General terms and conditions of business

General terms and conditions of business

between

the company

minota ceramics GbR

Winkler & Maushammer

Kotzinger Strasse 58

83278 Traunstein

Germany

- hereinafter referred to as “Provider” -

and

the respective customer

- hereinafter referred to as “Customer” -


I. Scope, definitions

  1. The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the provider of the online shop minotaceramics.com (hereinafter "provider") and the customer (hereinafter "customer"). Differing general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
  2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.


II. Conclusion of contract

  1. The customer can select products or vouchers from the provider's range and collect them in a so-called shopping cart by clicking on the "add to cart" button. By clicking on the "order with payment" button, the customer submits a binding request to purchase the goods or vouchers in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be made and transmitted if the customer has accepted these contractual conditions by clicking on the "accept terms and conditions" button and has thereby included them in his application.
  2. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. A contract is only concluded when the order is accepted by a declaration of acceptance or by delivery of the ordered items. When the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by us on a permanent data medium (paper printout) (contract confirmation). The provider does not make the contract text accessible beyond this. The contract text is stored in compliance with data protection regulations.
  3. The contract is concluded in German.


III. Delivery, availability

  1. Delivery times specified by the provider are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods from the online shop, it is 2 to 5 working days, unless otherwise agreed. It begins - subject to the provisions in paragraph 3 - with the conclusion of the contract.
  2. The provider delivers to Germany. The provider decides on an individual basis and after prior consultation via email whether to accept orders for deliveries abroad.
  3. Delivery dates - unless expressly guaranteed - are non-binding and are subject to the timely and complete availability of the goods.
  4. The start of any delivery period specified presupposes the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.
  5. If the customer defaults on acceptance or culpably violates other obligations to cooperate, the provider is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance or payment.
  6. If no copies of the product selected by the customer are available at the time of the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.
  7. If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.


IV. Retention of title

  1. The delivered goods remain the property of the provider until full payment has been made.
  2. The provider retains title to the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if the provider does not always expressly refer to this.
  3. The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. As long as ownership has not yet been transferred, the customer must notify the provider immediately in writing if the delivered item or vouchers are seized or subject to other interventions by third parties. If the third party is not in a position to reimburse the provider for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for this.
  4. If the customer is a business customer, he is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns the customer's claims from the resale of the reserved goods to his customers in the amount of the final invoice amount agreed with him (including VAT), who accepts this assignment. This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The provider's authority to collect the claim itself remains unaffected. However, the provider will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.


V. Prices and shipping costs

  1. All prices stated on the provider’s website include the applicable statutory sales tax, duties and customs duties.
  2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.
  3. The goods are dispatched by post. The shipping risk is borne by the provider if the customer is a consumer.
  4. In the event of cancellation, the customer must bear the direct costs of returning the goods.
  5. If an order is fulfilled by partial deliveries, the customer will only incur shipping costs for the first partial delivery. If partial deliveries are made at the customer's request or instigation, the provider will charge shipping costs for each partial delivery.


VI. Terms of payment

  1. The customer can make payment via PayPal, Visa (credit and debit cards), MasterCard (credit and debit cards), American Express.
  2. Payment of the purchase price is due immediately upon conclusion of the contract.
  3. The customer is not entitled to offset claims against the provider unless the customer's counterclaims have been legally established or are undisputed.
  4. Customers may only exercise their rights of retention if their counterclaims arise from the same purchase contract.


VII. Warranty for material defects

  1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For businesses, the warranty period for items supplied by the provider is 12 months after delivery of the goods supplied by the provider. This does not apply if the law, e.g. pursuant to § 479 paragraph 1 BGB (right of recourse), stipulates longer periods.
  2. An additional guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective article.
  3. If, despite all due care, the delivered goods have a defect that was already present at the time of transfer of risk, the provider will, at its discretion, repair the goods or deliver replacement goods, subject to timely notification of defects. The provider must always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above provision without restriction.
  4. Claims by the customer for expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded to the extent that the expenses increase because the goods delivered by the provider were subsequently transported to a location other than the customer's branch, unless the transport corresponds to their intended use.


VIII. Complaints

Complaints arising from this contract must be addressed in writing to:

minota ceramics GbR

Winkler & Maushammer

Kotzinger Strasse 58

83278 Traunstein


IX. Trademarks, patents and copyrights

  1. The Customer acknowledges the Supplier's ownership and title to all trademarks, service marks, trade names, patents, copyrights and other intellectual property rights relating to the Goods.
  2. The Customer shall not take any action to infringe, deface, remove, alter, obscure or misuse any such trademark, trade name or copyright notice.
  3. The Customer shall inform the Provider immediately if he becomes aware of any infringement of such intellectual property rights by third parties and shall provide the Provider with reasonable assistance in connection with any proceedings arising therefrom.


X. Force majeure

In no event shall the Supplier be liable to the Customer if the Supplier is prevented from performing its obligations under these Conditions in whole or in part due to an event of Force Majeure, which term includes acts of God, fires, floods, storms, power failures, curtailment of energy supplies, mechanical breakdowns, lack or shortage of materials or stocks or other circumstances beyond the reasonable control of the Supplier and; strikes, lock-outs or industrial disputes concerning the Supplier or any other party or any action taken by the Supplier in connection therewith, arising as a result of or in furtherance thereof.


XI. Liability

  1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
  2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
  3. The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
  4. The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.


XII. Waiver Clause

Any waiver by the Provider of any breach by the Customer of any of its obligations under these Terms and Conditions shall not constitute a waiver of any further or future rights of the Provider.


XIII. Alternative dispute resolution

  1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
  2. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
  3. The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

XIV. Final provisions

  1. Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
  3. All agreements made between the parties for the purpose of executing this contract are set out in writing. Changes or additions must be made in writing. This also applies to the waiver of this written form clause.
  4. All declarations of intent by the customer (in particular complaints about defects, terminations, etc.) must be made in writing.
  5. Even if individual points are legally invalid, the remaining parts of the contract remain binding. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.