Terms
Terms & Conditions
1. Scope
For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.
The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
The following applies to Austria: In the following conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following terms and conditions, "consumer" means the "consumer" under Swiss law.
An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Medienhaus Müller GmbH & Co. KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German
We save the contract text and send you the order data and our terms and conditions in text form. The text of the contract is no longer accessible via the Internet for security reasons.
4. Terms of delivery
4.1 Delivery area
We deliver within Germany, Austria and Switzerland.
4.2 Delivery options
We ship the products to the delivery address specified in the ordering process.
We only deliver by shipping. Unfortunately, a self collection of the product is not possible.
5. Payment
5.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
5.2 Due date and default in payment
The price is due upon conclusion of the contract, unless a later date arises from the following payment conditions.
The following applies to customers based in Germany and Austria:
- Towards consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1,50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. This does not affect any other claims.
- To entrepreneurs: In the event of late payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate plus a flat rate of 40 euros. Other claims remain unaffected by this.
The following applies to customers based in Switzerland:
- Towards consumers: In the event of late payment, we reserve the right to charge you a fee of CHF 1,50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. This does not affect any other claims.
- To entrepreneurs: In the event of late payment, we reserve the right to charge you interest on arrears amounting to nine percentage points above the ECB base rate as well as a flat rate of CHF 40. Other claims remain unaffected.
5.3 Payment methods
The following payment methods are generally available to you in our shop.
Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
Enter your credit card details in the order process. Your card will be charged immediately after you have placed your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
PayPal
In collaboration with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will receive further information regarding the respective payment option and during the ordering process.
PayPal, PayPal Express
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Credit card through PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed of the date of the account debit by PayPal (so-called prenotification). The account is debited before the goods are dispatched.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the money order. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, and have activated the Apple Pay function , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The product remains our property until full payment has been made.
For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
The following also applies to entrepreneurs: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. Data backup
You are responsible for properly and regularly backing up your data. We are not liable for any damages resulting from data loss if you could have avoided the data loss by performing regular and complete backups.
The above restriction does not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- In case of injury to life, body or health
- In case of intentional or grossly negligent breach of duty as well as fraudulent intent
- In the case of violation of material contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- As long as the scope of the Product Liability Act is in force.
10. Warranties and Guarantees
10.1 Right to liability for defects
The following applies to consumers based in Germany and Austria:
The statutory right to liability for defects applies.
For consumers residing in Switzerland,:
They should, as soon as feasible in the normal course of business, inspect the condition of the received item and, if defects for which the seller is liable are discovered, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed to have been approved, unless the defects were not detectable during the usual inspection. If such defects become apparent later, notification must be made immediately upon discovery; otherwise, the item is deemed to have been approved even with regard to these defects.
Send the defective product back to us with a description of the defect. You bear the transport costs incurred. We guarantee that defects will be rectified. This is done at our discretion either by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). If subsequent fulfillment fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.
The following applies to entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
10.2 Warranties and customer service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
11. Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- In case of injury to life, body or health,
- In case of intentional or grossly negligent breach of duty,
- , If agreed upon warranty promise, or
- As long as the scope of the Product Liability Act is in force.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
12. Code of Conduct
We have submitted to the following codes of conduct:
13. Dispute Resolution
Important note: The online dispute resolution (ODR) platform will be permanently discontinued on July 20.7.2025, 20.3.2025. Therefore, the submission of complaints on the ODR platform will cease on March XNUMX, XNUMX. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the sense of the German Commercial Code, you are a merchant, a legal entity under public law or a special fund under public law, and for all exclusive jurisdiction disputes, contractual relationships between us and between you are our place of business.
Terms created with the Trusted Shops legal copywriter
