MONO.KONSUM GENERAL TERMS OF CONTRACT
I. General Provisions
1. These General Terms of Contract (the ‘Terms and Conditions’) shall govern all transactions in the on-line shop at www.mono-konsum.com and subdomains. MONO.KONSUM shall not be bound by any customer's terms that diverge from or purport to complement the Terms and Conditions, even if we do not contradict them and/or deliver without reservation in the knowledge of the customer’s contrary terms, and even if the customer declares that he or she will order only according to his or her terms.
2. A ‘business’ is an individual person, legal entity or incorporated partnership that, in concluding the contract, is acting in a commercial capacity or in a capacity as self-employed professional (Section 4 Civil Code).
3. A ‘consumer’ is an individual person who concludes the contract for a purpose that can be attributed neither to their commercial nor to their self-employed professional capacity (Section 13 Civil Code).
4. If the customer is a consumer, he has the right of revocation. If the customer is a business and, when concluding the contract, is acting in his commercial or independent capacity, he has no rights of revocation.
II. Conclusion Of Contract
1. A contract arising from the on-line shop is concluded with MONO.KONSUM, owner Kai von Rabenau, as Seller.
2. The display of goods for sale on www.mono-konsum.com and subdomains represents a non-binding invitation for the customer to make an offer by placing an order.
3. By clicking the ‘Place Order’ button in the online order form at www.mono-konsum.com the customer makes a binding offer for a contract of sale. Unless otherwise agreed, we are entitled to accept this contract offer within  days of receipt. Confirmation of receipt of the order by us is not a notice of acceptance and does not lead at this point to the conclusion of a contractual relationship. The contract will be accepted either in writing (e.g. through approval of the order by email or fax) or by delivery of the item to the customer.
4. Before clicking the ‘Place Order’ button the customer will have the option – under the heading ‘Order Overview / Edit’ or under the heading ‘Your Checkout Progress’ – to check all information (e.g. name, address, articles ordered, etc.) and to correct any errors or make other changes as necessary.
5. The terms of the contract can be reviewed in the customer account at any time after the contract has been concluded.
6. The contract may be concluded only in German or English language.
– Right of Revocation –
Right Of Cancellation
A consumer may cancel his or her contract within 14 days, without giving a reason, in writing (e.g. letter, fax or e-mail) or by returning the goods. The 14-day period begins on receipt of this notification in writing, but not before the consumer has received the goods (or, in the recurring supply of similar goods, before receipt of the first partial delivery) and also not before fulfillment of our obligation to provide information according to Article 246 Section 2 in connection with Section 1 Paragraph 1 and 2 (Civil Code) as well as our obligations under Section 312e Paragraph 1 Subsection 1 (Civil Code) in connection with Article 246 Section 3 (Civil Code). For the cancellation to be legally effective, prompt sending of the notice of cancellation or return of the goods is adequate. The notice of cancellation is to be directed to:
Kai von Rabenau
Köpenicker Strasse 175
Under Section 312 d Paragraph 4 No. 1 - 3 (Civil Code), the right of cancellation does not apply to contracts for the delivery of goods that are made according to customer specifications or are adapted unambiguously to the customer's personal requirements or which, because of their nature, are not suitable for return. In the case of distance sales contracts the right of cancellation does not apply for the supply of audio or video recordings or software if the delivered data medium has been unsealed by the customer; or for the delivery of newspapers, magazines and journals.
Consequences Of Cancellation
In the event of a valid cancellation, each party shall return to the other the services/goods received, along with any benefits deriving therefrom (e.g., interest). If the customer is unable to return the goods/services to us in whole or in part or only in a deteriorated condition, the customer is obliged to pay compensation for lost value. This does not apply to goods that have deteriorated solely as a result of inspection, such as would have occurred if the goods had been inspected in a shop. Shippable items can be returned at our risk. The customer shall bear the cost of returning the goods if the delivered item corresponds to the order and the price of the item to be returned does not exceed 40 Euros, or if the customer has not yet provided full payment or an agreed partial payment at the time of cancellation. If none of these provisions apply, MONO.KONSUM shall bear the cost of returning of the goods. Goods that are not suitable for shipping will be collected. Conditions for the reimbursement of payments must be met within 30 days. The 30-day period begins, for customers, with the sending of the notice of cancellation; for us the 30-day period commences when the notice of cancellation is received.
Exceptions to the Right of Cancellation
Unless otherwise agreed in writing, the right of cancellation does not apply to distance sales contracts:
- - for the delivery of goods that are made according to customer specifications or are adapted unambiguously to the customer’s personal requirements or which, because of their nature, are not suitable for return.
- - for the supply of audio or video recordings or software if the delivered data medium has been unsealed by the customer.
- - for the delivery of newspapers, magazines and journals, with the exception of the case that the customer has placed the order by telephone.
– End of Right of Revocation –
III. Prices; Payment Terms; Costs for Return of Goods
1. All prices are gross prices (including current, applicable sales tax).
2. Additional costs for postage and packing will be charged separately to the customer. Details of shipping costs are to be found under the heading ‘Shipping’ on the issued invoice. Shipping charges are calculated on the basis of the weight of the package(s) and the delivery destination, and will be indicated to the customer as part of the ordering procedure. For deliveries abroad the customer shall bear the cost of any additional taxes, duties or other fees.
3. Payments for orders from the countries Andorra, Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxemburg, Malta, Monaco, Montenegro, Netherlands, Portugal, San Marino, Slovakia, Slovenia and Spain may be made through PayPal or Bank Transfer. From all other countries, payments shall occur exclusively through PayPal. In any case, orders will only be sent after payment is received.
4. If the customer has made use of his or her right of cancellation, he or she must bear the regular costs of returning the goods if the delivery corresponds to the order and if the price of the goods to be sent back does not exceed 40 Euros or, in the case of a higher price, if the customer has not yet provided full payment or an agreed partial payment at the time of cancellation. If none of these provisions apply, MONO.KONSUM shall bear the cost of returning of the goods.
IV. Delivery; Terms of Delivery; Transfer of Risk
1. Deliveries are ex-works (place of performance). At the customer’s request and cost the product can be dispatched to another destination (delivery by carrier). Unless otherwise agreed in writing, MONO.KONSUM is entitled to determine the mode of delivery, including the transportation company and the method of shipping.
2. The cost of delivery shall be calculated on the basis of weight of the parcel(s) and the delivery destination, and will be sent by post or DHL from Monday to Saturday.
3. The regular delivery schedule can be found under ‘Shipping’. These estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays or additional charges caused by destination customs clearance processes.
4. A binding date of delivery may be set by agreement in writing or notified by us upon acceptance of the order.
5. If we realize that a binding delivery date cannot be met for reasons beyond our control, we will inform the customer immediately and provide details of a revised delivery date. If the delivery is not possible by the revised delivery date, for reasons beyond our control, MONO.KONSUM is entitled to withdraw completely or in part from the contract; and payments already made by the customer for undelivered goods will be returned without delay. Our legal rights to revoke or cancel the contractual agreement as well as the legal regulations regarding the settlement of the contract upon under exclusion of the obligation to perform (e.g. when performance and/or subsequent performance is impossible or unreasonable) remain unaffected. Likewise unaffected are the customer’s legal rights to revoke or cancel the contract, in particular his or her right to withdraw from the contractual obligation if the goods remain undelivered after the revised delivery date.
6. In the case of sale to a consumer, the risk of accidental destruction and chance deterioration of the goods passes to the customer at the time of delivery of the goods to the customer, even if the customer fails to accept delivery. In the case of sale to a business, the risk of accidental destruction and chance deterioration of the goods, as well as the risk of delayed delivery, is passed on to the customer as soon as MONO.KONSUM has delivered the goods to the forwarding agent or to another person/enterprise designated for shipping the items.
V. Retention of Title; Offsetting Payments
1. MONO.KONSUM retains ownership of the delivered goods until all of the customer’s obligations (both present and future) arising from the respective contract have been fulfilled. If the customer is a business, MONO.KONSUM additionally retains ownership of the delivered goods until all of the customer’s obligations (both present and future) arising from the respective contract and from the ongoing business relationship have been fulfilled.
2. While MONO.KONSUM retains title, the customer may not dispose of the delivered product, nor pledge it, nor assign it as collateral to a third party. The customer must inform MONO.KONSUM in writing without delay when a third party takes possession or seeks to take possession of the goods (e.g. in the event of attachment or seizure). If a third party takes possession or attempts to take possession of goods over which MONO.KONSUM retains ownership, the customer is obliged to inform the third party that the goods are the property of MONO.KONSUM. In such a case, the customer bears the costs of enforcing the property rights of MONO.KONSUM.
3. The customer may only offset claims made by MONO.KONSUM or exercise a right of retention against claims made by MONO.KONSUM if the customer’s counterclaim is undisputed or has been established by due process of law.
1. In case of material and legal defects and violation of other obligations, the rule of law applies provided that and in so far as nothing else is agreed in the following. In all cases, the legal provisions on the final delivery of the product to the consumer remain unaffected (Sections 478, 479 Civil Code).
2. If the customer is a business, the customer must inspect the goods upon delivery and report any defects in writing within 14 days of delivery (Sections 377, 381 Civil Code). Regardless of the business obligation to inspect goods and draw notice to defects, notification of any evident defects is to be made within 14 days of delivery, whereby the punctual sending of the notification is adequate here too. Otherwise any liability for warranty claims will be excluded and the goods will be regarded as approved.
3. Where a defect has been established, MONO.KONSUM is legally obliged to subsequent performance. If the customer is a business, MONO.KONSUM is entitled to decide whether the subsequent performance should occur through removal of the defect (rectification of defect) or through delivery of a defect-free product (replacement delivery). In any case, MONO.KONSUM is entitled to make the obligatory subsequent performance dependent on payment of the purchase price; the customer is, however, entitled to retain a part of the purchase price relative to the extent of the defect until MONO.KONSUM effects subsequent performance.
4. If the customer is a business, MONO.KONSUM bears the costs incurred by inspection and subsequent performance only if a defect is actually confirmed; if this is not the case, the customer bears these costs. The customer shall be obliged to pay compensation to MONO.KONSUM in the event of an unjustified demand to remedy a defect.
1. MONO.KONSUM is liable for damages, irrespective of legal ground, in the event of intent or gross negligence. For simple negligence MONO.KONSUM is liable only for damages resulting from personal injury, bodily harm or damage to health, and from breach of a cardinal contractual obligation (an obligation the fulfillment of which is essential for the proper realization of the contract and upon which the contracting partners may regularly rely). In the case of a breach of a cardinal contractual obligation, MONO.KONSUM’s liability is limited to the amount of damages typically foreseeable for the type of contract.
2. The preceding limitations of liability do not relieve MONO.KONSUM from liability in the case of misrepresentation of a defect by silence or the acceptance of a guarantee by us for the quality of the product nor any other liability that cannot be excluded or limited under applicable law.
3. In the event of a breach of obligation that is not attributable to a defect, the customer may only withdraw from or terminate the contract if MONO.KONSUM is responsible for the breach. In any other case, the relevant statutory provisions and legal consequences apply.
1. If the customer is a business, the general period of limitation for claims brought by the customer on the grounds of a defect in the delivered product is one year from delivery. The same limitation period also applies to contractual and non-contractual compensation claims brought by the customer on the grounds of a defect in the delivered product, unless the statutory limitation period would result, in the individual case, to a shorter period of limitation. The legal provisions regarding the period of limitation for restitution of property, fraudulent intent and supplier's recourse claims remain unaffected.
2. For claims brought under the Product Liability Act, the periods of limitation stipulated in the Act shall remain unaffected. In all other cases, compensation claims made by the customer shall be governed exclusively by the statutory periods of limitation under Section VII.
IX. Legal Venue; Applicable Law; Data Protection
1. If the customer is a business, Berlin, Germany shall be exclusive legal venue for all disputes (including international disputes) arising from or in reference to these Terms and Conditions and any contractual relations between us and the customer that fall under these Terms and Conditions; however, we also reserve the right to file a complaint at the place of performance. If the customer is a consumer, the legal venue shall be determined by the relevant statutory provisions.
2. If the customer is a business, German law applies to the exclusion of all international and supranational (contract) jurisdictions, including the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the applicable law shall be determined by the relevant statutory provisions.
MONO.KONSUM August 03, 2011