General terms and conditions with customer information

General terms and conditions with customer information

1. Provider, Online Dispute Resolution
2. scope
3. definitions
4. Offer and conclusion of contract
5. delivery time
6. prices and shipping costs
7. transport risk
8. Payment Methods
9. retention of title
10. right of withdrawal
11. Statutory liability for defects
12. notice of defects
13. Limitation of Liability, Warranties
14. Contract language, contract text storage
15. Governing Law, Choice of Venue Agreement
16. Severability Clause
17. Note on the disposal of batteries/rechargeable batteries

1. Provider, Online Dispute Resolution

(1) Provider of the product range presented in this online shop and contractual partner in the conclusion of purchase contracts that are concluded via this online shop is the company named below (hereinafter: "Provider"):

Michur GmbH, Zum Stempel 2, 35043 Marburg

Managing Director: Thorsten Schleich

Telephone: 064249291175

Email: info@michur.com

Sales tax identification number: DE 268482727

Registration court / commercial register: District Court of Marburg, HRB 5662

(2) The European Commission provides a platform for online dispute resolution (OS) under the following link: https://ec.europa.eu/consumers/odr .

(3) For general consumer problems, the general consumer arbitration board of the Center for Arbitration e. V., which can be reached at https://www.verbraucher-schlichter.de or at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.

(4) The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

2. scope

The following General Terms and Conditions (GTC) apply to all contracts concluded via this online shop. These also contain the legally required information according to the regulations on contracts in distance selling and electronic commerce.

3. definitions

As far as the terms "entrepreneur" and "consumer" are used, the legal definitions of the German Civil Code (BGB) apply:

(1) An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.

(2) A consumer within the meaning of Section 13 of the German Civil Code is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

 

4. Offer and conclusion of contract

(1) The product presentations in this online shop are always non-binding and do not constitute an offer in the legal sense. The product presentation invites the customer to place the desired products in the shopping cart, and by ordering the products a legally binding offer to purchase the ordered products deliver products. The point in time at which the contract is concluded is based on point 4. (3) of these General Terms and Conditions.

(2) The customer can use the shopping cart function to place the desired products in the shopping cart without obligation. To do this, click on the corresponding button or symbol on the respective product page. A product that you do not want and that has already been selected can be removed from the shopping cart at any time by calling up the shopping cart and removing the corresponding product by clicking on the delete button.

(3) If all desired products are in the shopping cart, the customer can initiate the payment process by pressing the button ["Now to checkout"]:

(a) "Express Checkout PayPal" button:

If the "PayPal" instant payment system is selected, the customer will be redirected to the PayPal log-in page by clicking on the "PayPal" button. After successful registration, the shopping cart and the address and payment data stored with PayPal are displayed. Here the customer has the opportunity to check his entries and to correct errors by clicking on the respective button [“Change”] and making a new entry or new selection. By clicking on the ["Pay now"] button, the purchase process is completed and the contract with the provider is concluded immediately.

(b) Registration / Login

If PayPal express payment is not selected, the customer can register with an existing customer account, open a new customer account (by clicking on the opt-in "Save my information and pay faster next time") or use the guest order function to place the order without opening a customer account carry out. In the following, the personal data required for the execution of the contract must be entered by the customer. In the further order process, the desired payment method will be requested. At the end of the ordering process, the customer arrives at an overview page ("Checkout"), on which the data entered, the selection made by the customer, the desired products and the costs and their composition are listed. At this point, the customer can check his selection and entries. Errors can be corrected by pressing the respective change button and making a new entry/new selection. By pressing the order button [“Buy”], the purchase process is completed and the customer submits a legally binding offer to conclude a contract. The contract is concluded when the provider accepts the offer and sends an order confirmation within 48 hours. Otherwise the offer is considered rejected.

5. delivery time

The delivery time is indicated on the product detail page. If there is no specific information about the delivery time on the product page, the following applies: The ordered goods will be dispatched within 3 working days after ordering or, in the case of advance payment methods, within 4 working days after payment has been made by the customer. Sundays and public holidays are not included in the calculation. With the usual post and parcel delivery time, the delivery time to the customer is 2-5 working days. The specified delivery times only apply to shipping within Germany. Shipping abroad, if offered, can take 3-4 working days longer.

6. prices and shipping costs

(1) The prices stated in this online shop are final prices without exception and include the statutory value added tax.

(2) If shipping costs are incurred, they will be listed on a corresponding and linked subpage for the delivery area offered. It will only be shipped to the countries listed there.

(3) If shipping outside the EU is offered, additional customs duties, taxes and fees may apply, which must be borne by the customer and paid to the responsible customs or tax authorities. The details can be requested by the customer before ordering from the responsible customs or tax authorities.

7. transport risk

(1) When purchasing consumer goods, the provider bears the transport risk in accordance with the statutory provisions. If the buyer is an entrepreneur, the transport risk is transferred to him as soon as the goods are handed over to the transport company.

(2) If the customer is responsible for the undeliverability of a shipment, he must bear the additional costs incurred as a result. Consignments are considered undeliverable if no person authorized to receive them can be found and the collection period has expired without result, the recipient or authorized recipient refuses to accept them, or the recipient cannot be found at the address provided. A refusal to accept delivery also includes preventing delivery via an existing receiving facility (e.g. taping shut/prohibiting posting at the house letterbox or parcel box), refusing to pay the cash on delivery amount/cash on delivery costs (if the cash on delivery payment method was offered and selected by the customer) or refusing to hand over the goods the confirmation of receipt.

8. Payment Methods

(1) The customer can choose between several payment methods. These are listed on a correspondingly linked subpage and displayed for selection in the ordering process. If additional costs are incurred for certain payment methods, these are listed in detail on the correspondingly linked subpage.

(2) The delivery of the goods takes place in the prepayment payment methods after receipt of payment by the provider.

 

9. retention of title

If the customer is a consumer, the provider retains ownership of the delivered goods until the customer has paid the purchase price in full. If the customer is an entrepreneur, the provider retains ownership of the delivered goods until all claims arising from the business relationship with the buyer have been paid in full.

10. right of withdrawal

If, after the conclusion of a purchase contract, delivery problems arise with the supplier in the form that the supplier is not supplied in time in terms of type and quantity, the supplier reserves the right to withdraw from the contract. The above only applies in the event that the supplier is not responsible for the non-delivery, in particular has concluded a hedging transaction in good time to fulfill his contractual obligations and has informed the affected customers immediately. In such a case, the provider will immediately refund the services already rendered by the customer.

11. Statutory liability for defects

(1) In the case of contracts with consumers for the delivery of goods, the statutory provisions apply, which means that a two-year warranty period applies from the handover of the item to the consumer.

(2) Contrary to the statutory provisions, a warranty period of one year from handover to the buyer applies to contracts with entrepreneurs for the delivery of goods. The rights of the entrepreneur from §§ 478, 479 BGB remain unaffected.

(3) The shortening of the warranty period listed above under Item 11. (2) does not apply to claims based on damage caused by the provider, its legal representatives or vicarious agents in the following cases: In the event of injury to life, limb or of health, intentional or grossly negligent breach of duty, fraudulent concealment of a defect, breach of a duty whose fulfillment is essential for the proper execution of the contract and on whose observance the buyer may regularly rely (cardinal duty). Furthermore, the Provider is liable under the Product Liability Act, insofar as the scope of the Product Liability Act is open, or in other cases specified by law in which liability of the Provider is mandatory.

12. notice of defects

If the customer is a merchant within the meaning of the German Commercial Code (HGB), he must notify the provider of any defects immediately, but no later than one week after receipt of the goods. Defects that cannot be discovered within this period even with careful inspection must be reported in writing immediately after discovery, otherwise the goods are considered approved even with regard to this defect. The above does not apply if the provider has fraudulently concealed the defect or has assumed a corresponding guarantee. If the provider agrees to negotiations about a complaint, this does not in any way constitute a waiver of the objection of late, insufficient or unfounded notification of defects.

13. Limitation of Liability, Warranties

(1) The provider is fully liable for damages if he is guilty of intent or gross negligence.

(2) For simple negligence, the provider is only liable in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer can regularly rely (cardinal obligation). Otherwise, liability in the event of simple negligence is excluded.

(3) If the provider is liable for simple negligence as above, the liability is limited to the damage that typically had to be expected based on the circumstances known at the time the contract was concluded.

(4) The aforementioned exclusions and limitations of liability do not apply if a guarantee has been given for the quality of the goods or if the defectiveness of the goods has been fraudulently concealed. Furthermore, the provider is liable without limitation for damages for which he is responsible under the Product Liability Act, as well as for damage to life, limb and health.

(5) If the manufacturer or the provider grants guarantees for certain products, this will be pointed out on the corresponding product page or on a separately linked subpage. The statutory rights of the customer, in particular the statutory rights to liability for defects, are not affected by any guarantees granted.

 

14. Contract language, contract text storage

(1) The contract language is German.

(2) The text of the contract is not saved by the provider after the conclusion of the contract and is not accessible to the customer. The customer can print out the text of the contract before the contract is concluded and/or save it in a reproducible form by means of screenshots of the main websites or conversion to pdf format.

 

15. Governing Law, Choice of Venue Agreement

(1) The sales contracts concluded with entrepreneurs via this online shop are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.

(2) In the event of disputes relating to contracts concluded via this online shop, the place of jurisdiction shall be deemed agreed in the district in which the provider has its registered office if the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.

16. Severability Clause

If one of the above provisions is wholly or partially invalid due to legal provisions, regulations or changes in the law, all other provisions remain unaffected and continue to apply in full.

17. Note on the disposal of batteries/rechargeable batteries

If batteries or accumulators are included in the scope of delivery, please note the following: Used batteries and accumulators must not be disposed of with household waste. By law, used batteries and accumulators must only be disposed of through retailers or at collection points specially set up for this purpose. Retailers and manufacturers are legally obliged to take back the batteries and accumulators free of charge and to recycle them properly or to dispose of them as hazardous waste. The customer can therefore return or send back used batteries and rechargeable batteries to a municipal collection point or to a local retailer or to the provider free of charge.

Batteries and accumulators are marked with a crossed-out dustbin. For batteries that contain more than 0.0005% by mass of mercury, more than 0.002% by mass of cadmium or more than 0.004% by mass of lead, the relevant chemical symbol (Hg (mercury), Cd (cadmium) or Pb (lead)) is shown below the dustbin symbol listed.

 

Status: May 2023