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GENERAL TERMS
AND CONDITIONS WITH CUSTOMER INFORMATION

 

TABLE OF CONTENTS

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of campaign vouchers
  9. Applicable Law
  10. Place of jurisdiction
  11. Alternative dispute resolution

1) SCOPE

1.1 These general terms and conditions (hereinafter “GTC”) of Mission GmbH (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller’s Complete the goods displayed in the online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.

1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

2) CONCLUSION OF THE CONTRACT

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax or email.

2.3 The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the customer’s receipt of the order confirmation is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If the payment method “Amazon Payments” is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.

2.5 When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before the binding submission of the order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.

4) PRICES AND TERMS OF PAYMENT

4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the seller’s online shop.

4.4 When paying by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller’s order processing is decisive.

5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.

5.3 Collection by the  customer is not possible for logistical reasons.

6) RETENTION OF TITLE

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The  following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply

  • for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for claims for damages and reimbursement of expenses by the customer, as well as
  • in the event that the seller has fraudulently concealed the defect.

7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) REDEMPTION OF CAMPAIGN VOUCHERS

8.1 Vouchers that are issued by the seller free of charge as part of promotions with a certain period of validity and that cannot be purchased by the customer (“promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

8.2 Promotion  vouchers can only be redeemed by consumers.

8.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.

8.4 Promotional  vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.

8.5 Only one campaign voucher can be redeemed per order.

8.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

8.7  If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.

8.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.10 The campaign voucher is transferable. The seller can pay the respective owner who redeems the promotional voucher in the seller’s online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

9) APPLICABLE LAW

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10) PLACE OF JURISDICTION

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.

11) ALTERNATIVE DISPUTE RESOLUTION

11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.