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Terms
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1. Scope of application
The following General Terms and Conditions in the version valid on the date of order will apply to the orders of customers who are consumers as defined by Sec. 13 BGB [“Bürgerliches Gesetzbuch” = German Civil Code] and to their business relationship with Midgard Textilvertriebs GmbH (= Midgard). Midgard will not accept any deviating customer conditions.
2. Conclusion of the contract
2.1. The customer’s order constitutes an offer to Midgard to conclude a contract of sale. After Midgard has received an order, the customer receives an e-mail that confirms receipt of the order and lists the details contained in the order (= order confirmation). This order confirmation does not constitute the acceptance of the offer. Instead it merely serves to inform the customer that the order has been received. The customer is bound to the order for a period of 10 days. The contract of sale only comes into effect when Midgard has issued a written supply commitment or when the goods ordered have been delivered.
3.Delivery
3.1. Unless otherwise agreed, delivery is made from Midgard’s warehouse to the delivery address specified by the customer at the cost of (see 5.2 below) and at the risk of the customer.
3.2. In the event that Midgard for reasons beyond its control is unable to deliver the goods ordered after the contract has been concluded, for example in cases including but not limited to force majeure or because Midgard’s supplier does not fulfil its contractual obligations, Midgard is entitled to withdraw from the contract. In such a case Midgard will inform the customer immediately that the product ordered is not available.
3.3. In the event that it is not possible to carry out the delivery to the customer, for example including but not limited cases in which the customer cannot be located at the delivery address specified, the customer will bear the cost of the failed delivery.
4.Right of return (instruction)
4.1. Right of return
The customer can return the goods received without stating any reason within a period of two weeks by sending back the goods. The period commences upon receipt of this instruction in text form (including but not limited to a letter, fax or e-mail) but not before receipt of the goods. Only in the case of goods that cannot be sent as a package (including but not limited to bulky goods) the customer can also send back the goods by means of a demand for retraction in text form. The deadline is deemed to be met once the goods or the demand for retraction have been dispatched on time. In any event the goods are returned at the cost and risk of Midgard. The goods/demand for retraction must be returned/sent to: Midgard Textilvertriebs GmbH, Taunusstrasse 38, 80807 Munich, Germany.
4.2. Consequences of return
In the event of an effective return, the payments received on both sides must be returned and any benefits derived (including but not limited to benefits from use) must also be returned. In the event that the goods have deteriorated, compensation for value can be demanded. This does not apply in the event that deterioration of the goods is solely attributable to their inspection, as it could be the case e.g. in a retail store. Otherwise the customer can avoid the duty to compensate for value for the deterioration of the goods put to its intended use by not using the goods as an owner and by ceasing all activities that reduce the value of the goods. Obligations to refund payments must be met within a period of 30 days. For the customer, the period commences upon sending back the goods or upon the demand for retraction, for Midgard, the period commences upon receipt.
End of instruction
5. Prices, delivery costs, mode of payment
5.1. Those prices listed on the website www.mogulshop.com at the time of the order will apply. These include the statutory rate of value added tax applicable in Germany.
5.2. The delivery costs charged to the customer can differ for deliveries within Germany and deliveries abroad. The respective delivery costs applicable can be obtained from the website www.mogulshop.com. These include the statutory rate of value added tax applicable in Germany.
5.3. With respect to the due date for the purchase price as well as the mode of payment, the information on the website www.mogulshop.com will apply.
6. Retention of title
The goods delivered remain the property of Midgard until payment has been made in full.
7. Liability for defects
7.1. Midgard warrants that the goods delivered are fit for ordinary use and dispose of a quality that is customary for goods of a similar kind and that the buyer can reasonably expect of this kind of goods. Customary or minor or technically unavoidable deviations in quality, colour, size, weight, equipment or design do not constitute defects.
7.2. The customer loses an entitlement to claim for defects in the event that he/she fails to notify in text form (e.g. letter, fax or e-mail) obvious defects within a period of two weeks from the date on which the goods were delivered. In order to uphold the entitlement, it is sufficient to send notice in good time.
7.3. Midgard can elect whether to make subsequent performance by eliminating the defect or by delivering goods free of defects.
7.4. In the event subsequent performance is made by delivering a replacement good, the customer is obliged to return to Midgard the defective goods initially delivered in return for delivery of the goods that are free of defects at the cost of Midgard. Sec. 439 (4) BGB applies accordingly.
8. Offsetting, retention of goods
A party is only entitled to offset in the event that its counterclaims are legally valid or are undisputed by the other party or have been recognised in writing by the other party. Furthermore the party is only authorised to exercise its retention right to the extent that its counterclaim is based on the same contractual relationship.
9. Applicable law
German law applies.
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