General Terms and Conditions
General terms and conditions for the online shop "mutushop.com"
Status: 11.12.2020
1. General
1.1 All offers, sales contracts and deliveries based on orders from our customers (hereinafter “customers”, “users” or “you”) for products (hereinafter “products”) via the online shop www.mutushop.com (hereinafter “site ") are subject to the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order.
The owner of the site and provider of the online shop is Invisible Room GmbH & Co. KG, place of business: Rigaer Straße 84, 10247 Berlin, telephone number: +4915120467914 (hereinafter "we").
1.2 The range of products on our site is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these GTC, (i) a consumer is any natural person who concludes the contract for a purpose that can neither be attributed to their commercial nor their independent professional activity (§ 13 BGB) and (ii) is an "entrepreneur" a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity (§ 14 Para. 1 BGB).
1.3 The customer's terms and conditions do not apply, even if we do not specifically object to their validity in individual cases.
2 Conclusion of contract
2.1 Our offers on our site are non-binding. The purchase of products is subject to the terms and conditions in force at the time.
2.2 When you purchase a Product: (i) you are responsible for reading the item description in full before committing to buy it, and (ii) completing an order on the Site (by completing a checkout process via the "Order now" button or a similar button) can create a legally binding contract for the purchase
of the corresponding product, unless the present General Terms and Conditions provide otherwise.
2.3 You can select products from our product selection and place them in the shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct inadvertent pricing errors. These changes will not affect the price of products you have previously purchased. When paying, you will see an overview of all the products that you have placed in the shopping cart. On the checkout page you also have the possibility to check the products and quantities and, if necessary, to change, remove or correct them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. If you click on the "Order for a fee" button, you place a binding order to purchase the items listed
Products at the stated price and shipping costs. To complete the ordering process by clicking on the "Order with costs" button, you must first accept these terms and conditions as legally binding for your order by clicking on the appropriate box.
2.4 We will then send you an e-mail confirming receipt of your order, in which your order is listed again and which you can then print out or save using the corresponding function. Please note that this is an automatic notification, which only proves that we have received your order. She doesn't show
indicate that we have accepted your order.
2.5 The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - for which a payment transaction is initiated immediately when your order is submitted (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt) . In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process, as described above, using the "Order with costs" button.
2.6 The purchase contract is concluded in German. After the conclusion of the contract, the contract documents are stored with us, you then no longer have access to them.
2.7 Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return instructions that are communicated to him as part of the order on our website and to return the goods (see Section 9 of the General Terms and Conditions).
3 vouchers, gift cards and other offers
Coupons, gift cards or discounts and other offers may be available for our Products from time to time (collectively, “Offers”). Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, bartered, reproduced or
be distributed.
4 Delivery, retention of title
4.1 We only deliver products within Germany. We ship ordered products within 7 working days after receipt of payment. The ordered products are shipped by post. We bear the shipping risk if the customer is a consumer.
4.2 The delivered products remain our property until full payment has been made.
5 Prices and Shipping Costs
5.1 All prices stated on the site include the applicable statutory sales tax.
5.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal.
5.3 In the event of a cancellation, the customer must bear the direct costs of the return shipment.
6 Payment modalities, storage of online payment details
6.1 The customer can make payment by direct debit or credit card.
6.2 Payment of the purchase price is due immediately upon conclusion of the contract.
6.3 You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
7 Material defect warranty, guarantee
7.1 We are liable for material defects in accordance with the applicable statutory provisions.
7.2 An additional guarantee only exists if this was expressly given in the order confirmation for the respective item.
8 Liability
8.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on intentional or grossly negligent
breach of duty on our part, our legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
8.2 In the event of a breach of essential contractual obligations, we are only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
8.3 The restrictions of paragraphs 8.1 and 8.2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
8.4 The limitations of liability resulting from paragraphs 8.1 and 8.2 do not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have made an agreement with you about the nature of the item. The provisions of the Product Liability Act remain unaffected.
9 cancellation policy
9.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information based on the statutory template below. A sample cancellation form can be found in paragraph 9.2.
10. Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us, Invisible Room GmbH & Co. KG,
place of business: Rigaer Straße 84, 10247 Berlin, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample revocation form attached below, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
11. Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the
day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12. We inform you about the model cancellation form according to the legal regulations as follows:
________________________________________________________________
Sample withdrawal form
(If you want to revoke the contract, please fill out this form
out and send it back.)
— To Invisible Room GmbH & Co. KG, place of business: Rigaer Straße 84, 10247 Berlin, info@mutushop or maren@invisibleroom.com
— I/we (*) hereby revoke the contract concluded by me/us (*)
about the purchase of the following goods (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
- Date
(*) Delete where not applicable
________________________________________________________________
13 Final Provisions
13.1 The law of the Federal Republic of Germany applies to contracts between us and the customer, excluding the UN sales law. The legal regulations on the limitation of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected. The European Commission provides a platform for online dispute resolution (OS)
ready, accessible at: Please note that we are under no obligation to resolve consumer disputes through alternative dispute resolution bodies.
13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is the registered office of our company, Berlin.
13.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.