|General Terms and Conditions|
|General Terms and Conditions|
1.1 The following General Terms and Conditions apply for all contracts, deliveries and services concluded under this online shop between Der Mottenshop, Yrsa Bettina Baehr (in the following "Der Motten Shop") and the customer.
1.2 Differing Terms and Conditions of the customer - both contradictory and supplementary - shall not be accepted, unless "Der Motten Shop" has explicitely accepted their application in writing.
2. Conclusion of a contract and parties to a contract
2.1 The representation of the products in the online shop by "Der Motten Shop" does not constitute a legally binding offer. Such a legally binding offer for the conclusion of a contract of sale shall be only made by the customer by clicking on the button "Order" regarding the products contained in the shopping cart at this moment. The customer shall be bounded to his offer for 7 days after ordering.
"Der Motten Shop" immediately confirms the receipt of the order to the customer per email. At the same time this shall be the order confirmation by "Der Motten Shop", with the receipt of this declaration the contract of sale shall be concluded bindingly.
2.2. The contract of sale shall be concluded between "Der Motten Shop", Yrsa Bettina Baehr, Eichengrund 7, 90530 Wendelstein, Germany and the customer.
3. Prices, Shipping costs
3.1 The prices stated on the product sites include the legal value added tax and other price components.
3.2 Additionaly to the prices stated the customer bears the shipping costs of the ordered products. The customer shall be explicitely informed in the order form of the current amount of the shipping costs accrued.
3.3 You shall bear the costs of the return shipment if the delivered product complies with the ordered one and if the price of the returned product does not exceed an amount of 40 euros or if in case of a higher product price you have not yet performed the return service or a partial payment contractually agreed at the time of the revocation. Otherwise the costs of returning shall be reimbursed.
4.1 The purchase price together with the shipping costs becomes due upon conclusion of the contract of sale. The payment shall be made exclusively by advance payment and shall be paid at the latest 14 days after receipt of the order confirmation.
4.2 We will provide our bank account information in the order confirmation and deliver the products considering the stated time of delivery (see no. 5) after receipt of payment. An invoice is enclosed in the delivery.
4.3 You shall only have the right for set-off if your counterclaim has been established legally binding by the court or has been accepted by us in writing.
4.4 You can only enforce a right of retention if the claims result from the same contractual relationship.
5.1 We only deliver to shipment addresses in England, Scottland and Ireland. For other destinations please inquire by e-mail.
5.2 The respective time of delivery shall be stated with the product on our website and is understood from the time of order. The delivery takes only place Monday to Thursday and takes 3 - 4 days. The payment shall be credited to the stated account until 11 o´clock at the latest for the order being considered for delivery on the following Monday, Tuesday, Wednesday or Thursday.
5.3 Our products have a very short life period. The useful animals hatch after three days. It is essential that the customer ensures the shipment address is correct and complete and accepts our goods on the first attempt of delivery if possible or if the first attempt of delivery has been failed immediately collects the goods from the deliverer or enables a second attempt of delivery.
6. Reservation of title
The product shall be property of "Der Motten Shop" until the payment has been completed.
We exclude our liability for slightly negligent breaches of duty, unless
Right of revocation
You may declare the revocation of your contractual statement - regarding orders of the product moth traps - in text form (e.g. letter, fax, email) or by returning the product within a period of one month without giving any reasons. The revocation period commences with the receipt of this revocation instruction in text form, however not before the receipt of product by purchaser and not before our performance of duty of information according to article 312c para. 2 German Civil Code (BGB) in combination with article 1 para. 1 and 2 BGB-InfoV. The time limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to: "Der Motten Shop", Yrsa Bettina Baehr, Eichengrund 7, 90530 Wendelstein, Germany
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the product to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise - as for instance in a retail store. Incidentially you can avoid the obligation to compensate for its value for deterioration caused by putting the product to its intended use, by not using the product as your own and by avoiding everything that reduces its value. Things that can be shipped by parcel are to be returned on our risk. You shall bear the costs of the return shipment if the delivered product complies with the ordered one and if the price of the returned product does not exceed an amount of 40 euros or if in case of a higher product price you have not yet performed the return service or a partial payment contractually agreed at the time of the revocation. Otherwise the costs of returning shall be reimbursed. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. For you the period commences with the despatch of your declaration of revocation or with the despatch of the product, for "Der Motten Shop" with the receipt of the same.
Incidentially - regarding orders of useful animals - the purchaser does not have a right of revocation according to article 312 para. 4 no. 1 German Civil Code (BGB) as due to their condition the offered products are not suitable for a return shipment. The offered products are concerned living creatures that hatch within approx. three days and following have a live period of approx. five days.
Right of revocation only exists for the product: moth traps.
END OF REVOCATION INSTRUCTION