GTC
General terms and conditions of business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (lubar GmbH) via the website www.cheapmondo.com. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use.
Any conflicting prohibition of assignment is hereby expressly contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding offer to buy (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before submitting your order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order via the button "order subject to payment" you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship. You shall only be entitled to set-off if the counterclaims are undisputed or have been legally established.
(2) The goods remain our property until the purchase price has been paid in full.
You are revocably authorized to resell the goods. Claims for payment of the purchase price arising from the resale are hereby assigned to us.
If a current account relationship exists in accordance with § 355 HGB (German Commercial Code), the assignment in advance shall also refer to the acknowledged balance.
Any processing or transformation of the purchased item by you shall always be carried out for us.
If the object of sale is processed or combined with other objects not belonging to us, we shall acquire co-ownership of the new object in proportion to the value of the object of sale to the other processed objects at the time of processing.
If the object of purchase is mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in proportion to the value of the object of purchase to the other mixed objects at the time of mixing. If your item is to be regarded as the main item, you must transfer proportional co-ownership to us.
(3) To assert the reservation of title, it is not necessary to withdraw from the contract, unless you are a consumer.
§ 4 Assignment
(1) We are entitled to assign the claims arising from our business relationship.
(2) Our claims against certain customers are assigned to BFS finance GmbH, Verl. In this case, payments can only be made to BFS finance GmbH with debt discharging effect. The bank details can be found in the note on the invoice.
§ 5 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the forwarding agent Beans.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. 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 of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
________________________________________
§ 7 Miscellaneous
1. identity of the seller
lubar GmbH
Linkstrasse 30
59519 Möhnesee
Germany
Phone: 0049-2924-8786451
e-mail: info@cheapmondo.com
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS Platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out according to the regulations "Conclusion of the contract" of our General Terms and Conditions.
3. contract language, contract text storage
3.1 Contract language is German.
3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or service
The essential characteristics of the goods and/or services are to be found in the respective offer.
5. prices and terms of payment
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They can be called up via an appropriately marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3 The payment methods available to you are shown under a correspondingly marked button on our website or in the respective offer.
5.4 In the event of default with more than one liability, the entire claims against you are immediately due for payment.
6. terms of delivery
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions.
These General Terms and Conditions have been drawn up by the lawyers of the dealer association specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 24.03.2020