Terms of Service
Standard Business Terms and customer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you make with us as a provider (Motivational GmbH) close via the website https://www.skullcap-helmets.com. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the setting of each product on our website we will submit a binding offer to conclude a contract on the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Immediately) as payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "buy" you declare legally binding the acceptance of the offer, whereby the contract comes about.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Special agreements for offered payment methods
(1) Payment via Klarna Checkout
In cooperation with Klarna we offer the following payment options. Payment is made to Klarna:
- Klarna invoice: Payable within 14 days of the invoice date. The invoice will be issued when the goods are dispatched and sent by email. You can find the invoice conditions here.
- Klarna installment purchase: With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6,95). You can find more information on Klarna hire purchase including the general terms and conditions and the standard European information for consumer loans here.
- Credit card (Visa / Mastercard)
- Debit (Klarna)
§ 4 Right of Retention, Retention of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 warranty
(1) There are statutory liability for defects.
(2) As a consumer, you will be asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
1. Identity of the seller
Telephone: 0731 493 919 60
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, treaty text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, eg by e-mail, which you can print or electronically save.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and, as a result, the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Price and Payment Methods
6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
6.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7. Delivery terms
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
8. Statutory warranty rights
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.
last update: 23.10.2019