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General terms and conditions

Terms and Conditions (GTC)

 

1. Scope of application

1.1 All orders via our online shop are subject exclusively to the following terms and conditions. The terms and conditions apply regardless of whether you are a consumer, entrepreneur merchant, a legal entity under public law or a public-law special fund.

1.2 General terms and conditions of customers are not part of the contract even if the customer refers to them and we do not expressly object to their inclusion.

 

2. Conclusion of contract, conclusion of contract

2.1 The purchase contract is concluded with MOWIK GmbH.

2.2 The presentation and promotion of items in our online shop does not constitute a legally binding offer to conclude a purchase agreement.

2.3 You only make a legally binding order by submitting an order via the online shop by clicking on the button "Buy Now".

2.4 We will confirm receipt of your order via our online shop immediately by e-mail. In such an e-mail is still no binding acceptance of the order, unless it is in addition to the confirmation of the receipt at the same time the assumption explained. In addition, we may accept your offer until the end of the third working day following the day of the offer.

2.5 A contract is only concluded when we accept your order by a declaration of acceptance or by the delivery of the ordered items.

2.6 If the delivery of the goods ordered by you is not possible, perhaps because the corresponding goods are not in stock, we refrain from accepting a declaration of acceptance. In this case, a contract is not concluded. We will inform you about this immediately and refund any consideration already received.

2.7 We save the contract text and send you the order data and our terms and conditions by e-mail. The terms and conditions can be viewed at any time here on this page. Your past orders are no longer accessible via the Internet for security reasons.

 

3. Ordering process

3.1 As part of the ordering process you first put the desired items in the "shopping cart". There you can always change the desired quantity or completely remove selected products. If you have items deposited there, you can opt for a form of payment by clicking either the "checkout" button or click on the "PayPal Express" button.

3.2 Click on the "Checkout" button to open an overview page where you can check your details, enter your billing address and select the desired method of payment. You can still correct your input errors (for example with regard to payment method, data or the desired number of units) at this point. If you want to cancel the order process completely, you can simply close your browser window. Otherwise, by clicking on the "Buy Now" confirmation button, your declaration becomes binding in the sense of 2.3 of these terms and conditions.

3.3 If you click on the "PayPal Express" button, you will be redirected to the website of the PayPal provider, where you either have to enter further information or log in to your existing PayPal account, from where your details regarding shipping and billing address are taken over become. At the same time - on the website of PayPal - you can end the process by clicking on the "Cancel and return to Mowik GmbH" button and return to the shopping cart. If instead you continue the process with PayPal, you must select the payment source with PayPal and are then returned to the overview page with us, on which you can check your details. You can correct your input errors (for example with regard to the payment method, data or the desired quantity) at this point. If you want to cancel the order process completely, you can simply close your browser window. Otherwise, by clicking the confirmation button "Buy Now" your statement is binding iSd 2.3 of these Terms.

 

4. Terms of delivery; Transfer of Risk

4.1 We deliver only in transit. A pickup of the products is unfortunately not possible. We do not deliver to packing stations.

4.2 The delivery times are approximate values, vary depending on the desired product and are communicated directly to the respective product information. In the case of a delivery abroad, the delivery time stated in the product details may be extended by up to 3 days compared to the stated reference values. Any delivery dates communicated by us are not binding. The customer may ask the seller in writing within five days after exceeding the non-binding delivery date to deliver within a reasonable period of time; Upon receipt of the request, the seller is in default.

Further information on the terms of delivery can be found at https://mowik.de/versand.

4.3 In the event that our supplier does not deliver goods that were "out of stock" on the order form, the relevant delivery period shall be extended until delivery by our supplier plus a period of three working days but not exceeding a period of three weeks, provided that

• We are not responsible for the delay in delivery by our supplier and

• We ordered the goods before the conclusion of the purchase contract in good time, so that under normal circumstances a timely delivery could be expected.

If the goods can not be delivered on time without our fault or despite timely reordering, we are entitled to rescind the purchase contract. We will immediately notify the customer of the unavailability of the goods and, in the event of withdrawal, immediately reimburse him for payments made to us.

4.4 If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for the execution of the shipment.

 

5. Prices

5.1 The price indicated in the articles is binding. The item price includes the statutory sales tax.

5.2 In addition to the item prices shipping costs may arise. Details on the amount of the shipping costs and when a delivery can be free of charge, you can get at https://mowik.de/versand. The price including sales tax and shipping costs will also be displayed in the order form before you submit the order.

 

6. Payment

6.1 In the payment process, you can differentiate between different payment options, which are combined under the headings "PayPal Express" and "Checkout". For the payment via PayPal apply - in addition to our terms and conditions - the terms and conditions of PayPal (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE). Whatever payment options are available to you after selecting the respective button, you will find out about the generic term "Checkout" under 6.2 and regarding "PayPal Express" under 6.3.

6.2 Click on the button "Checkout", the following payment options are available:

Payment on account. The payment method "payment on account" is a PayPal service. To pay the invoice amount, you do not need to be registered with PayPal. After successful address and credit checks and submission of the order, we transfer our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. If you decide in favor of a payment on account, the purchase price and the shipping costs must be paid within two weeks of receipt of our invoice at the latest.

Credit card. The payment method "credit card" is a PayPal service. To pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be processed by your credit card company at the request of PayPal immediately upon confirmation of the payment order and after your legitimacy as a legitimate cardholder, and your card will be charged.

SEPA direct debit. The payment method direct debit is a PayPal service. To pay the invoice amount, you do not need to be registered with PayPal. By confirming the payment order you give PayPal a direct debit mandate. About the date of the account you will be informed by PayPal (so-called Prenotification). Upon submission of the direct debit mandate immediately after confirmation of the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged.

PayPal. If you choose to pay via PayPal, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize yourself with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information will be provided during the payment process.

The payment transaction will be carried out automatically by PayPal immediately thereafter.

PayPal installment. In cooperation with PayPal, we offer the payment method PayPal payment by installments (0% financing) as a payment option from a value of 100.00 EUR, so that it is possible to finance the goods from our online shop. PayPal allows the customer to pay in monthly installments (subject to availability & credit check). The payment method PayPal installment requires a successful credit check by PayPal, which is performed by PayPal in real time. If the customer is allowed PayPal payment by installments after checking the creditworthiness, payment will be processed in cooperation with PayPal, to whom the seller will transfer his payment claim. PayPal will collect the payment claim in its own name. In this case, the customer can only pay to PayPal with a debt-discharging effect. Contract and contact person remains the seller.

Klarna (formerly Sofortüberweisung). After placing the order, you will be redirected to the website of the online provider Klarna. In order to pay the invoice amount via Klarna, you must have an unlocked online banking account with PIN / TAN procedure, legitimize yourself and confirm the payment order to us. Further information can be found during the payment process. The payment transaction will be carried out immediately afterwards by Klarna and your account will be debited.

 

6.3 With PayPal Plus we offer a PayPal feature integrated in our webshop to simplify the ordering process. Click on the button "PayPal Ex-press", you will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal. If you choose a payment method via PayPal Plus, there are no additional costs. The following payment options are available:

PayPal. If you have chosen the payment method PayPal, you have to be registered in order to pay the invoice amount or have to register and legitimize with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed.

Credit card. If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal immediately upon confirmation of the payment order and after your legitimacy as the legitimate cardholder, and your card will be charged.

Debit. If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the payment order you give PayPal a direct debit mandate. You will be informed about the date of the account debit by PayPal (so-called Preno-tification). Upon submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged.

 

7. Retention of title; delay

7.1 The goods remain until full payment of the purchase price and shipping costs in our property.

7.2 In case of breach of contract by you, in particular in case of default in payment or acceptance, we are entitled to take back the goods after a reminder and you are obliged to surrender. If you are in default of acceptance, we are entitled to demand compensation for any additional expenses.

 

8. Warranty; limitation

8.1 Unless otherwise expressly agreed otherwise, the statutory warranty right applies.

8.2 Claims for defects in commercial transactions for the delivery of goods presuppose that the Buyer has duly fulfilled his duties of inspection and notification of defects pursuant to § 377 HGB. Claims for defects in the delivery of goods in all other cases than sentence 1 (including the delivery to consumers) presuppose that the buyer notifies the seller of obvious defects within two weeks of becoming aware of the defect; for non-obvious defects, the statutory limitation period of two years applies.

8.3 Natural wear is in any case excluded from the warranty.

8.4 For the delivery of goods to entrepreneurs, the limitation period for claims for defects is twelve months, calculated from the transfer of risk.

 

9. Transport damage

If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us without delay. The failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

 

10. Liability

10.1 We are liable to you for all damages that are based on intentional or grossly negligent actions on our part, our legal representatives or our agents in accordance with the statutory provisions.

10.2 We shall be liable for damages caused negligently by us, our legal representatives or vicarious agents - insofar as no case of para. 3 exists - only insofar as these are based on a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and whose compliance the contracting party may regularly rely on (so-called cardinal obligations) and limited to the replacement of foreseeable and contract-typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.

10.3 Our liability for damages resulting from injury to life, limb or health, under the Product Liability Act or from the guarantee remains unaffected by the above limitations and exclusions of liability.

 

11. Code of Conduct

We have submitted to the following codes of conduct:

Trusted Shops quality criteria: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf

 

12. Right of withdrawal

 

Cancellation terms

 

Right of withdrawal

As a consumer, i. as a natural person who places the order for a purpose that can not be attributed to your commercial or self-employed professional activity, you have the right to withdraw from this contract within sixty days without stating reasons.

The cancellation period is sixty days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (MOWIK GmbH, Am Pfefferbach 23, 39387 Oschersleben, info@mowik.de) of your decision by means of a clear statement (eg a letter or e-mail sent by post) to revoke this contract. You can use the attached model withdrawal form, which is not required.

To maintain the cancellation period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer.

 

Consequences of the cancellation

If you withdraw from this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the one we offer) Standard delivery), immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

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 the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

We bear the cost of returning the goods from Germany. The costs for returns from abroad are borne by the customer. You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functionality of the goods.

 

Special instructions for withdrawal at installment purchase

 

If you finance this contract through a loan and later revoke it, you are no longer bound by the loan agreement, provided that both contracts form an economic unit. This is especially to be assumed if we are your lender or if your lender uses it to finance our participation. If the loan has already been received by us when the revocation takes effect, your lender acts in relation to you with regard to the legal consequences of the revocation or the return of our rights and obligations under the financed contract. The latter-res does not apply if the present contract relates to the acquisition of financial instruments (such as securities, currencies or derivatives).

 

If you want to avoid a contractual relationship as much as possible, you make use of your right of withdrawal and also revoke the loan agreement, if you also have a right of withdrawal.

 

Model withdrawal form

 

(If you want to cancel the contract, please fill out this form and send it back.)

- To MOWIK GmbH, Am Pfefferbach 23, 39387 Oschersleben, info@mowik.de

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) / received on (*)

- name of the consumer (s)

- address of the consumer (s)

- Signature of the consumer (s) (only when notified on paper)

- date

(*) Delete as appropriate.

 

13. Privacy

13.1 We comply with data protection laws and process personal data only if permitted by law.

13.2 Further information on how we handle your personal data can be found in our privacy policy at https://mowik.de/datenschutz.

 

14. Waste Oil Ordinance

14.1 According to the Waste Oil Ordinance, we are obliged to take back used combustion engine oils, gear oils, oil filters and oil-containing waste regularly produced during oil changes free of charge. The quantity is limited to the quantity purchased from us.

The place of return is our registered office:

MOWIK GmbH

Phone: +49 (0) 391 50547990 (Mon-Fri, except public holidays from 10 a.m. to 6 p.m. at the fixed network rate)

E-mail: info@mowik.de

Web: www.mowik.de

Please send us the used oils or the like packed accordingly by post. Please note that special transport conditions may apply to used oils, as oils are classified as hazardous goods. The resulting costs are to be borne by you.

If you are a commercial end user, we would like to point out that we can use third parties to fulfil our acceptance obligations towards you.

15. Battery law

15.1 The crossed out dustbin on batteries and accumulators means that they must not be thrown into the household waste. If under this symbol additionally one of the chemical symbols "Pb" is shown: battery contains lead, "Cd": battery contains cadmium or "Hg": battery contains mercury, this generally means that this metal is contained in the battery and its legal limit value is exceeded.

Batteries must not be disposed of with household waste. They may contain harmful substances that can harm the environment and health. As a consumer, you are legally obliged to dispose of batteries at a suitable collection point in the trade or in your municipality. The delivery is free of charge for you, only the transportation costs are to be borne by you. All batteries will be reused. In this way, valuable raw materials can be recovered and the environment and health protected at the same time. Due to the Hazardous Goods Ordinance, it is not possible to return the old battery during shipping. For this reason, the end user can return the battery free of charge to the municipal collection points.

16. Final provisions

16.1 The law of the Federal Republic of Germany applies as agreed, including for deliveries abroad. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence ,

16.2 Collateral agreements require at least the text form to be effective (letter, fax, e-mail).

16.3 Place of fulfillment and jurisdiction for all disputes arising from this contract, our place of business, as far as the customer is a merchant, legal entity of public law or special fund under public law. The same applies if the customer has no place of jurisdiction in Germany or domicile or habitual residence at the time the complaint is not known.

 

As of: February 12, 2019.