General Terms and Conditions of Business
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with McGillwell-Shop.com - owner Manfred Sigmann.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACTUAL LANGUAGE, STORAGE OF CONTRACTUAL TEXT
The language(s) available for the conclusion of the contract: German, English.
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the text of the contract in our customer login.
4. DELIVERY CONDITIONS
Shipping costs will be added to the indicated product prices. You will find more details about the shipping costs in the offers.
In principle, you have the option of collecting the goods from McGillwell-Shop.com - Inh. Manfred Sigmann, Lorenz-Görtz-Str., 39, Mönchengladbach, Germany during the following business hours: by prior arrangement.
We do not deliver to packing stations.
In our shop, the following methods of payment are generally available to you:
If you choose payment in advance, we will inform you of our bank details in a separate e-mail and deliver the goods after receipt of payment.
During the order process 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 register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
Credit card via PayPal
If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process.
Direct debit via PayPal
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
Invoice via PayPal
Cash payment upon collection
You pay the invoice amount in cash upon collection.
6. RIGHT OF REVOCATION
You are entitled to the statutory right of cancellation as described in the cancellation policy.
7. RETENTION OF TITLE
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
The statutory liability for defects applies. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de [http://www.universalschlichtungsstelle.de].
11. FINAL PROVISIONS
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
AGB [https://shop.trustedshops.com/de/rechtstexte/] erstellt mit dem Trusted Shops [https://shop.trustedshops.com/de/] Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte [https://foehlisch.com].