GTC

§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier(Das Futtersilo e.K.) via the Internet site
mixerama.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of
used by you.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that
predominantly cannot be attributed to either his/her commercial or 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 or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.
(3 ) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar
and make changes there at any time.
After calling up the "Checkout" page and entering the personal data and the payment and shipping conditions, the order data will finally be displayed to you as an order overview at
.
If you choose an instant payment system (e.g. PayPal / PayPal Express) as the payment method, the order will be processed immediately.If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will be redirected
either to the order overview page in our online shop or to the website of the instant payment system provider
.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop
.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also
via the "back" function of the Internet browser) or cancelling the order. cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation),
you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out
via e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the
online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications, if any, regarding
file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name,
trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this
context. This also applies to the costs of legal representation required in this context.
§ 4 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.
Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the dispatch of the goods/ticket/ or, in the case of other services, the
provision of the service. The complete invoice conditions for the countries in which this payment method is available
can be found here: Germany, Austria.
Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the
order.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit assessment. In this respect
we forward your data to Klarna within the scope of the purchase initiation and processing of the purchase contract for the purpose of the address and
credit check. Please understand that we can only offer you those payment methods that are permissible based on the
results of the credit check.
You can find more information and Klarna's terms of use here. General information about Klarna can be found here. Your
personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified
in Klarna's privacy policy.
For more information about Klarna, click here. You can find the Klarna App here.
(2) SEPA Direct Debit (Basic and/or Company Direct Debit)
If you pay by SEPA Basic Direct Debit or SEPA Company Direct Debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate to
.
The direct debit will be collected within 14 days of the conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged
to ensure that there are sufficient funds in your account on the due date. In the event of a return debit note due to your
fault, you shall bear the bank charge incurred.
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3 ) If you are an entrepreneur, the following applies in addition:
a) We retain ownership of the goods until all claims from the current business relationship
have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount
of the invoice amount accruing to you from the resale, and we accept the assignment. You are further authorised to collect the claim
. However, insofar as you do not properly meet your payment obligations, we reserve the right
to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value
of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our
securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this,
this will not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us prior to
submission of the contractual declaration and the deviation was expressly and separately agreed
between the contracting parties.
(4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not
other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectifying the defect or making a subsequent delivery. If the rectification of defects fails,
you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second
attempt, unless something
else arises in particular from the nature of the goods or the defect or the other circumstances. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a
location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence
;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness
;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the consumer of the protection granted by mandatory provisions of the law
of the state of the consumer's habitual residence (favourability principle).
(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 insofar as 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 domicile or usual
place of residence is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction
.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Das Futtersilo e.K.
Nauener Str. 111
14612 Falkensee
Germany
Phone: 033224333783
E-mail: info@mixerama.de
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr.
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the
regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3.1. the contract language is German .
3.2. the complete contract text will not be stored by us. Before sending the order via the online shopping basket system
, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the
order by us, the order data, the legally required information for distance contracts and the General
Terms and Conditions will be sent to you again by e-mail.
4.1. we have subjected ourselves to the buyer's seal quality criteria of the Händlerbund Management AG, which can be viewed at
under: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
The essential characteristics of the goods and/or services can be found in the respective offer.
6.(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.
6.2 The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on
of our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by
, unless free delivery has been promised.
6
.3 If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as
, e.g. 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 Money transmission costs incurred (bank transfer or exchange rate fees) are to be borne by you in cases
where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The methods of payment available to you are shown under a correspondingly designated button on our
website or in the respective offer.
6.6 Unless otherwise stated for the individual methods of payment, the payment claims arising from the contract concluded are due for payment immediately
.
7.
1. the terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold
during shipment does not pass to you until 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 a person otherwise designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise 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 the
case of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.

last update on 01.01.2022