1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Return Shipping Charges when Exercising the Right of Revocation
5. Prices and Payment Conditions
6. Shipment and Delivery Conditions
7. Liability for Defects
8. Applicable Law, Court of Jurisdiction, Contractual Language
9. Information about online dispute resolution
1. Information on the Seller’s Identity
2. Information on the Significant Characteristics of the Goods or Services
3. Information on the Conclusion of the Contract
4. Information on Payment and Delivery
5. Information on Technical Steps leading to the Conclusion of the Contract
6. Information on Storing the Wording of the Contract
7. Information on the Technical Tools for Recognizing and Correcting Input Errors
8. Information on Codes of Conducts to which the Seller subscribed
1.1 These Terms and Conditions of mable – Katja Heidrich (hereinafter referred to as “Seller”) shall apply to all contracts concluded between the consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller relating to all goods and/or services presented by the Seller in his online shop. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 For the purpose of these General Terms and Conditions, consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. For the purpose of these General Terms and Conditions, entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2.1 Product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
2.2 The Customer may submit the offer in writing, by fax, e-mail or by the online order form integrated into the Seller’s online shop. When placing the order using the online order form, the Customer submits a legally binding offer of contract for the goods in the online shopping basket after entering its personal data and by clicking the button “place order” during the final step of the ordering process.
2.3 The Seller may accept the Customer’s offer by a written (letter) or electronically transmitted (e-mail) order confirmation, or by delivering the goods within five days. The Seller reserves the right to refuse the order.
2.4 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer’s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
The Consumer has a right to cancel. Further details regarding the right to cancel can be found in the Seller’s instructions for cancellations.
We offer free returns to our customers from the United Kingdom, the United States, Switzerland and all other countries in the European Union.
5.1 All prices indicated by the Seller are final prices and include the German legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
5.2 For deliveries within Germany the Seller offers the following payment options, unless otherwise specified in the respective product description:
5.3 If international dispatch is additionally offered for the respective product, the Customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description:
5.4 For deliveries to countries outside the European Union, additional costs may arise for individual cases that the Seller is not responsible for and which are to be borne by the Customer – such costs may be cost for money transfers by credit institutions (e.g. transfer and exchange fees) or duties and taxes (e.g. customs duties).
5.5 If prepayment has been agreed upon, payment shall be due immediately upon contract conclusion.
6.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated during the Seller’s order processing shall be applicable.
6.2 Should the transport company return the goods back to the Seller due to the fact that delivery to the Customer has not been possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer by refusing the acceptance exercises his/her right of revocation, if he/she is not responsible for the reason causing the impossibility of delivery or if he/she has been temporarily impeded to receive the offered goods/service, unless the Seller has notified the Customer the Customer for a reasonable time in advance about the service.
Statutory liability for defects shall be applicable.
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his/her habitual residence.
8.2 Provided that the Customer is a merchant, a legal entity as defined by public law, or a special fund under public law established in the territory of the Federal Republic of Germany, the exclusive venue for any disputes arising from this contract shall be the Seller’s business location. If the Customer’s domicile is located outside the territory of the Federal Republic of Germany, then the Seller’s business location shall be the exclusive venue for any disputes arising from this contract, provided that the contract or claims under this contract can be attributed to the professional or commercial activity of the Customer. In any event is the Seller in the above cases entitled to take legal action at the court having jurisdiction for the Customer’s location.
8.3 Contractual language is German.
The EU Commission provides on its website the following link to the ODR platform:http://ec.europa.eu/consumers/odr/. This platform shall be a point of entry for out-of-court resolutions of disputes arisingfrom online sales and service contracts concluded between consumers and traders.
Chief Executive Officer: Katja Heidrich
Sales Tax Identification Number: DE 289215283
Tel.: +49 174 75 89 219
E-Mail: [email protected]
The significant characteristics of the goods or services result from the respective product description presented by the Seller.
The contract shall be concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the General Terms and Conditions of the Seller (see above).
The contract is concluded by offer and acceptance.
5.1 If the Customer uses the Seller’s online order form for his/her order, he/she submits his/her order as follows:
5.1.1 On the Seller’s web page where the range of products is presented, the Customer in the first step clicks the “To shopping bag” button. A new page then opens displaying the contents of the shopping bag.
5.1.2 The Customer in the second step then, or after he/she placed other goods into the virtual shopping bag, clicks on the “Proceed to Checkout” button. Has the Customer not yet been registered or logged in, a new page opens. On this page and as intermediate step, the Customer needs to either register and open a customer account, or login
if he/she is already registered as a Customer. If he/she already is a registered Customer, he/she fills in the “Your e-mail address” and “Your password” fields and afterwards clicks the “Login” button. If he/she is not yet a registered Customer, he/she enters his/her e-mail address and clicks the button “Register”. He/she then completes the form and clicks the “Proceed” button. A new page then opens, which gives the possibility to specify a different delivery address.
5.1.3 Then the Customer either immediately or after editing or adding addresses clicks the button “Proceed”.
5.1.4 A new page opens where the Customer in the next step may select the desired payment method by clicking the respective button.
5.1.5 In the next step the Customer clicks the button “Continue”. A new page then opens which summarizes the order information.
5.1.6 In the last step the Customer clicks on the “Place order” button.
5.2 Acceptance by the Seller is effected in accordance with Section 2.3 of the General Terms and Conditions of the Seller (see above).
The contract text is stored by the Seller and sent to the Customer after dispatch of the order in addition to the General Terms and Conditions and Customer Information in writing (e.g. e-mail or letter). In addition, the contract text is archived on the Seller’s website and can be recalled free of charge by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller’s online shop before dispatching his/her order.
Prior to the binding submission of the order, the Customer may continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window prior to the binding submission of the order and may be corrected there using the standard keyboard and mouse functions.