General Terms And Conditions
1. scope of application
1.1 Contractual partner of all contracts concluded via Dr. Mosetter Prinzip - falcento-shop:
Dr. Mosetter Prinzip Falcento GmbH
Managing directors: Dr. med. Kurt Mosetter, Reiner Mosetter
Obere Laube 44
78462 Konstanz, Germany
Phone: +49 7531 – 7141 - 400
Commercial register no. HRB 712934
Commercial Register Baden-Württemberg
Local Court Freiburg
1.2 These General Terms and Conditions (hereinafter referred to as "GTC") of Falcento GmbH (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer, entrepreneur or merchant (all hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online shop.
1.3 The customer is a consumer if the purpose of the order can be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.4 These General Terms and Conditions shall apply exclusively to all offers, purchase contracts and agreements made in connection with orders in the Dr. Mosetter Prinzip - falcento-shop. The Seller hereby expressly objects to the inclusion of the Customer's own terms and conditions of purchase and other terms and conditions relating to the order. Agreements deviating from, contradicting or supplementing these General Terms and Conditions shall only apply if - and to this extent only for the individual case concerned - they have been confirmed in writing by the Seller at the time of conclusion of the contract. This confirmation requirement shall apply in any case, for example even if the seller makes the delivery to the customer without reservation in the knowledge of the customer's terms and conditions of purchase.
2. Conclusion of contract
2.1 The product descriptions contained in the Dr. Mosetter Prinzip - falcento-shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the "buy" button that concludes the ordering process. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking the checkbox "I have read the GTC and hereby accept them." and has thereby included them in his application.
2.3 The Seller shall immediately confirm receipt of the Customer's order placed via its online shop by e-mail. This e-mail merely documents that the seller has received the customer's order and does not constitute acceptance of the application.
2.4 The contract shall only be concluded after acceptance by the seller. Acceptance is effected by the seller
- sends the customer an order confirmation on a durable medium (in writing, by fax or e-mail) or
- delivers the ordered goods to the customer.
2.5 If the delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, the seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. The seller will inform the customer of this immediately and refund any consideration already received without delay.
3. right of withdrawal
3.1 If the customer is a consumer (cf. Clause 1.3), he shall be entitled to a statutory right of revocation with the exception of the cases mentioned in Clause 3.4.
3.2 If the customer makes use of the right of revocation according to section 3.1, he shall bear the regular costs of the return shipment.
3.3 In all other respects, the regulations which are reproduced in detail in the following apply to the right of revocation:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Dr. Mosetter Prinzip – Falcento GmbH
Obere Laube 44
78462 Konstanz, Germany
Phone: +49 7531 7141 - 400
by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
3.4 The right of withdrawal does not apply to distance contracts
(a) for the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs
(b) for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
(c) for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature
(d) for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded
3.5 The customer may - but is not obliged to - use this model withdrawal form for the withdrawal: Download
4. Prices, shipping costs and terms of payment
4.1 All prices in the Dr. Mosetter Principle - falcento-shop are gross prices including the statutory value-added tax and do not include shipping costs.
4.2 Discounts and price reductions granted by the Seller, for example in the context of promotions, cannot be combined. If several discounts and price reductions come into consideration, only the discount or price reduction most favourable to the customer shall apply. The seller may exceptionally allow a combination of different types of discounts and price reductions; this only applies to possible combinations that are expressly stated as permissible by the seller in the context of the discount or price reduction promotion.
4.3 The shipping costs incurred are indicated separately in the respective product descriptions. From an order value of EUR 150.00 for shipping within Germany and EUR 250.00 for shipping to other EU countries, the shipping costs are waived. The price including VAT and applicable shipping costs is also displayed in the order mask before the customer submits the order.
4.4 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.5 The customer may choose from various payment options, which are available for selection in the seller's online shop under "Payment methods" when placing the order. Payment of the purchase price is due immediately upon conclusion of the contract.
5. Delivery and shipping conditions
5.1 The delivery period for deliveries within Germany is approx. 4 - 8 working days, unless otherwise agreed. For deliveries abroad, the delivery periods may differ (delivery periods will be communicated on request). The delivery period begins with payment of the purchase price (except in the case of purchase on account; there with order confirmation). However, the seller only owes the timely proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company.
5.2 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.3 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice of the service.
5.4 The seller is entitled to make partial deliveries, insofar as this is reasonable for the customer. In this case, the customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at the request of the customer, the seller shall charge shipping costs for each partial delivery.
5.5 In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, the seller reserves the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If the seller makes use of the reservation of advance payment, he will inform the customer immediately. In this case, the delivery period shall commence upon payment of the purchase price and the shipping costs.
6. Set-off and right of retention
6.1 The customer is not entitled to set off claims against the seller's claims unless his counterclaims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract or the declared revocation of the purchase contract.
6.2 The customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
7. Retention of title
7.1 The delivered goods remain the property of the seller until the purchase price has been paid in full. While the retention of title exists, the customer may not sell the goods (hereinafter: “reserved goods”) or otherwise dispose of ownership thereof.
7.2 If third parties - in particular by bailiffs - access the reserved goods, the customer will point out that the goods are owned by the seller and notify him immediately so that he can enforce his property rights.
7.3 If the customer behaves in breach of contract, in particular if payment is delayed, the seller is entitled to demand return of the reserved goods provided that the seller has withdrawn from the contract.
8. Liability for defects/warranty
8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
8.2 Claims for damages by the customer due to obvious material defects in the delivered goods are excluded if the customer does not notify the seller of the defect within two weeks of delivery of the goods.
8.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
9.1 The seller is liable for damages, regardless of the legal basis, only - and this also applies if the seller has employed senior employees or vicarious agents - if:
(a) the seller is guilty of gross negligence or intent,
(b) the seller fraudulently concealed a defect or assumed a guarantee for the quality of the delivery item.
(c) the seller negligently or intentionally caused damage to life, health or body; as well as if
(d) the seller has negligently or intentionally violated so-called cardinal obligations, i.e.
(1) in the event of significant breaches of duty that endanger the achievement of the purpose of the contract,
(2) in the event of a breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer can regularly rely (“cardinal obligations”).
Unless otherwise agreed in these General Terms and Conditions, all claims by the customer for compensation for damages of any kind, including claims for reimbursement of expenses and indirect damages, are excluded.
9.2 In the case of Section 9.1.(d) of these General Terms and Conditions, however, in the event of only slight negligence, the seller's liability is limited to compensation for the foreseeable, typically occurring damage.
9.3 The limitations of liability regulated above do not apply to claims arising from the Product Liability Act. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
10. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
11. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business, Konstanz. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office. Otherwise, the applicable legal provisions apply to local and international jurisdiction.
12. Information on dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. We do not take part in this dispute resolution process.