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General terms and conditions (GTC) and consumer information within the framework of sales contracts that are concluded via this webshop between Mundus Fluid AG - hereinafter referred to as "provider" - and the customer - hereinafter referred to as "customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these GTC, the following General Terms and Conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Conflicting terms and conditions of the customer expressly do not apply unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity.
§ 2 conclusion of contract
(1) All offers in the provider's webshop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider has received the customer's order, the customer first receives a confirmation of receipt of his order by the provider, usually by email (order confirmation). The order confirmation does not yet represent the acceptance of the order. The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.
The ordering process in the provider's web shop works as follows:
(2) The customer can select products from the supplier's range and collect them in the shopping cart using the "Order now" or "Add to cart" buttons. With the button "Submit order" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(3) The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the webshop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The quality of the goods ordered results from the product descriptions in the web shop. Images in the web shop serve only as illustrative material and may differ from the product. All information about the product, weight, dimensions and performance description are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the provider.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this in an order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in an order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(5) If the delivery of the goods fails despite three delivery attempts, the provider can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
§ 4 retention of title
If the customer is a consumer, the goods purchased by the customer remain the property of the provider until full payment has been made.
If the customer is an entrepreneur, the goods purchased by the customer remain the property of the provider until all claims from the business relationship have been settled in full.
§ 5 delivery, prices, shipping costs
(1) The provider only delivers within Germany.
(2) Delivery (delivery to the shipping company) usually takes place within one week of receipt of payment, provided the customer has chosen the payment method in advance, or within one week of receipt of the order for all other payment methods.
(3) All prices stated on the provider's website include the applicable statutory value added tax.
(4) The shipping costs are not included in the purchase price, are to be borne by the buyer and are shown in the order form.
(5) The amount of the shipping costs can be found in the shipping information under the link Shipping costs in the lower side of the web shop or the respective offer.
(6) For deliveries to countries outside the European Union, additional taxes, duties or fees may be incurred which are not paid by us or invoiced by us, but are to be paid by the buyer to the responsible customs or tax authorities. Please ask the responsible customs or tax authorities for details before ordering.
§ 6 Terms of payment, offsetting and right of retention
(1) The customer can make the payment by direct debit, advance payment (advance transfer), PayPal, credit card or SOFORT transfer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(3) When paying by direct debit, the customer may have to bear any costs that arise as a result of a reverse booking of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details. The account is debited before the ordered goods are shipped
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(5) The customer can only offset counterclaims that have been determined by a court, are undisputed or have been recognized in writing by the provider. The customer can only exercise a right of retention if the underlying claims arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in an order confirmation for the respective article.
§ 8 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents .
(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer's claims for damages arising from injury to life or body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are liability for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer can regularly rely.
(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 right of withdrawal of the consumer
Consumers are entitled to a right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
- Right of withdrawal -
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (Mundus Fluid AG, Am Hövel 12, 49439 Mühlen, Tel .: +49 (0) 5492 970 850, Fax: +49 (0) 5492 970 888, E-Mail: info @ mundusfluid .de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 to check the nature, properties and functionality of the goods.
- End of revocation -
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, as well as for the delivery of goods that are quick can spoil or whose expiration date would be exceeded quickly
The right of withdrawal expires prematurely with the delivery of goods that are unsuitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, as well as with delivery of goods, if they are inseparable after delivery due to their nature mixed with other goods
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To Mundus Fluid AG, Am Hövel 12, 49439 Mühlen, Fax: +49 (0) 5492 970 888, E-Mail: firstname.lastname@example.org
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Please delete inapplicable.
§ 10 transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain to the deliverer immediately and to contact the provider as soon as possible:
Mundus Fluid AG
Am Hövel 12
Tel. 05492 - 970 850
(2) Failure to make a complaint or to contact us has no consequences for the customer's statutory warranty rights. However, they help the provider to assert their own claims against the carrier or the transport insurance.
§ 11 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He observes the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of teleservices. The customer can revoke a given consent to the use of his data at any time by sending an e-mail to email@example.com.
(2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market research or opinion polls. The customer agrees that the shop operator may write to him for the purpose of opinion research, but only for purposes related to the shop.
(3) The customer has the option at any time to call up the data he has saved under the link »My Account« and to change it. The customer can request the deletion of his data by emailing firstname.lastname@example.org. In addition, with regard to the consent of the customer and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time via the link “Data protection”.
§ 12 operator of the web shop
Mundus Fluid AG
At the Hövel
Phone: 05492 - 970 850
E-mail: info @ mundusfluid.de
Board of Directors: Frederik Kiene
Information on online dispute resolution:
The European Commission provides consumers with an internet platform for online dispute resolution (OS). You can reach the OS platform at https://webgate.ec.europa.eu/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 13 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.