Terms and conditions

 

GTC

Contractual terms and conditions within the framework of purchase contracts concluded via the mbg-amberroom.com platform between MBG International Premium Brands GmbH, Oberes Feld 13, 33106 Paderborn, Germany, and MBG International Premium Brands GmbH, Oberes Feld 13, 33106 Paderborn, Germany.

- hereinafter referred to as 'Provider' - and the customers designated in § 2 of the contract - hereinafter referred to as 'Customer'.

  • 1 Scope of application, definitions
    The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity. The provider does not accept orders from customers who have not yet reached the age of 14.

  • 2 Conclusion of contract
    The presentation of goods in the online store does not constitute a legally binding contractual offer, but merely a non-binding invitation to the customer to order goods from the provider. Errors excepted.

By sending the order by clicking on the "Buy now" button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. Acceptance of the offer by the supplier is effected by delivery of the goods.

The automatically generated e-mail order confirmation sent to the e-mail address provided by the customer does not constitute acceptance of the offer, but merely documents that the order has been received by the provider.

The supplier is free not to accept online orders. If the provider does not execute an order, it shall inform the customer accordingly.
When ordering via the online store, the ordering process comprises the following steps:

  • Selection of the desired goods and their quantity and confirmation by clicking on the button
  • Checking the details in the shopping cart
  • Click on the "Checkout" button
  • Login to the online store as a guest or registered customer of the customer's choice and entry of personal data or registration/entry of login details (e-mail address and password) and personal data
  • Select the desired payment method and confirm by clicking the "Continue" button
  • Re-check or correct the following data entered: items ordered and their quantity, estimated delivery time, itemized list of costs
  • After confirming the terms and conditions and the cancellation policy, binding submission of the order by clicking the "Buy now" button

The customer's order is saved by the provider. It can be retrieved by the registered customer at any time after completion of the order process by clicking on the "Customer account" button. In addition, the provider sends the customer an order confirmation with all order data and the provider's general terms and conditions to the e-mail address provided by the customer.

  • 3 Delivery, shipping, payment
    The supplier delivers in Germany to the delivery address specified by the customer in his order. Should the supplier incur additional costs due to incomplete or incorrect address details provided by the customer, in particular additional shipping costs, these are to be reimbursed by the customer. Information on the availability and delivery time of the goods can be found on the website or the respective product detail page. The standard delivery time is 1-5 working days after receipt of payment. However, the delivery time may vary depending on the item and can be found on the item page. However, the provider points out that all information on availability, delivery time/shipping or delivery of a product are only estimated information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective goods. If the supplier discovers during the processing of the order that the goods ordered by the customer are not available, the customer will be informed by e-mail. If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier does not fulfill its contractual obligations, the provider is entitled to withdraw from the contract with the customer. In this case, the customer shall be informed immediately that the ordered product is not available. If the customer has already paid a consideration, this will be refunded immediately in the event of withdrawal by the supplier to the extent of the unavailable goods. The customer's statutory claims remain unaffected.
  • 4 Retention of title
    The delivered goods remain the property of the supplier until full payment has been made.
  • 5 Prices and shipping costs
    The prices stated on the provider's website are final prices plus shipping costs. All prices stated on the provider's website include the applicable statutory value added tax. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. Where possible, the goods shall be dispatched by post or courier
  • 6 Payment modalities
    The customer can pay by the following methods: Paypal, credit card, Apple Pay, Google Pay.

The customer can change the payment method saved in their user account at any time.

If the customer defaults on payment, the provider reserves the right to charge the customer reminder fees. In all other respects, the statutory provisions concerning the consequences of default in payment shall apply. The customer may only exercise a right of retention against the provider if his claims result from the same contractual relationship. The customer is only permitted to offset counterclaims that have been legally established, are undisputed or have been recognized in writing by the provider.

  • 7 Liability
    Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or 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, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health. The limitations 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.
The provisions of the Product Liability Act remain unaffected.

  • 8 Notes on data processing
    Data protection is particularly important to us. You will therefore find our data protection declaration under a separate button on our homepage.
  • 9 Final provisions
    The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory provisions or the protection granted by the law of the respective country of residence shall remain in force and shall apply accordingly.

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. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
The contract language is German.

Right of withdrawal 
You have the right to withdraw from this contract within 30 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, took possession of the goods. To exercise the right to cancel, you must inform us (MBG International Premium Brands GmbH, Oberes Feld 13, 33106 Paderborn, phone: +4952515461437, e-mail: shop@mbgglobal.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use our withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. 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 their condition, properties and functionality.