General Terms and Conditions of Sale
Scope of application
These terms and conditions apply to all purchases from Rolf Thiel e.K. missing-pen [https://www.missing-pen.com/imprint] made by private customers.
Private customers in this sense are persons with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represents a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you have provided.
Prices and shipping costs
The prices shown do include VAT. The amount shown in the shopping cart at the time of the binding order applies. Shipping costs are added, depending on the shipping method and the size and weight of the item(s) you have ordered.
Payment
Payment is made upon delivery by means of
- Apple Pay
- credit card
- Giropay
- Paydirekt
- PayPal
- KlarnaDefault of payment
If you are in default of payment, Rolf Thiel e.K. missing-pen shall be entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Rolf Thiel e.K. missing-pen can prove that it has incurred higher damages due to default, Rolf Thiel e.K. missing-pen shall be entitled to claim these.
Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- worldwide
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, Rolf Thiel e.K. missing-pen's obligation to perform shall be excluded. Rolf Thiel e.K. missing-pen shall reimburse any amounts already paid without delay.
(3) Rolf Thiel e.K. missing-pen can also refuse performance if this requires an effort that is grossly disproportionate to the Customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Rolf Thiel e.K. missing-pen shall reimburse any amounts already paid without delay.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. Rolf Thiel e.K. missing-pen expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
Defect rights
(1) Rolf Thiel e.K. missing-pen will, at the customer's discretion, replace a defective product (warranty case) with a defect-free one or have it professionally repaired (supplementary performance) at the expense of Rolf Thiel e.K. missing-pen. The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:a) in the event of damage caused by misuse or improper use by the customer,
b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Rolf Thiel e.K. missing-pen shall not be liable for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the Customer (replacement delivery or repair) requires an effort which, in view of the product price, is grossly disproportionate to the Customer's interest in performance, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the Customer must be taken into account - the Customer's claim shall be limited to the other type of supplementary performance in each case. The right of Rolf Thiel e.K. missing-pen to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.(4) Both in the case of repair and in the case of replacement delivery, the Customer shall be obliged to send the product to the return address specified by Rolf Thiel e.K. missing-pen at the latter's expense, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. Rolf Thiel e.K. missing-pen is not obliged to inspect the product for the installation of such objects. Rolf Thiel e.K. missing-pen shall not be liable for the loss of such objects, unless it was readily apparent to Rolf Thiel e.K. missing-pen upon return of the product that such an object had been inserted into the product (in this case Rolf Thiel e.K. missing-pen shall inform the Customer and hold the object ready for the Customer to collect; the Customer shall bear the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the system software on the product, the applications and all data on a separate data carrier and deactivate all passwords. No liability is accepted for loss of data. It is also the customer's responsibility to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned to him. (5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for lost value shall also not apply to the return of a defective product in the event of a warranty claim,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or transformation,
b) if Rolf Thiel e.K. missing-pen is responsible for the deterioration or destruction or if the damage would also have occurred at Rolf Thiel e.K. missing-pen,
c) if the deterioration or loss has occurred at the Customer's premises, although the Customer has exercised the diligence that he is used to applying in his own affairs.(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which shall be governed by the corresponding guarantee conditions.
(9) The statutory warranty of Rolf Thiel e.K. missing-pen ends two years after delivery of the goods. The period begins with the receipt of the goods.
Applicable law
The contract concluded between you and Rolf Thiel e.K. missing-pen shall be governed exclusively by the laws of the Federal Republic of Germany, to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your statements when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Germany.Dispute resolution
General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.