1. Scope

1.1. The following general terms and conditions govern the contractual relationship between MWS Import Export GmbH (A- Deli ) and customers who place orders in the A- Deli online shop . A- Deli is a trademark registered with the German Patent and Trademark Office (DPMA) with which the MWS Import Export GmbH online shop is sold and is not a company. The A- Deli brand belongs to MWS Import Export GmbH.

MWS Import Export GmbH does not accept any deviating general terms and conditions of the customer unless MWS Import Export GmbH has expressly agreed to their validity.

1.3. Both consumers and entrepreneurs are considered customers. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, pursues his or her commercial or independent professional activity.

1.4. The deliveries, offers and services of MWS Import Export GmbH are carried out exclusively on the basis of these General Terms and Conditions.

 

  1. Conclusion of contract

2.1. The products presented in the online shop do not constitute legally binding offers to conclude a purchase contract. They are a non-binding invitation to the customer to order goods in the online shop.

2.2. By clicking the button “Order with payment”, the customer submits a binding purchase offer.

2.3. After receipt of the purchase offer, the customer will immediately receive an email in which MWS Import Export GmbH confirms that the customer’s order has been received (order confirmation). This order confirmation does not constitute acceptance of the purchase offer. A contract is not concluded by the order confirmation.

2.4. The purchase contract for the goods is only concluded when MWS Import Export GmbH expressly declares acceptance of the purchase offer (order confirmation) or when MWS Import Export GmbH sends the goods to the customer without a prior express declaration of acceptance.

2.5. All products and items are sold only in household quantities.

 

  1. Contract language

The contract language is German.

 

  1. Legal right of withdrawal

Any customer who is a consumer is entitled to cancel the contract and return the goods in accordance with the following cancellation policy.

 

CANCELLATION POLICY

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must contact us (MWS Import Export GmbH , Großmarkthalle München, Stand 13-15, Schäftlarnstr . 10 , 81371 Munich, info@mws-muenchen.de , Telephone: 089/76701556) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us or to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

– for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

– for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

– for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;

– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

END OF THE CANCELLATION POLICY

 

  1. Prices

The prices stated on the product detail pages include VAT, unless otherwise stated in the respective product description. Prices are stated in euros. Any additional delivery and shipping costs are stated separately in the respective product description.

 

  1. Delivery

6.1 The goods will be delivered to the delivery address specified by the customer, unless otherwise agreed.

6.2. In the case of advance payment, the delivery period begins on the day after the payment order is issued to the transferring credit institution or, in the case of other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

6.3. The delivery time is specified on the respective product detail page.

6.4. If the customer defaults on acceptance or culpably violates other obligations to cooperate, MWS Import Export GmbH is entitled to demand compensation for the damage caused, including any additional expenses. MWS Import Export GmbH reserves the right to make further claims.

  1. Terms of payment

7.1. Payment options include advance payment, invoice, credit card or SEPA direct debit .

7.2. The selection of the respective payment methods is the responsibility of MWS Import Export GmbH. MWS Import Export GmbH reserves the right not to offer certain payment methods in individual cases. to revoke the contract exclusively on the basis of these General Terms and Conditions.

7.3. Advance payment

If the customer chooses advance payment as the payment method, payment is due immediately after conclusion of the contract, unless a later due date has been agreed. MWS Import Export GmbH will provide the customer with its bank details in the order confirmation.

7.4. Credit card

When paying by credit card, the customer provides his credit card details when placing the order. After identification as the legitimate cardholder, the customer’s credit card company is prompted to initiate the payment transaction immediately after the order is placed. The payment transaction is carried out automatically by the credit card company and the customer’s credit card is charged.

7.5. Payment via SEPA direct debit

When paying by SEPA direct debit, the invoice amount is due for payment after the SEPA direct debit mandate has been issued, but not before the expiry of the advance notification period. As soon as the ordered goods leave the warehouse, the direct debit is collected, but not before the expiry of the advance notification period. The advance notification or prenotification informs the payer of the due date and the amount due for an imminent direct debit. The customer may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details provided by the customer.

7.6. Purchase on account

When purchasing on account, there is a maximum limit for new customers up to which a purchase on account is possible. The delivery address must match the billing address. The purchase price is due after the goods have been delivered and invoiced. The purchase price must be paid within 14 days of receipt of the invoice without deduction, unless something else has been expressly agreed. MWS Import Export GmbH reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, MWS Import Export GmbH will inform the customer of any corresponding restrictions in their payment information in the online shop.

 

  1. Retention of title

8.1.The goods remain the property of MWS Import Export GmbH until the purchase price has been paid in full.

8.2. For entrepreneurs according to Section 14 of the German Civil Code (BGB), we retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of title, pledging or transferring the reserved goods as security is not permitted.

 

  1. Warranty against material defects

MWS Import Export GmbH is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff of the German Civil Code.

 

  1. Liability

 

10.1. MWS Import Export GmbH is liable without limitation for damages in the event of intent and gross negligence, insofar as the damage is due to a breach of duty by MWS Import Export GmbH, a legal representative or vicarious agents of MWS Import Export GmbH.

10.2. In the case of slight negligence, MWS Import Export GmbH is only liable for damages resulting from injury to life, body or health as well as from the violation of a material contractual obligation (cardinal obligation). Cardinal obligations are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In the case of slightly negligent violation of cardinal obligations, liability is limited to damages that are typical and foreseeable for the contract.

10.3. Liability under the Product Liability Act and liability for a defect after the assumption of a guarantee remain unaffected.

 

  1. Out-of-court dispute resolution

provided a platform for out-of-court dispute resolution on the website http://ec.europa.eu/consumers/odr/ . This gives consumers the opportunity to resolve disputes relating to their online orders without initially involving the courts.

10.2. We will endeavour to resolve any differences of opinion amicably. Furthermore, we are not obliged to participate in an arbitration procedure and cannot offer you the opportunity to participate in such a procedure.

 

  1. Place of jurisdiction

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 or in connection with contracts between MWS Import Export GmbH and the customer is the registered office of MWS Import Export GmbH.

 

  1. Protection of minors

If goods are ordered whose sale is subject to age restrictions, a reliable procedure involving a personal identity and age check is used to ensure that the customer has reached the legally required minimum age. The deliverer will only hand the order over to the customer personally after the age check has been carried out. In this case, delivery to packing stations is not possible.

 

  1. Applicable law

applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in the European Union, the mandatory consumer protection regulations of the country of residence remain unaffected by the choice of law.

 

  1. Severability Clause

If any provision of these General Terms and Conditions is invalid, void or for any reason unenforceable, this will not affect the validity and enforceability of the remaining provisions.