General terms and conditions of business (AGB) and customer information
I. General Terms and Conditions
1. Basic Provisions
1.1 The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (monpanier GmbH) via the monpanier.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
1.2 A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of the contract
2.1 The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
2.2 You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. All order data is displayed again on the order overview page after entering personal data, payment, and shipping conditions. Before sending the order, you have the option of checking all the information again, changing it (also using the “back” function of the internet browser) or canceling the purchase. By submitting the order via the “Buy now” button, you submit a binding offer to us. The automatically generated confirmation of receipt of your order (confirmation of receipt) is sent by e-mail immediately after the order has been sent.
2.3 We accept your offer within three days by submitting a manual declaration of acceptance in a separate email (order confirmation) or, if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under “Payment modalities”). The alternative that is relevant to you depends on which of the listed events occurs first.
3. Right of retention, retention of title
3.1 You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
3.2 The goods remain our property until the purchase price has been paid in full.
3.3 If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
4. Warranty
4.1 The statutory right to liability for defects applies.
4.2 If you are an entrepreneur, the following applies in deviation from paragraph 1:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent, as well as to rights of recourse according to §§ 478, 479 BGB.
5. Liability
5.1 We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase and in all other cases regulated by law.
5.2 Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information (Part II) and General Terms and Conditions (Part I).
5.3 If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
5.4 In the event of a breach of minor contractual obligations, liability for slightly negligent breaches of duty is excluded.
6. Governing Law, Place of Jurisdiction
6.1 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 insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
6.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
6.3 If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. 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 always entitled to appeal to the court at the customer’s registered office.
II. Customer Information
1. Identity of Seller
monpanier GmbH
Im Langgewann 5
65719 Hofheim am Taunus
Deutschland
Tel. +49(0)6173 7839461
E-Mail: [email protected]
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 Contract language is German.
3.2 We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Wesentliche Merkmale der Ware oder Dienstleistung
4. Essential characteristics of the goods or service
5. Prices
5.1 The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6. Payment Arrangements
6.1 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description. The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details by e-mail and deliver the goods after receipt of payment.
Our bank connection:
Account holder: monpanier GmbH
Bank: Taunus Sparkasse
IBAN: DE 0351 2500 0000 0115 7876
BIC: HELADEF1TSK
Credit card via Stripe
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Apple Pay via Stripe
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
Google Pay via Stripe
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You’ll get more information during the ordering process.
Immediate transfer via Stripe
Using the secure payment form, Sofortüberweisung automatically makes a transfer in real time to the end user’s online banking account. The purchase amount is transferred directly and monpanier GmbH immediately receives a real-time confirmation. This creates the contract with us.
6.2 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment. If you are an entrepreneur, the delivery and shipment is at your own risk.
7.3 We only deliver by mail. Unfortunately, a self collection of the product is not possible.
8. Statutory liability for defects
8.1 The liability for defects for our goods is based on the “Warranty” provision in our General Terms and Conditions (Part I).
8.2 As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
9. Dispute Resolution
The European Commission has set up a platform for online dispute resolution (OS) for the out-of-court settlement of consumer disputes. The OS platform can be found at: http://ec.europa.eu/consumers/odr/
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Stands: 01.04.2023
General terms and conditions of business (AGB) and customer information
I. General Terms and Conditions
1. Basic Provisions
1.1 The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (monpanier GmbH) via the monpanier.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
1.2 A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of the contract
2.1 The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
2.2 You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. All order data is displayed again on the order overview page after entering personal data, payment, and shipping conditions. Before sending the order, you have the option of checking all the information again, changing it (also using the “back” function of the internet browser) or canceling the purchase. By submitting the order via the “Buy now” button, you submit a binding offer to us. The automatically generated confirmation of receipt of your order (confirmation of receipt) is sent by e-mail immediately after the order has been sent.
2.3 We accept your offer within three days by submitting a manual declaration of acceptance in a separate email (order confirmation) or, if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under “Payment modalities”). The alternative that is relevant to you depends on which of the listed events occurs first.
3. Right of retention, retention of title
3.1 You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
3.2 The goods remain our property until the purchase price has been paid in full.
3.3 If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
4. Warranty
4.1 The statutory right to liability for defects applies.
4.2 If you are an entrepreneur, the following applies in deviation from paragraph 1:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent, as well as to rights of recourse according to §§ 478, 479 BGB.
5. Liability
5.1 We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase and in all other cases regulated by law.
5.2 Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information (Part II) and General Terms and Conditions (Part I).
5.3 If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
5.4 In the event of a breach of minor contractual obligations, liability for slightly negligent breaches of duty is excluded.
6. Governing Law, Place of Jurisdiction
6.1 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 insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
6.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
6.3 If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. 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 always entitled to appeal to the court at the customer’s registered office.
II. Customer Information
1. Identity of Seller
monpanier GmbH
Im Langgewann 5
65719 Hofheim am Taunus
Deutschland
Tel. +49(0)6173 7839461
E-Mail: [email protected]
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 Contract language is German.
3.2 We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Wesentliche Merkmale der Ware oder Dienstleistung
4. Essential characteristics of the goods or service
5. Prices
5.1 The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6. Payment Arrangements
6.1 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description. The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details by e-mail and deliver the goods after receipt of payment.
Our bank connection:
Account holder: monpanier GmbH
Bank: Taunus Sparkasse
IBAN: DE 0351 2500 0000 0115 7876
BIC: HELADEF1TSK
Credit card via Stripe
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Apple Pay via Stripe
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
Google Pay via Stripe
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You’ll get more information during the ordering process.
Immediate transfer via Stripe
Using the secure payment form, Sofortüberweisung automatically makes a transfer in real time to the end user’s online banking account. The purchase amount is transferred directly and monpanier GmbH immediately receives a real-time confirmation. This creates the contract with us.
6.2 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment. If you are an entrepreneur, the delivery and shipment is at your own risk.
7.3 We only deliver by mail. Unfortunately, a self collection of the product is not possible.
8. Statutory liability for defects
8.1 The liability for defects for our goods is based on the “Warranty” provision in our General Terms and Conditions (Part I).
8.2 As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
9. Dispute Resolution
The European Commission has set up a platform for online dispute resolution (OS) for the out-of-court settlement of consumer disputes. The OS platform can be found at: http://ec.europa.eu/consumers/odr/
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Stands: 01.04.2023
