Terms and conditions
Contract terms under purchase agreements made via the platform https://mundo-creole.com
Mundo Creole Online Store
Schlettstadter Str. 39
Phone: + 49 (0) 176 799 502 87
VAT identification number: DE 314601500
– hereinafter referred to as "provider" –
The users of this platform referred to in § 2 of these Terms and Conditions - hereinafter referred to as "customer” - be closed.
§ 1 Scope
Only the following terms and conditions as amended at the time of the order apply to the business relationship between the provider and the customer. Different terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of the contract
(1) The customer can select products from the supplier's range and collect them via the "add to shopping cart" button in a so-called shopping cart. Via the "Buy Now" button, he makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order from Mundo Creole" by e-mail, in which the customer's order is listed again and which the customer uses to use the "Print" function. Can print out. The customer's order (1) represents the offer at the conclusion of the contract with the respective contents of the shopping basket. The acknowledgement of receipt (order confirmation) represents the acceptance of the offer by the supplier. This summarizes the contents of the order. In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the customer by us on a permanent medium (e-mail or paper printout). The text of the contract is stored while respecting data protection.
(3) The contract is concluded in the languages: German, English.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times specified by us are calculated from the date of our order confirmation (§ 2 (2) of these Terms and Conditions), provided prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Moreover, in this case, the provider is also entitled to opt out of the contract. In doing so, he may refund payments already made by the customer without delay.
(3) The customer can make the payment by advance payment, PayPal, PayPal Express Checkout, credit card (Stripe).
(4) Payment of the purchase price is due immediately at the conclusion of the contract. If the due date of payment according to the calendar is determined, the customer is already in default by missing the date.
§ 4 Retention of title
Until the purchase price is paid in full, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website are inclusive of applicable statutory sales tax.
(2) The corresponding shipping costs are specified to the customer in the order form and must be borne by the customer, provided that the customer does not exercise any right of revocation.
(3) In the event of a revocation, the customer shall bear the direct costs of the return.
§ 6 Warranty for defects
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular § § 434 ff. German Civil Code. Compared to entrepreneurs, the warranty period on goods delivered by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, body, health or material contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Information on data processing
(1) The provider collects data of the customer as part of the processing of contracts. He pays particular attention to the provisions of the German Federal Data Protection Act and the German Telemedia Act. Without the consent of the customer, 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 telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
§ 9 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private 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 domicile of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. Instead of the invalid points, if any, the legal requirements will be set. However, to the extent that this would be an unreasonable hardship for a contracting party, the contract becomes ineffective as a whole.