A contract is concluded exclusively by incorporating our General Terms and Conditions (GTC). Please take note of these GTC, particularly point 6 – cancellation right -, point 7 – warranty – and point 8 – liability limits-.
General Terms and Conditions (GTC)
of the company Mosquito-Boots GmbH,
Managing Director: Bernd Speck
AG Hannover HRB 0370
Sales tax ID number: DE115681729
Tax No.: 25/211/02231
1. GTC validity
These GTC apply to all present and future business relations between “Mosquito-Boots GmbH” and the “client”, who is a consumer according to § 13 of the German Civil Code (BGB), namely a physical person who does not work here for a commercial purpose. By concluding a contract as per point 2 below, the GTC become the subject of the contract between the respective parties.
2. Contractual conclusion
The Mosquito-Boots GmbH product range in this online shop is subject to change. By clicking on the “Send” button at the end of the order process, the customer bindingly declares he/she wishes to purchase the ordered goods under the referenced conditions, including the validity of these GTC. Mosquito-Boots GmbH will immediately confirm receipt of the customer’s order electronically in text format (e.g. by fax or email), enclosing these GTC. This is not yet considered an acceptance of the order, although both can be combined.
Mosquito-Boots GmbH is entitled to accept the contractual offer contained in the customer’s order within 2 weeks of receipt. The purchase agreement takes effect by virtue of the express order confirmation from Mosquito-Boots GmbH, or by sending the ordered goods. The resulting contractual text is saved by Mosquito-Boots GmbH, and sent to the customer by email, on request, along with the existing GTC.
In contrast, by ordering an item, the customer bindingly declares he/she wishes to purchase the ordered item under the referenced conditions. Mosquito-Boots GmbH will immediately confirm receipt of the customer’s order electronically, but this is not yet considered an acceptance of the order (although both can be combined together). Mosquito-Boots GmbH is entitled to accept the contractual offer contained in the customer’s order within 2 weeks of receipt. As a consequence of the customer’s electronic order, the resulting contractual text is saved by Mosquito-Boots GmbH, and sent to the customer by email, on request, along with the existing GTC.
3. Service conditions
The rights to not providing the promised item if it is not available, as well as to providing an item of equivalent quality and price if necessary, are reserved. This only applies in the event the unavailability is not caused by Mosquito-Boots GmbH, particularly when performing a congruent hedging transaction with the supplier. The customer is immediately informed if the service is unavailable. The return service is immediately refunded.
4. Method of payment, Prices
The item is strictly delivered upon prepayment.
The agreed purchase price is binding, and therefore must be paid in full. The final price contains the separately shown items of the legal sales tax, along with the flat rate for shipping costs. Delivery is made strictly as a package, and preferably through DHL with a flat shipping cost fee of 4.00 Euros for shipment within Germany.
5. Retention of title, partial delivery
Mosquito-Boots GmbH reserves the right to ownership of the item until full payment of the purchase price. Part-payments are permitted where feasible. It is considered infeasible if partial deliveries lead to disproportionate disadvantages for the customer. Shipping costs are only calculated for the first partial delivery if the partial delivery is made at the instigation of Mosquito-Boots GmbH. If, conversely, the customer has requested for a partial delivery to be made, shipping costs are incurred for each partial delivery, and must be borne by the customer.
6. Cancellation right
The customer is entitled to cancel his/her declaration of intent for contract conclusion within 2 weeks of receiving the goods. The cancellation does not need to contain reasons, and must be declared to Mosquito-Boots GmbH in text format or by returning the items. Prompt sending of the cancellation or the goods is sufficient for upholding the deadline. The item must be returned to Bernd Speck – Mosquito / Beekestr. 85 / 30459 Hannover. Cancellation can also be advised by fax or email (for more information, see the top of these GTC).
At the start of the cancellation period, in addition to receipt of the affected goods by the customer, the customer must have received correct, clear cancellation instructions in text format, if applicable with the necessary further information. If the instructions are advised after contractual conclusion, the cancellation period is 1 month. The cancellation period does not start until the day after fulfilment of the needs regarding the cancellation instructions.
Justified cancellation results in reversal of the services received by both sides. In doing so, the customer is obliged to return the item if it can be sent by package. The costs for returning the item are borne by the customer for order values up to 40.00 Euros, unless the delivered item does not match the ordered item. For order values over 40.00 Euros, the customer does not need to bear the costs for returning the item.
The customer must pay compensation for deterioration caused by normal usage of the item. The customer may check the item carefully. The customer bears the loss in value which, through usage extending beyond pure checking, results in the item no longer being able to be sold as “new”.
In the event of a relevant defect, the customer can initially choose whether to ask for repairs or a replacement. Mosquito-Boots GmbH is, however, entitled to refuse the selected form of repairs if this would only be possible with disproportionate costs and the other form of repairs does not involve substantial disadvantages for the customer.
If the repairs fail, the customer can, at his/her discretion, ask for a mark-down on the price (reduction) or cancellation of the contract (withdrawal). If the customer chooses to withdraw from the contract following failed repairs, he/she is not entitled to any damage compensation claims for the defect. If, on the other hand, the customer chooses damage compensation, the customer keeps the item, if this is feasible. Damage compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if the contractual breach was caused maliciously.
8. Liability limits
For slightly negligent breaches of duty, Mosquito-Boots GmbH’s liability is limited to the typical, foreseeable, direct average damage according to the type of item. This also applies to slightly negligent breaches of duty by the legal representatives or assistants of Mosquito-Boots GmbH.
The above liability limits do not affect the customer’s product liability claims. Furthermore, the liability limits do not apply to physical injury or harm to health, or to the death of the customer, if Mosquito-Boots GmbH is duly accountable.
9. Final clauses
The applicable law is that of the Federal Republic of Germany. The clauses of the UN convention on contracts on the international sale of goods do not apply. The contractual language for all legal relations, including these GTC, is German. If the customer does not have a general place of jurisdiction in Germany, or the place of residence/usual habitation is not known at the time the proceedings are commenced, Hannover is declared as being the exclusive place of jurisdiction.