§ 1 Scope
- These Terms and Conditions apply to all orders placed by consumers or businesses through the online shop mineralien-weltweit.com with
Mineralien-weltweit.com
Owner: Paul Krause
Scheringerstraße 37 E
02791 Oderwitz
Deutschland
E-Mail: info@mineralien-weltweit.com
as the seller.
- A consumer is any natural person who enters into a legal transaction primarily for purposes that cannot be attributed to their commercial or self-employed professional activity.
- A business is any natural or legal person, or a partnership with legal capacity, acting in the course of its commercial or self-employed professional activity when entering into the contract.
- Any conflicting or differing terms and conditions of the customer shall not apply unless their validity has been expressly agreed to.
§ 2 Product Presentation and Conclusion of the Contract
- The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
- The customer may place the desired products in the shopping cart. Before submitting the order, the customer can review and amend the information entered and the contents of the shopping cart.
- By clicking the final order button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
- After the order has been received, the customer will receive an automatic order confirmation by email. This initially confirms only receipt of the order and does not yet constitute acceptance of the offer.
- The purchase contract is concluded when the order is expressly accepted by email, an invoice is sent, or the goods are dispatched to the customer.
- If an ordered one-of-a-kind item is no longer available in the meantime, the customer will be informed without undue delay. Any payments already made will be reimbursed without undue delay.
§ 3 Contract Language and Storage of the Contract Text
- For orders placed through the German version of the online shop, the contract language is German. For orders placed through the English version of the online shop, communication may additionally take place in English.
- The order details and these Terms and Conditions will be stored to the extent permitted by legal and technical requirements.
- The customer will receive the order details by email. The current version of these Terms and Conditions can be accessed and saved via the website.
§ 4 Prices and Value Added Tax
- The prices displayed in the online shop at the time the order is placed shall apply.
- Due to the application of the small business regulation pursuant to Section 19 of the German Value Added Tax Act (UStG), no value added tax is shown.
- Shipping costs may be charged in addition to the price of the goods. The applicable shipping costs are displayed in the shopping cart or during the ordering process.
§ 5 Payment
- The customer may use the payment methods displayed in the online shop during the ordering process.
- The purchase price is due immediately upon conclusion of the contract, unless otherwise stated for the respective payment method.
- In the case of payment in advance, the goods will be dispatched after the full invoice amount has been received.
§ 6 Delivery and Shipping
- Delivery will be made to the delivery address provided by the customer during the ordering process.
- The available delivery regions, shipping methods, and shipping costs are set out on the “Shipping and Delivery Costs” page and are also displayed during the ordering process.
- The delivery time depends on the information provided for the respective product and on the destination country.
- Delays caused by customs clearance, foreign authorities, or other circumstances beyond the seller’s control may result in longer delivery times, particularly for international deliveries.
- For deliveries to countries outside the European Union, additional customs duties, import VAT, or other charges may apply. These charges are not levied by the seller and must be paid by the customer to the competent authorities or service providers.
- Partial deliveries will only be made where reasonable for the customer. The customer will not incur any additional shipping costs if the partial delivery is arranged by the seller.
§ 7 Transfer of Risk
- For consumers, the risk of accidental loss of or accidental damage to the goods generally passes only upon delivery of the goods to the consumer or to a person authorised by the consumer to receive them.
- For businesses, the risk passes upon delivery of the goods to the carrier or to any other person designated to carry out the shipment.
§ 8 Retention of Title
The goods remain the property of the seller until payment has been made in full.
§ 9 Characteristics of Minerals and Product Presentation
- The minerals offered are predominantly natural, one-of-a-kind specimens. Natural irregularities, growth features, inclusions, contact areas, minor chips, or comparable natural or recovery-related characteristics may form part of the respective specimen.
- The main visible characteristics and any known damage are described to the best of our knowledge in the product description and shown in the photographs.
- Due to differences in screen settings and lighting conditions, the colours and brightness of the product images may differ slightly from the mineral’s actual appearance.
- Information regarding the mineral species, locality, size, weight, and other characteristics is provided to the best of our knowledge. The respective product description shall be decisive.
- The customer’s statutory rights in respect of defects remain unaffected. However, a natural one-of-a-kind specimen is not defective solely because it displays customary natural characteristics that are visible in the description or expressly stated.
§ 10 Liability for Defects
- The statutory rights in respect of defects shall apply.
- The customer is requested to document any obvious transport damage with the carrier as soon as possible and to inform the seller. Failure to do so does not affect the customer’s statutory rights.
- In the event of justified defects, the statutory provisions regarding subsequent performance, price reduction, withdrawal from the contract, and claims for damages shall apply. The seller shall bear the necessary costs of statutory subsequent performance.
§ 11 Right of Withdrawal
Consumers have the statutory right of withdrawal.
Further details are set out in the separate Instructions on Withdrawal and the model withdrawal form contained therein.
§ 12 Liability
- The seller shall be liable without limitation for damage caused intentionally or through gross negligence.
- The seller shall also be liable without limitation for damage resulting from injury to life, body, or health, as well as in cases of mandatory statutory liability.
- In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
- In all other respects, liability for damage caused by slight negligence is excluded.
§ 13 Dispute Resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Applicable Law
- The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
- For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
§ 15 Final Provisions
- If the customer is a merchant, a legal entity under public law, or a special fund under public law, the seller’s place of business shall be the place of jurisdiction, insofar as such an agreement on jurisdiction is legally permissible.
- If any individual provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
