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GENERAL TERMS OF BUSINESS
 


§ 1 Scope of application

(1) These GTB apply to the purchase contract for products from the midgard online shop between the customer (hereinafter also referred to as the customer) and the company Midgard Licht GmbH (hereinafter referred to as Midgard).

(2) Ancillary agreements are possible, but these must be confirmed in writing in advance by the parties involved in order to avoid difficulties of proof. The customer's confirmation of such ancillary agreements can be sent to curt@midgard.com.

(3) These GTC can be printed or saved ("Save file as").
 

§ 2 Conclusion of contract and payment

(1) The offers from the online shop at https://www.midgard.com/shop are to be understood as invitations to submit an offer by the customer and not as an already binding offer. By submitting an order, the customer makes an offer to purchase the ordered goods. Midgard can accept the offer by individual confirmation by e-mail within 7 working days or by sending the ordered goods, but there is no claim to acceptance of the offer. The confirmation e-mail contains the revocation instructions, a revocation form in accordance with the Distance Selling Act and these General Terms and Conditions with or as well as additional information in accordance with the legal obligation.

(2) Payment for the goods shall be made exclusively by advance payment. The purchase price shall become due for payment immediately upon receipt of the order confirmation. The transfer data will be sent to the customer by Midgard on the order confirmation.

(3) Insofar as Midgard does not accept the customer's offer (e.g. because the goods are not available) Midgard will inform the customer immediately and will return any amounts paid to the customer immediately or arrange for their repayment.


§ 3 Delivery

(1) The delivery times stated are from receipt of payment. All information about the expected delivery dates or delivery periods are non-binding unless these have been expressly agreed between Midgard and the customer as binding. If Midgard is in default of delivery in the case of an expressly agreed delivery date and the customer then sets Midgard a period of grace, this period of grace shall be at least two weeks. If this period of grace expires without result, the customer is entitled to withdraw from the purchase contract.

(2) Should an item not be available or not be available as quickly, Midgard will inform the customer as quickly as possible of the alternative delivery time or the information that the delivery cannot be made.

(3) Midgard delivers to Germany, Austria and Switzerland according to the price list and, if applicable, the delivery costs shown in the webshop. Deliveries to all EU countries and selected non-EU countries (on request) are possible. The shipping costs for this are calculated and offered to the customer. He can agree to these or withdraw from the purchase offer.

(4) Midgard reserves the right to make a partial delivery if this appears advantageous for a quick processing and is reasonable. Should a partial delivery be made, Midgard will pay any additional shipping costs incurred.
Should Midgard not be able to deliver the goods ordered by the customer for reasons not of its own making, Midgard expressly reserves the right to withdraw from the purchase contract.

(5) The assignment of a claim existing against Midgard is not permitted to the contractual partner unless Midgard expressly agrees to this in writing.
 

§ 4 Transfer of risk

If the customer is a private consumer, Midgard bears the shipping risk irrespective of the mode of shipment. If the customer is an entrepreneur, the risk is transferred to the customer as soon as Midgard has handed over the goods to the commissioned forwarding agent, carrier or other delivery agent designated to carry out the shipment.


§ 5 Warranty, Liability

(1) Warranty
The statutory warranty rights exist for our goods. The limitation period for claims for defects in used goods is one year from delivery of the goods.
 
(2) Liability
(a) Insofar as claims for damages are asserted against Midgard, Midgard is liable for intent or gross negligence, including the intent or gross negligence of Midgard's legal representatives or vicarious agents. In other cases, Midgard's liability, except in the case of intent or gross negligence, shall be limited to the foreseeable damage typically occurring at the time of conclusion of the contract.
(b) Midgard is only liable for slight negligence if Midgard breaches an obligation, compliance with which is of central importance for the achievement of the purpose of the contract, such as breach of duty when inserting the shipping address, errors in the selection of goods, etc.
(c) Unless otherwise stipulated above, liability is excluded.
(d) Liability in accordance with the Product Liability Act shall remain

(e) All aforementioned exclusions and/or limitations of liability do not apply to damage to life, limb and health of persons.
 

§ 6 Right of withdrawal / cancellation policy

The customer has a right of revocation as a consumer. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
 
Right of withdrawal

You have the right to revoke this contract within 14 days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post).

Midgard GmbH
Hohenesch 68
22765 Hamburg
Germany
Tel: + 49 (0)40 35 777 444
E-mail: curt@midgard.com

You can use the attached model cancellation form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
 
Consequences of the revocation

If you revoke the contract, we must reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.


You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a manner not necessary for the inspection of the condition, properties and functionality of the goods.

Information about the non-existence of the right of withdrawal in the following cases:
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer .
 
 
§ 7 Data protection
 
(1) All personal data provided by the customer (title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number) will be collected, processed and stored by Midgard exclusively in accordance with the statutory provisions.

(2) Personal data of the customer, insofar as this is necessary for the establishment, content or amendment of the contractual relationship (inventory data), will be used for the processing of the sales contracts concluded between the contracting parties, for example for the delivery of goods to the address provided by the customer. In addition, Midgard reserves the right to use the data of the existing customer for purposes of advertising (with the express exception of advertising by means of electronic mail (e-mail or fax), market research or for the needs-based design of its own offers. The customer may object to the use of his data at any time.
 
(3) If the customer requires further information or wishes to retrieve or revoke the consent expressly granted by him for the use of his inventory data or to object to the use of his usage data, the customer can contact our support team at the e-mail address: curt@midgard.com or by telephone at +49 40 35 777 444.
 


§ 8 Final provisions

(1) The offers are subject to change and are valid worldwide. Slight deviations from the catalogue illustrations and details may occur.

(2) All disputes arising from or on the basis of this agreement shall be governed by national law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).


(3) Should individual provisions of the contract between Midgard and the contractual partner, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

(4) If the customer is a merchant, Hamburg is the exclusive place of jurisdiction for all claims in connection with the business relationship.
 


Version 1.2
Hamburg, 01.11.2022



 

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