Terms & Conditions

General Terms and Conditions of MDLR GmbH

§1 Scope and definitions

(1) These General Terms and Conditions apply to all business relations between us and the customer in the version valid at the time of the order.

(2) "Consumer" in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction with us for a purpose that can not be attributed to either their commercial or their independent professional activity (§ 13 BGB).

(3) "Entrepreneurs" within the meaning of these General Terms and Conditions are all natural or legal persons or legal partnerships that enter into business relations with us and who act in the exercise of their commercial or independent activity (§ 14 BGB). Unless an entrepreneur acts in the exercise of his commercial or self-employed activity, he also benefits from the rights conferred on consumers. He is regarded as a consumer within the meaning of these terms and conditions.

(4) "Customers" within the meaning of these General Terms and Conditions are understood to mean both consumers and entrepreneurs.

(5) General terms and conditions of entrepreneurs who oppose, deviate or supplement our general terms and conditions shall, even in knowledge, not be part of the contract, unless their validity is expressly agreed in writing.

§2 conclusion of the contract

(1) The following provisions regarding the conclusion of the contract apply to orders in our Internet shop https://mdlr-brand.com/en/terms-conditions

(2) If a contract is concluded, it will be concluded with the

MDLR GmbH

represented by the managing directors Marco Lachner and Dietmar Jost

Wilhelmstrasse 17

57627 Hachenburg

closed.

(3) The posting of goods in our Internet shop is not a legally binding contract offer by us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he thus makes a binding offer for him to conclude a purchase contract.

(4) When an order is received in our Internet shop, the following rules apply:

If a customer goes through the order process shown below, he makes a binding contract offer. The order process takes place in these steps:

a) Select the desired goods

b) Confirm by clicking the "Add to cart" button

c) Check all details in the shopping cart

d) Click on the button "Checkout"

e) Log in as a customer or register as a new customer

f) Name, address and e-mail address 

e) Selection of the payment method and pressing the "Next" button

g) Press the "Next" button

h) Checking and correcting the data entered and accepting the terms and conditions

i) Binding submission of the order by pressing the button "Order for payment".

After the binding submission of the order, by clicking on the "back" button of its Internet browser, the customer can, after checking his details, return to the page where the information entered by the customer during the ordering process was recorded. There he can correct any errors or end the ordering process by closing the Internet browser.

Upon receipt of the order, we will confirm this by an automatically generated e-mail. However, this e-mail does not constitute acceptance of the offer on our part. Acceptance of the offer by us takes place in writing, in writing or by sending the goods.

(5) We save the contract text and send you the data of your order as well as our general terms and conditions by e-mail. You can also retrieve the terms and conditions at https://mdlr-brand.com/en/terms-conditions.

§3 regulations on prices, shipping costs, payment and due date

(1) All prices, which we specify in our Internet shop, contain the legal value added tax and further price components. Not included are any shipping costs and possibly the cost of cash on delivery. These will be charged separately.

(2) Payment is made by Pay Pal PLUS or KLARNA.

(3) A debtor must pay interest on debt during the default of 9 percentage points above the base rate. However, we reserve the right to assert a higher damage caused by default to an entrepreneur. 

(4) An entrepreneur only has a right to offsetting if his counterclaims, with which he wishes to set off, are undisputed or have been legally established.

§4 Regulations for delivery and transfer of risk

(1) If we do not expressly state otherwise in the product description, the delivery time of the goods is 5 days. The period begins with payments in advance, if the transferring bank has issued the payment order, in other cases the day after conclusion of the contract and ends with the expiration of the last day of the deadline.

(2) If the customer is a consumer, a transfer of the risk of accidental loss and accidental deterioration of the thing takes place only with the transfer of the thing to the customer.

(3) If the customer is an entrepreneur, a transfer of the risk of accidental loss and accidental deterioration of the thing already takes place when we hand over the goods to the logistics company commissioned by us. 

(4) If the customer is an entrepreneur, we reserve the right, in the event that a delivery time for reasons for which we are not responsible, can not be met, to determine a new reasonable delivery period. The customer will be informed immediately about non-compliance with the delivery time. If we are unable to deliver the ordered article within the new deadline, we are entitled to withdraw from the contract. If the customer has already provided consideration, we will refund it immediately.

§5 Retention of title

(1) If the customer is a consumer, we reserve the ownership of the goods until full payment of the purchase price.

(2) If the customer is an entrepreneur, we reserve the ownership of the goods until full payment of all claims resulting from the current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.

(3) If the customer is an entrepreneur, he can resell the goods in the ordinary course of business. In this case, he hereby assigns to us all claims in the amount of the invoice amount which accrue to the customer through a resale to third parties. We already accept the assignment. The entrepreneur is authorized by us after the assignment to collect the claim. However, we reserve ourselves for the case. That the entrepreneur does not meet his payment obligations properly and is in default of payment, before collecting the claim itself. A processing and processing of the delivered goods by an entrepreneur takes place named and on behalf of us. If an entrepreneur has processed the goods, we acquire the co-ownership of the new thing. This co-ownership is measured in relation to the value of the goods delivered by us. The same applies if an entrepreneur processes or mixes the goods with items that are not ours.

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§6 warranty

(1) For consumers, the statutory warranty provisions apply.

(2) In the case of used items, warranty claims for consumers shall become time-barred after one year from the delivery of the goods.

Such a shortening of the period of limitation, however, does not apply to such warranty claims, which result in damages and where there is intent or gross negligence or a breach of essential contractual obligations. Significant contractual obligations are those, through the fulfillment of which a proper execution and execution of the contract becomes possible in the first place and the compliance of which a buyer may normally trust.

(3) Claims for damages for consumers due to injury to life, body or health or due to provisions of the Product Liability Act (ProdHaftG) shall remain unaffected. The same regulations apply to breaches of duty by our vicarious agents.

(4) Warranty claims, which are not directed to damages, are time-barred for entrepreneurs after one year from delivery of the goods. This does not affect the statutory limitation periods for recourse claims of the entrepreneur according to § 478 BGB.

(5) Entrepreneurs within the meaning of these General Terms and Conditions are obliged to inspect the goods received immediately for quantity and quality deviations. Recognizable defects must be reported to us in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the obligation to notify. The entrepreneur is obliged to notify us of hidden defects within a period of one week in writing. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the notification of defects is sent in time. The full burden of proof for any claim requirements, in particular for the defect itself, for the time of its discovery and for the timeliness of the notice of defects shall be borne by the entrepreneur.

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 §7 Limitation of Liability

Liability for damages caused by ordinary negligence is excluded, unless they result from the breach of essential contractual obligations, a guarantee for the quality of the object of purchase, damage from injury to life, body or health or claims under the Product Liability Act (ProdHaftG) are affected. Significant contractual obligations are those, through the fulfillment of which a proper execution and execution of the contract becomes possible in the first place and the compliance of which a buyer may normally trust.

The same regulations apply to breaches of duty by our vicarious agents.

Liability for breach of material contractual obligations in cases of ordinary negligence is limited to such damages that are typically associated with the contract and are foreseeable.

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§8 Right of Withdrawal for Customers as Consumers:

Right of revocation Right of revocation You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must (MDLR GmbH, Wilhelmstrasse 17, 57627 Hachenburg, E-mail: shop@mdlr-brand.com, phone: +49(0)2662-9513-51) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation 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 cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. 

End of revocation

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§9 Code of Conduct

We have not subjected ourselves to codes of conduct.

§10 Contract language, choice of law, place of jurisdiction

(1) For the execution and execution of the contract only the German language is considered. 

(2) For the contractual relations the law of the Federal Republic of Germany is valid, whereby the UN-purchase right is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is withdrawn.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract.

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§ 11 customer service

For questions, complaints and complaints, our customer service is available on weekdays from 09:00 to 17:00

Telephone: +49 (0) 2662 - 9513 - 51

eMail: contact@mdlr-brand.com

to disposal.

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§12 Online Dispute Resolution Platform

We have a legal obligation to alert consumers to the existence of the European Online Dispute Resolution Platform. It can be used to settle disputes without the need for legal proceedings. The European Commission is responsible for setting up this platform, and has set up the European Online Dispute Resolution Platform at the following link: https://ec.europa.eu/consumers/odr/ 

§13 Severability clause

If one or more provisions of these terms and conditions are invalid or unenforceable or if they subsequently become unenforceable, the remaining provisions shall remain unaffected. This shall only apply if the abolition of individual clauses disrupts a contracting party so unreasonably that it can no longer be expected that the contract will be adhered to.

Cancellation policy for customers as consumers

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must (MDLR GmbH, Wilhelmstrasse 17, 57627 Hachenburg, E-mail: contact@mdlr-brand.com, phone: +49(0)2662-9513-51) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation 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 cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

End of revocation instruction