General terms and conditions of business
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed by consumers and entrepreneurs via our online shop.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Contracting parties, conclusion of contract, correction options
The contracting party is Handelshaus Rheinländer GmbH, Seestr. 22, 88214 Ravensburg. The contract is concluded with the aforementioned company.
All products and their presentation represent only a non-binding offer. This does not constitute a legally binding offer.
You have the option of adding our products to your shopping cart without obligation by clicking on the corresponding button. You can correct your entries at any time before submitting a binding order. To make corrections, please use the correction aids provided and explained during the ordering process.
The order for the goods contained in the shopping cart becomes binding when you click the order button.
We will immediately confirm receipt of your order by email.
The purchase contract will be effective as follows depending on the payment method you choose:
When the contract with us is concluded depends on the payment method you choose:
Prepayment
By sending a declaration of acceptance by email within 2 days of receipt of the order. In the declaration of acceptance we will inform you of our bank details.
PayPal
During the order process, you will be redirected to the online presence of the payment provider PayPal. Your payment details will be entered there and PayPal will be instructed to make the payment. As soon as the order has been completed in our shop, we will ask PayPal to make the payment. By requesting payment, we accept the contract.
3. Contract language, contract text storage
The contract language is German. The contract text will be saved if it is necessary for the contract execution.
We will send you the order details and the general terms and conditions in text form.
For security reasons, further access to the contract text (e.g. via the Internet) is not permitted.
4. Prices, shipping costs and delivery conditions
All prices include the applicable statutory sales tax.
Delivery of goods within Germany is generally free of charge. This does not apply if you wish to have express delivery within Germany. In this case, shipping costs of 14.50 euros will apply.
For shipping to other European countries (EU countries and Switzerland) shipping costs amount to 12.50 euros per package.
Deliveries to non-European countries and express deliveries within the EU are only possible on request. Please contact: info@montblanc-pen.de.
After making an appointment in advance, you generally have the option of picking up your order during business hours (Monday to Friday from 9 a.m. to 6 p.m.) at Handelshaus Rheinländer GmbH, Seestr. 22, 88214 Ravensburg
We do not deliver to packing stations.
5. Delivery reservation
If the ordered product cannot be delivered through no fault of our own, we reserve the right to withdraw from the contract. You can choose a comparable product or, if you wish, receive a refund of any payments you have already made. We will use the payment method you selected for the refund.
6. Payment
In our shop you can generally use the following payment methods:
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods within 5 days of receipt of payment.
PayPal
During the order process, you will be redirected to the online presence of the payment provider PayPal. Your payment details will be entered there and PayPal will be instructed to process the payment. The prerequisite for using PayPal is that you are registered with PayPal or are registering for the first time. As soon as the order has been bindingly completed in our shop, we will ask PayPal to process the payment.
6. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy.
The return is free of charge for you due to cancellation, warranty or guarantee if you use our return label.
Returns with a goods value greater than 500 EUR require additional transport insurance; the insurance fees incurred for this will be borne by Handelshaus Rheinländer GmbH.
For this purpose, a return label is either included with the parcel shipments or a corresponding return label can be requested from customer service.
7. Retention of title
The goods remain our property until full payment has been made.
8. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty or fraud, in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations), within the framework of a guarantee promise, if agreed, insofar as the scope of application of the Product Liability Act is open.
Information about any additional warranties that may apply and their exact terms and conditions can be found on the product itself and on specific information pages on our website.
10. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute settlement
The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/ .
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Supplementary General Terms and Conditions for installment purchase by easyCredit
12. Scope and general terms of use
The following supplementary general terms and conditions (hereinafter referred to as T&Cs) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (hereinafter referred to as installment purchase) is used. In the event of a conflict, the supplementary T&Cs take precedence over any contrary general terms and conditions of the dealer. Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and who are at least 18 years old.
13. Hire purchase
For your purchase, the retailer, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG), offers you the installment purchase as an additional payment option. The retailer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the order process. If the use of the installment purchase is not possible due to insufficient creditworthiness or the retailer's sales limit being reached, the retailer reserves the right to offer you an alternative billing option. The contract for an installment purchase is concluded between you and the retailer. With the installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment. The claims arising from the use of the installment purchase are assigned by the retailer to TeamBank AG as part of an ongoing factoring contract. Payments can only be made to TeamBank AG to have a debt-discharging effect.
14. Installment payment via SEPA direct debit
By issuing the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification). The collection will take place on the date specified in the pre-notification at the earliest. A later, more timely collection can take place. If the purchase price is reduced between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification.