I. Scope

1.) These General Terms and Conditions (hereinafter “GTC”) of Mietens & Partner GmbH (hereinafter “Seller”) apply to all contracts concluded by a consumer with the Seller within the European Union for the delivery of goods presented by the Seller in his online shop or in print advertisements. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

2.) consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction.

II. Conclusion of contract

The presentation of products in the online shop or in print advertisements does not constitute a legally binding offer, but rather a non-binding invitation to place an order. The purchase contract is concluded when we confirm your order by sending an order confirmation or pre-payment invoice.

III. Contract language

The contract language is German.

IV. Right of withdrawal

1.) Consumers have a 14-day right of withdrawal.

2.) Right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract for the delivery of a product in several part deliveries or pieces: on which you, or a third party named by you, who is not the carrier, has taken possession of the last part delivery or the last piece.

To exercise your right of withdrawal, you must inform us,

Mietens & Partner GmbH
Porschestr. 16
38259 Salzgitter
Germany

Tel: +49 5341 876 87 0
E-mail: widerruf@mietens.de

by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached pattern withdrawal form for this, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. 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 event will you be charged for this repayment. We may refuse a repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately 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 fourteen-day period.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

3.) Exclusion/Expiration of the Right of Revocation

The right of revocation does not apply to the delivery of goods, are not prefabricated and for the production of which an individual selection or stipulation by the consumer is crucial or which are clearly tailored to the personal requirements of the consumer.

V. Prices

The prices are in euros. All prices include the statutory sales tax.

VAT. ID. No.: DE 811 850 899

VI. Delivery

Delivery is at the risk of the buyer. The seller is responsible for commissioning a suitable carrier. The delivery date will be announced with the order confirmation, but no earlier than on the working day following receipt of payment or upon completion of the ordered products. In the event of a partial delivery or a subsequent delivery, the buyer will not incur any further costs.

VII. Payment options

Unless otherwise agreed, we only accept pre-payment.

Please transfer the total amount of your order in advance to our account, quoting your customer and invoice number and the full name of the person placing the order:

Deutsche Bank
IBAN: DE32 2707 0030 0131 1133 00
BIC: DEUTDE2H270

In the case of a pre-payment/advance payment order, a contract is concluded after the payment request has been sent. You will receive an pro-forma invoice immediately after we have received your proper order, checked availability and all relevant data.

VIII. Retention of title

The delivered goods remain the property of the seller until full payment of all outstanding claims of the seller against the buyer. If the customer is in default of payment, the seller is entitled to withdraw from the contract and take back the goods. The customer is not allowed to resell the goods or pass them on to third parties until full payment has been made.

IX. Warranty

For all defects in the purchased item occurring during the statutory warranty period, the statutory claims for subsequent performance, for rectification of defects/new delivery and, if the statutory requirements are met, the further claims for reduction or withdrawal as well as for compensation, including compensation for the damage instead of performance and compensation for wasted expenses, shall apply at your discretion. The assertion of statutory rights arising from defects is free of charge.

X. Return costs

The buyer bears the costs and risk of a return.

XI. Transport damage

Please report obvious defects to us immediately.

If a package arrives visibly damaged, please open it immediately in the presence of the postman/parcel service and have a confirmation of damage issued immediately.

Failure to report the defect immediately or to open the package in the presence of the postman/parcel service has no consequences for your statutory warranty rights.

XII. Applicable law / place of jurisdiction

1.) The application of the laws of the Federal Republic of Germany is deemed to be agreed for all contracts concluded with us. The Vienna UN Convention on Contracts for the International Sale of Goods is excluded. Insofar as the customer's usual place of residence is not in Germany, but in another EU country, and the national provisions there stipulate further consumer protection rights than German law, the national provisions of the customer's usual place of residence shall apply (Art. 6 Para. 2 Rome I Regulation).

2.) In the event that the customer is a merchant, Salzgitter is agreed as the exclusive place of jurisdiction.

XIII. Provider identification

Mietens & Partner GmbH
Porschestr. 16
38259 Salzgitter
Germany

Tel: +49 5341 876 87 0
E-mail: info@mietens.de

Located in: Salzgitter
County Court Braunschweig HRB 6389
Managing Director: Claudia Mietens, Ulf Dietrich Mietens
VAT. ID. No.: DE 811 850 899

XIV. verability clause

The ineffectiveness of individual provisions shall not affect the effectiveness of the remaining provisions. The ineffective clause shall be replaced by a regulation that most closely approximates the economic effect of the ineffective agreement.