Terms & Conditions

General Terms and Conditions

Table of contents
I. Scope of Application
II. conclusion of contract
III. right of revocation
IV. Terms of delivery
V. Terms of payment
VI. retention of title
VII. warranty
VIII. Special provisions for services according to customer specifications
IX. Special provisions for promotional vouchers
X. Changes to the general terms and conditions or our services
XI. Data protection
XII. customer service
XIII. consumer arbitration board
XIV. online dispute resolution
XV. Applicable law and place of jurisdiction
I. Scope of application
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via our website between you as our customer and us.

MaltNic GmbH
Managing Director: Torsten Tamm

Auenstr. 8
85416 Langenbach
Germany

Tel.: 08761 7206959
E-Mail: [email protected]

Registry court: Munich Local Court
Registration number: HRB 262925

II. conclusion of contract
(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (application).

(2) You can submit your offer via the online order option provided on our website. The GTC shall become an integral part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.

(3) The conclusion of the contract via the online ordering option on our website shall take place in the following steps:

(a) You can select the products offered on our website and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the “Back” function of your Internet browser before completing the ordering process by clicking the “Add to shopping cart” button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the magnification function (“magnifying glass function”) of your Internet browser for this purpose. You can also terminate the order process at any time by closing the window of your Internet browser.

(b) By submitting an order via the online ordering option of our website by clicking the “Add to shopping cart” button, you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.

(c) We will confirm receipt of your order immediately by e-mail. In this e-mail your order will be listed again. You can print this out using the “Print” function. This automatic confirmation of receipt merely documents that your order has been received by us; it does not constitute acceptance of your application unless, in addition to confirming receipt, we also expressly declare acceptance therein.

(d) You are bound to the order for a period of 5 days after placing the order; your possible right to revoke your order remains unaffected.

(e) The contract is only concluded when we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).

(4) In our e-mail confirming receipt or order or in a separate e-mail, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our GTC and the order confirmation.

(5) The text of the contract shall be stored by us in compliance with data protection laws. Apart from the aforementioned sending, we do not keep the contract text accessible to you.

(6) The contract shall be concluded in German.

(7) If the delivery of a product ordered by you is not possible, we refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

(8) Insofar as you have provided your e-mail address as part of the ordering process or also as part of other inquiries, it is your responsibility to ensure that the e-mail address you have provided exists, is correct and that you can receive e-mails at this e-mail address from us or from third parties who have been commissioned by us to process your order. Automatic SPAM filters shall be configured or monitored accordingly.

(9) You agree to an invoice transmitted electronically.

(10) All prices stated on our website are total prices including VAT and other price components plus shipping costs.

III. right of withdrawal
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places an order for a purpose which is predominantly neither commercial nor self-employed, you have a right of revocation in accordance with the statutory provisions. Further information on the right of revocation can be found in our revocation policy.

IV. Terms of Delivery
(1) Subject to any agreement to the contrary, delivery shall be made to the delivery address specified by you.

(2) If you choose the PayPal payment method, delivery will be made to the delivery address you provided to PayPal at the time of payment.

(3) The delivery period is 5 days, unless otherwise stated in the product description or otherwise agreed with you. It begins with the conclusion of the contract.

(4) A self-collection of your ordered goods is not possible.

V. Terms of payment
We offer the following methods of payment:
(1) Payment in advance: We offer you a payment in advance by bank transfer. If you choose this method of payment, our claim to payment of the agreed price becomes due upon conclusion of the contract, subject to any agreement to the contrary.

(2) Payment by SEPA direct debit: We offer payment by SEPA direct debit. Our claim to payment of the agreed price shall become due after the SEPA direct debit mandate has been issued, as soon as the period for advance notification to make payment by direct debit, so-called prenotification, has expired. This prenotification is a notice to you announcing a payment collection by SEPA Direct Debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least in the amount of the payment. The collection will not take place until the deadline for prenotification has expired and the goods ordered by you have left our warehouse. In the event that collection of payment by SEPA direct debit is not possible because the account specified is not sufficiently covered, incorrect bank details have been provided or you object to the collection without justification, you shall bear those charges incurred by a chargeback by the credit institution concerned.

(3) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”):

PayPal Direct Debit: In this case, the payment processing is carried out by a collection of our claim for payment of the agreed price by SEPA direct debit by PayPal. Our claim to payment of the agreed price shall become due after the SEPA direct debit mandate has been issued, as soon as the period for advance notification to make payment by direct debit, so-called prenotification, has expired. This prenotification is a communication from PayPal on our behalf to you, which announces a payment collection by SEPA direct debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least in the amount of the payment. After issuing a SEPA Direct Debit Mandate, the collection by PayPal will only take place after the deadline for prenotification has expired. In the event that a payment collection by SEPA direct debit is not possible because the specified account is not sufficiently covered, an incorrect bank account was specified or you object to the collection without authorization, you have to bear those fees in the case of a representative must, which arise from a chargeback of the relevant credit institution. You reserve the right to prove that no or only minor damage was caused by the chargeback.

PayPal credit card: In this case, payment will be processed by charging a credit card provided by you in the amount of our claim for payment of the agreed price by PayPal. Our claim for payment of the agreed price is due only after your order has been shipped. We accept credit cards from the providers Master Card, Visa and American Express through our partner PayPal. When selecting this payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card is charged. You will receive further instructions during the ordering process. If you return one or more items, the corresponding value of goods will be credited back to the originally charged credit card. Your credit card data will be transmitted encrypted via SSL. Verified by VISA and MasterCard Secure Code enable the particularly secure processing of credit card transactions on the Internet using special encryption procedures. You do not need any software on your computer. Both customers who are already registered and those who are not yet registered will be automatically redirected to their bank’s site via the payment processing. To complete the order successfully, please follow the steps indicated there.

For a payment processing via PayPal, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for “Payments without a PayPal account” https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply in addition.

(4) You can change the payment method stored in your user account at any time.

VI. reservation of proprietary rights
Until full payment of the purchase price, the delivered goods remain our property.

VII Warranty
(1) We shall be liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.

(2) If you are an entrepreneur, the warranty period for goods delivered by us is twelve (12) months.

(3) In addition to claims based on material defects or defects of title, there may be warranties given by us for certain goods or manufacturer’s warranties granted by manufacturers of certain goods. Such additional warranties shall only apply to the goods delivered by us if such warranties have been expressly given in the order confirmation for the respective goods. Details on the scope of such warranties can be found in the warranty conditions enclosed with the respective goods, if applicable.

(4) If goods are delivered to you that show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the deliverer. However, this shall not affect your statutory or contractual warranty rights.

VIII. Special provisions for services according to customer specifications
(1) Subject to deviating provisions, these General Terms and Conditions shall also apply to contracts in which the subject matter of our performance is not only the delivery of goods but also their processing according to specifications determined by you (“Services according to Customer Specifications”). Subject to the specifications in the respective service description, the following provisions shall also apply.

(2) In order to provide our service, you shall provide us with all content and information required for the processing. This may include content such as texts, images, photos, graphics, drawings, sketches or other content or displayable information. Permissible file formats and sizes as well as further specifications, for example regarding formatting, image sizes, color gamut or color depth, aspect ratios, (minimum) resolution, etc., shall result from the respective service description.

(3) In order to provide our service, you grant us the necessary rights of use to the above content and information.

(4) You are responsible for the above provision of the content and information necessary for the provision of our service as well as for the granting of the rights. It is also your sole responsibility to procure this content and information yourself and to acquire the necessary rights thereto.

(5) You declare and assure,

(a) that you are the owner of the respective rights or are otherwise entitled and authorized to dispose of the contents and information for the provision of our service and to grant us the rights required for this;

(b) that no rights of third parties, in particular copyrights, personal rights or industrial property rights such as design or registered design rights, patent or utility model rights, trademark or other identification rights are infringed.

(6) In the event that third parties assert claims against us for infringement of their rights in the course of contractual use of the aforementioned content and information provided to us, you shall indemnify us against such claims if you are responsible for the infringement. The indemnification also includes those costs in an appropriate amount that are incurred on our side in the event of a necessary legal defense; this includes all court and attorney fees in the statutory amount.

(7) In the event that claims are asserted against us by third parties in the aforementioned case, you shall immediately provide us with all complete and truthful information necessary for the examination of the facts and the legal situation, in particular the claims and the defense.

IX. Special provisions for promotional vouchers
(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers which we provide to you free of charge in connection with promotions, which cannot be purchased, which are only valid for a limited period of time and which can only be redeemed on our website. The following regulations apply to promotional vouchers.

(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. After the expiration of the validity period, promotional vouchers can no longer be redeemed. Promotion vouchers cannot be subsequently offset. You can only redeem one promotional voucher per order.

(3) We are entitled to limit the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Such limitation results from the content of the respective promotion voucher.

(4) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining credit balance, will not be refunded by us.

(5) If you exercise your statutory right of revocation and return the goods in question that you paid for in full or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.

(6) There will be no cash payment of the value of the promotional voucher or its interest.

(7) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the means of payment offered by us.

(8) Promotion vouchers are not transferable to third parties and can only be redeemed by the person named on the promotion voucher. We reserve the right to verify whether the person named on the Promotion Voucher is entitled to use the Gift Voucher; however, we are not obligated to do so.

X. Changes to the GTC or our services
(1) We reserve the right to change our GTC or our services,

(a) if our GTC or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a court or official decision,

(b) if technical or procedural changes that do not have a significant impact on you make it necessary to amend the GTC or our services,

(c) if we offer new or additional services that must be included in the GTC and this does not have any disadvantages for the existing contractual relationship with you, or

(d) if the changes to our GTC or our services are only legally advantageous for you.

(2) You will be notified of any changes in writing, by fax or by e-mail. If you do not object to these changes within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. Your right to object and the legal consequences of silence will be pointed out to you separately.

(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

XI. Data protection
For information on the processing of personal data, please refer to our Privacy Policy.

XII. customer service
If you have any questions, complaints or claims, you can contact us at 087617206959 or by e-mail at [email protected]

XIII. consumer arbitration board
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

XIV. Online Dispute Resolution
The EU Commission has set up an Internet platform for the online settlement of disputes (OS platform) between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/

XV Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.

(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.