Terms

General Terms and Conditions

Terms and conditions under purchase agreements https://martonius.org through the platform

between

Publisher marTONius

Martin Korpowski
Am Schwarzwasser 6
D-04828 Schmölen, Germany

Phone: +49 (0) 176 21956868

Email: info@martonius.org

VAT identification number: DE288318402

— hereinafter “provider” –

and

users of this platform, hereinafter referred to as “Customer/Customer”, as referred to in Section 2 of these Terms and Conditions.

Section 1 Scope, Definitions

(1) The following General Terms and Conditions in their version valid at the time of ordering shall apply exclusively to the business relationship between the supplier and the customer. Deviating terms and conditions of the customer will not be accepted, unless the provider expressly agrees to their validity in writing.

  1. The licensing agreements apparent from the product description or otherwise resulting from the circumstances shall apply to the sale of digital products, in particular to digital products. In the second case, only private use is granted without the right to resell or sublicense.

Section 2 Conclusion of the contract

(1) The customer can select products from the supplier’s assortment and collect them in a so-called shopping cart via the “to the shopping cart” button. Using the “Buy now” button, he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

(2) The supplier then sends the customer an automatic acknowledgement of receipt with the subject “Confirmation of your order with Martonius.org” by e-mail, in which the customer’s order is again listed and which the customer uses the “Print” function. can print. The order of the customer (1) represents the offer to conclude the contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this e-mail or in a separate e-mail, but at the latest at the time of delivery of the goods, the contract text (consisting of order, GENERAL terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.

(3) The contract is concluded in the languages: German.

Section 3 Delivery, availability of goods, payment methods

(1) Delivery times specified by us are calculated from the time of our order confirmation (Section 2 (2) of these GTC), provided that the purchase price is paid in advance.

(2) If the product designated by the customer in the order is not available only temporarily, the supplier shall also inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to terminate the contract. In doing so, he will immediately refund any payments already made by the customer.

(3) The customer can make the payment via PayPal Checkout.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by omission of the date.

 Section 4 Retention of title

Until full payment of the purchase price, the delivered goods remain the property of the supplier.

Section 5 Prices and shipping costs

(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.

Section 6 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from the injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or gross negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for the foreseeable damage typical of the contract if it was caused by simple negligence, unless the customer’s claims for damages arising from a breach of the life, body or health.

(3) The restrictions of paragraphs 1 and 2 also apply to the benefit of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

Section 7 Final Provisions

(1) Contracts between the supplier and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the Provider.

(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if any, the statutory provisions apply. However, insofar as this would constitute an unreasonable hardship for a Contracting Party, the contract as a whole becomes ineffective.

Alternative dispute resolution in accordance with Art. 14 sec. 1 ODR-VO and Section 36 OF the VSBG:

The European Commission provides an online dispute resolution (OPC) platform, which you can find at https://ec.europa.eu/consumers/odr. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides an online dispute resolution (OPC) platform, which you can find at https://ec.europa.eu/consumers/odr. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.