Terms & Conditions
General terms and conditions
Terms of contract within the framework of purchase contracts concluded via the platform: www.modernmind.eu
Am Wiesengrund 4
- hereinafter referred to as "vendor" -
the users of this platform designated in § 2 of these terms - hereinafter referred to as "customer/customers".
§ 1 Scope of application
For the business relationship between the supplier and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the vendor's assortment and collect them in a so-called shopping cart via the button "Add to Cart". Via the button "Buy now" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The vendor then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order at modernmind.eu" by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the vendor. In this, the content of the order is summarized. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, T&C and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection.
(3) The contract is concluded in the languages: German, English.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these terms), provided prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also notify the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. The vendor is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The customer can process the payment by bank transfer and the payment methods available in the store.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of ownership
Until full payment of the purchase price, the delivered goods remain the property of the vendor.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the vendor are inclusive of the applicable statutory value added tax.
(2) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The vendor shall be liable for material defects in accordance with the applicable statutory provisions, in particular § 434 et seq. BGB.
§ 7 Liability
(1) Claims of the customer for damages are excluded. In particular, claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages, the vendor, its legal representatives or agents are based excluded. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) The vendor shall not be liable for factors that limit the provision of services or make it impossible, such as:
- Environmental disasters
- Seizures of the goods by state authorities, law enforcement officers & judiciary or others
- International economic crises
- Changes in the law that make the trade of the offered substances impossible
- Non-delivery of goods by the manufacturer caused by postal strikes etc.
- Illness/death of governing bodies
- Economic embargoes
- Freezing of payment accounts
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the vendor if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Notes on data processing
(1) The vendor collects data from the customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the vendor shall only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the vendor shall not use the customer's data for the purposes of advertising, market research or opinion polling.
§ 9 Protection of minors
(1) If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the customer in person.
§ 10 Final provisions
(1) Contracts between the vendor and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If 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 vendor shall be the vendor's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.