of mainzplus CITYMARKETING GmbH Web Shop
Valid as of: 01 June 2014
§1 Scope of application
(1) The following General Terms and Conditions apply to all business relations between mainzplus CITYMARKETING GmbH (hereinafter: mz+) and the Web Shop goods purchaser (hereinafter: Customer) in the version current at the time of order placement.
(2) These General Terms and Conditions apply exclusively. Any general terms and conditions of the Customer conflicting with those of mz+ shall not be acknowledged without express written consent of mz+.
§2 Contract conclusion, withdrawal
(1) The Customer shall submit an offer according to BGB (German Civil Code) §145 on placing an order to mz+. Order confirmation shall be sent to the Customer by e-mail.
(2) A contract has been concluded with mz+ once mz+ accepts the offer from the Customer. Acceptance by mz+ is subject to availability of the ordered goods. Explicit declaration of acceptance by mz+ to the customer is not required; the customer waives this entitlement according to BGB §151 Clause 1.
(3) Textual, printing or calculation errors on the website, or failure of a supplier of mz+ to deliver ordered goods to mz+ despite a contractual obligation to do so, shall in either case entitle mz+ to withdraw from the contract. The Customer shall be informed as soon as possible that the ordered product is not available. Any sales price already paid shall be refunded.
§3 Returned goods
(1) The Customer may issue written notification (including e-mail) to withdraw from the order or return the goods, or simply return the goods within two weeks. The Customer bears the burden of proof that the goods have been returned for receipt at the proper destination.
(2) After returning the goods, mz+ shall refund the Customer for any sales price already paid to mz+ less any payment transfer fees for payments outside Germany. Any reduction in goods value such as through use shall entitle mz+ to adjust the refund accordingly.
(3) The right to return goods shall not apply to audio or video recordings or software once packaging seals have been opened by the Customer. BGB §312d Para 4 shall otherwise apply.
§4 Shipping, shipping costs
(1) mz+ will not deliver any of the good or services ordered to an address the customer has quoted in the order; transfer of goods and services will only take place on the day of the event at the event venue as per the "Nur Abholung" (collection only) notice on all articles and services in our shop.
§5 Payment, payment deadline
(1) Payment for purchase shall be due on order placement.
(2) The Customer may pay the sales price in advance by bank transfer only. No other payment methods will be accepted.
§6 Reservation of title
The goods shall remain the property of mz+ until full settlement of all accounts outstanding by the Customer.
(1) The Customer shall immediately notify mz+ in writing of any defects on the goods delivered; mz+ shall at its own discretion remedy the defect or replace the defective goods as long as the defect is within the sphere of influence of mz+.
(2) The Customer may withdraw from the contract or demand a reduction in the sales price if the remedy or replacement should fail, or if mz+ is not willing or able to remedy the defect or replace the goods within a reasonable time period for reasons outside the sphere of influence of mz+.
(1) Liability for damages incurred to the customer due to frustration or breach of an obligation essential to the purpose of the contract (cardinal obligation) within the sphere of influence of, or by mz+ shall be limited to such damage as as typical and predictable assuming contractual use of the product. In such a case, liability shall be limited to an amount equal to double the sales price paid for the order in question.
(2) No liability shall be entertained for consequential damages or damages not immediately caused by the goods, or loss of earnings or other financial losses.
§9 Data privacy
(1) Processing personal data
The privacy of all persons purchasing from the mz+ Web Shop shall be respected, and all information related to any individual shall be treated in confidentiality by mz+ as based on statutory requirements including Germany’s Federal Data Protection Act (BDSG) and Information and Communication Services Act (IuKDG).
(2) Use of personal data
Customer data shall only be used my mz+ towards fulfilling a contract in the service of the Customer. All data shall then be deleted. No personal data shall be divulged to any third party.
(3) Security measures to prevent the loss or misuse of personal data
Personal data shall be transferred using encryption technology to ensure maximum confidentiality. The server used by mz+ for the purpose is equipped with various security mechanisms and an authorisation system to prevent unauthorised access by third parties.
§10 Applicable law and court jurisdiction
(1) This Agreement shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.
(2) Court jurisdiction shall be in Mainz.