General Terms and Conditions and Right of Withdrawal

1. Scope of application

1.1. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between Mondecks, Leiblstr. 2, 12435 Berlin, Germany (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of placing the order.1.2. A consumer within the meaning of these GTC and the withdrawal policy is every natural person who enters into a legal transaction for a purpose that is mainly outside his trade, business or profession (Section 13 German Civil Code). An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 (1) German Civil Code).1.3. Deviating terms and conditions of the Customer shall not be accepted, unless their validity has been expressly agreed by the Seller.1.4. The contractual language shall be English.


2. Products and performance specifications

2.1. The presentation of products in the online store does not constitute a legally binding offer, but merely an invitation to place an order. Performance specifications in catalogues and websites of the Seller should not be construed as an assurance or guarantee.2.2. All offers are valid “while stocks last”, unless otherwise stated in the product description. Any responsibility for errors is hereby excluded.


3. Conclusion of a contract
Orders can be placed with Mondecks by using the shopping bag on the website (www.mondecks.com) The order is a binding offer of the customer to conclude a sales contract.Mondecks can accept the customer’s offer mentioned in the order within 5 calendar days. If this does not happen (no order confirmation, no conclusion of the contract over the phone within the specified period), the customer’s offer shall be considered as rejected.

 

4. Orders via the website (shopping bag)

Order can be placed via www.mondecks.com using a shopping bag system equipped with a secured connection (https-Protocol/SSL-Encryption) in the following three steps.

Step 1

The customer can add the products of his/her interest to the shopping bag by clicking on the “shopping bag” function. The customer can use the “shopping bag” button (on the right in the navigation menu) to view the shopping bag at any time. He/she can view the products in the shopping bag, their prices and quantities. In the “Quantities” column, the customer can select the “Remove item” function in the “pull-down menu” to remove any selected product from the shopping bag.

Step 2

The customer can click on the “Checkout” button to go to step 2, where he/she must enter the address, email address and telephone number. He/she can also specify a delivery address that is different from the invoice address.

Step 3

The order is completed in step 3. The invoice and delivery address is displayed again to the customer. He/she can use the “Change data” button to correct incorrect entries. Before completing the order, the customer must select one of the available payment methods. Once the customer clicks on the “Buy” button, it shall be considered that the customer has accepted the Terms which can be viewed at any time. The customer can always cancel the previous order step and make changes. After clicking on the “Buy” button, the customer will immediately receive an email indicating the receipt of his/her order. The receipt confirmation is normally sent along with the order confirmation email.


5. Prices / shipping costs
There is no minimum order value at Mondecks. All prices are specified in Euro and are inclusive of the statutory sales tax (VAT). Prices specified at the time of concluding the order shall be applicable. The sales tax is specified separately in the invoices.Additional customs duties and charges may be applicable for deliveries in non-EU countries. Mondecks is not responsible for any customs duty or import tax that may arise, this is the sole responsibility of the buyer.


6. Payment conditions / reservation of proprietary rights / Electronic Invoice

Payment methods

Mondecks accepts payments per bank transfer, Paypal, Sofortüberweisung, and credit card (Visa, Master Card and American Express).

Money transfer via Sofortüberweisung

sofortüberweisung.de is an easy-to-use direct money transfer method that complies with the high security standard of online banking and TÜV-certified data protection. One does not need to register, transfer money to an intermediate account or send credit card details. sofortüberweisung.de uses the sofortüberweisung.de payment form, which is secured and not accessible to dealers, to automatically transfer money from your online banking account in real time. The amount is transferred immediately and directly to the dealer’s bank account. Products can then be immediately dispatched and services can be immediately rendered.

PayPal

The procedure prescribed by PayPal is used for payments via PayPal. If payments are made via PayPal, Mondecks does not receive the customer’s bank account details.

Credit card

For credit card payments, Mondecks does not receive the customer’s details. The data is transferred using a secured connection (SSL-encrypted). The customer’s credit card account is debited once the order is completed.


7. Shipping / delivery time
Orders are dispatched via DHL.If delivery fails due to reasons in the customer’s domain, the customer carries any additional shipping costs should the order be re-sent. It is further the customers responsibility to ensure that the delivery can be made successfully during business and delivery hours to the specified delivery address. Mondecks carries the risk of loss insofar that the customer is a consumer. The risk of loss and accidental damage is transferred to the customer upon receipt of the goods.Mondecks also reserves the right to entrust another company with delivery.


8. Acceptance of the delivery by the customer
The customer should not accept packages that are visibly damaged on the outside without registering a complaint as this will make the verification of a damaged consignment during transit at the cost of Mondecks difficult or may rule out such a possibility. When accepting the consignment, the customer must therefore ensure that the delivered package is not damaged on the outside. If the package is visibly damaged and therefore damage to its contents is obvious, the customer must show this to the delivery agent and let the delivery agent make a suitable note and should retain a copy of this note.

 

9. Consumers’ right to withdraw (Cancellation policy)

Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The cancellation 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 last good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 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.

 

Mondecks 
c/o Armando Torres
Oppelnerstr. 14
10997 Berlin
Germany 
contact@mondecks.com
 

10. Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will collect the goods. You will have to bear the direct cost 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.


11. Return instructions

11.1. The guidance provided in this section (“Return instructions”) shall not be construed as a precondition for the effective exercise of the right of withdrawal.11.2. Customers are requested to notify the Seller of their intention to return the goods before sending the goods back to the Seller. This enables the Seller to track the goods quickly and efficiently. Customers are requested to send the goods as a prepaid package back to the Seller and to keep the proof of posting. Customers are advised to prevent the goods from being damaged or contaminated. The goods should be returned to the Seller preferably in original packaging together with all the supplied accessories. Where the original packaging is no longer available, the goods should be placed in another suitable packaging to ensure they are adequately protected against transport damage.


12. Warranty for material defects

12.1. The warranty shall be governed by statutory provisions.

12.2. The goods supplied by the Seller shall only be covered by a warranty if this has been expressly indicated by the Seller. Customers are informed about the warranty conditions prior to placing the order.

12.3.  Obvious defects in the goods or any damage caused during shipment of the goods MUST BE REPORTED IMMEDIATELY, in writing, within 6 DAYS of delivery. Please also include clear pictures of the defects or damage and send to the above mentioned email address. If this report is not submitted within 6 days of delivery, the goods shall be deemed approved. DUE TO DHL POLICY, INSURANCE CLAIMS FOR GOODS DAMAGED DURING SHIPMENT ARE NO LONGER POSSIBLE AFTER THE 6TH DAY OF DELIVERY.

13. Data protection

13.1.The Seller shall process personal data of the Customer only for the intended purpose and in accordance with statutory provisions.13.2.The personal data provided by the Customer for the purpose of ordering goods (e.g. name, email, address, payment information) may only be used by the Seller to fulfil and execute a contract. This data shall be treated confidentially and not disclosed to third parties, who are not involved in the ordering, delivery and payment process.13.3.Upon request, the Customer shall be entitled to receive information about the personal data relating to him stored by the Seller at no charge. In addition, the Customer has the right to correct inaccurate information and to block and delete his personal information, insofar as this does not conflict with any statutory retention requirements.13.4.Further information about the nature, scope, location and purpose of collecting, processing and use of personal data required by the Seller can be found in the privacy policy.