General Terms and Conditions and consumer information in the context of purchase contracts concluded via the webshop between ANONUEM Mix – hereinafter referred to as “Supplier” – and the customer – hereinafter referred to as “Customer”.

§ 1 Scope of application and general information

(1) Subject to individual arrangements and agreements, which take precedence over these GTC, the following General Terms and Conditions apply exclusively to the business relationship between the Supplier and the Customer in the version valid at the time of the order. Conflicting terms and conditions of the customer shall expressly not apply unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) All offers in the provider’s web store merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the supplier has received the customer’s order, the customer first receives a confirmation of his order with the supplier, usually by e-mail (order confirmation). This does not constitute acceptance of the order. After receipt of the order, the supplier will check it shortly and inform the customer within 2 working days whether he accepts the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days. The ordering process in the provider’s webshop works as follows:

(2) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking the “Submit order” button, the customer submits a binding request to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and thereby included them in their application.

(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

(1) The subject matter of the contract shall be the goods specified by the customer in the order and the order confirmation.
and/or order confirmation at the final prices stated in the webshop. Errors and omissions excepted, in particular. as far as the availability of goods is concerned.

(2) The quality of the ordered goods is determined by the product descriptions in the webshop. Illustrations on the website may not accurately reflect the products; in particular Colors may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance specifications are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the supplier.

(3) If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. A contract is not concluded in this case.

(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he shall reimburse any payments already made by the customer without delay.

§ 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Delivery, prices, shipping costs

(1) Delivery (delivery to the shipping company) shall take place immediately after receipt of payment (in the case of payment by bank transfer), otherwise immediately after dispatch of the order confirmation.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. From an order value of EUR 85.00, the supplier delivers to the customer free of shipping costs.

(3) The goods shall be dispatched by post. The goods will only be shipped insured.

§ 6 Payment modalities

(1) The customer can pay in advance by credit card or Paypal.

(2) Payment of the purchase price is due immediately upon conclusion of the contract.

§ 7 Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.

(3) Essential contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

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

§ 9 Information on data processing

(1) The provider collects customer data as part of the processing of contracts. In doing so, it observes the statutory provisions. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of teleservices.

(2) Without the customer’s consent, the provider shall not use the customer’s data for the purposes of advertising, market or opinion research.

(3) The customer has the option of accessing, changing or deleting their stored data at any time by clicking on the “My data” button in their profile. In addition, with regard to the customer’s consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider’s website via the “Data protection” button.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.

(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 provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid.

Source: Attorney Metzler – Lawyer for
Competition law, trademark law and internet law