General Terms and Conditions (GTC)
for the online shop available at:
Operated by:
MAXIMEBEL
Emmericher Str. 100
47138 Duisburg
Germany
E-mail: maximebel.com@gmail.com
Phone: +49 176 63741225
Hereinafter referred to as the "Seller".
1. Scope of Application
These General Terms and Conditions (GTC) shall apply to all contracts concluded through the online shop for the purchase of goods, services, or other products (hereinafter referred to as "Goods") via the above-mentioned website.
The version of these GTC valid at the time of conclusion of the contract shall apply.
These GTC apply exclusively.
Any conflicting or deviating terms and conditions of the Customer shall not become part of the contract unless the Seller has expressly agreed to them in writing.
2. Conclusion of the Contract
2.1
The products and services displayed in the online shop constitute a non-binding invitation for customers to submit an offer to purchase the Goods.
2.2
Orders are placed via the online order form available in the online shop.
After:
- selecting the desired Goods;
- entering all required information;
- completing all mandatory steps of the ordering process,
the Customer may submit the order by clicking the order button at the end of the checkout process.
By placing an order, the Customer submits a legally binding offer to purchase the selected Goods.
The contract is concluded when the Seller accepts the Customer's offer.
Acceptance may occur by:
- sending an order confirmation via e-mail or other text form;
- delivering the ordered Goods to the Customer;
- requesting payment (e.g. invoice or payment during checkout).
The contract shall be deemed concluded at the moment when the first of these actions occurs.
2.3
Before submitting the order, the Customer has the opportunity to review all entered information and correct any errors using the available input methods such as:
- keyboard;
- mouse;
- touchscreen;
- or other available input devices.
Before the final submission, all entered data are displayed again in a confirmation window and may still be corrected.
2.4
After the contract has been concluded, the Seller stores the contract text and sends it to the Customer in text form (for example, by e-mail).
The Seller does not provide any additional permanent access to the contract text.
If the purchase was made through a customer account, the Customer may view previous orders and related order information in the account area.
2.5
The contract may be concluded in the following languages:
- German
- Russian
- English
3. Right of Withdrawal
Consumers have the statutory right to withdraw from contracts concluded at a distance or outside business premises.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Detailed information regarding the right of withdrawal is provided in the Withdrawal Policy, which is made available to every consumer before the conclusion of the contract.
4. Prices and Payment
4.1
The prices displayed in the online shop at the time of placing the order shall apply.
All prices include the applicable statutory Value Added Tax (VAT).
Shipping costs, where applicable, are charged separately and are displayed during the ordering process.
The available payment methods are shown in the online shop.
4. Payment and Default
4.2 SEPA Direct Debit
If payment by SEPA Direct Debit has been agreed, payment is due immediately after the conclusion of the contract.
Before the purchase price is debited, the Customer will receive a pre-notification informing them:
- of the upcoming debit;
- of the expected debit date.
The payment will not be debited before the Customer has received the pre-notification and not before the date specified therein.
If the direct debit fails due to insufficient funds, incorrect bank details, or any other reason attributable to the Customer, the Customer shall bear any resulting bank charges or return debit fees.
4.3 Credit or Debit Card
If payment by credit or debit card is selected, the purchase price becomes due immediately upon conclusion of the contract.
4.4 PayPal
If PayPal is selected as the payment method, payment is due immediately upon conclusion of the contract.
Payments are processed by:
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22–24 Boulevard Royal
L-2449 Luxembourg
4.5 Sofort Bank Transfer
If Sofort Bank Transfer (Sofortüberweisung) is selected, payment is due immediately upon conclusion of the contract.
Payments are processed by:
Sofort GmbH
Theresienhöhe 12
80339 Munich
Germany
4.6 Apple Pay
If Apple Pay is selected, payments are processed by:
Apple Inc.
Infinite Loop
Cupertino, California 95014
USA
Payment is due immediately upon conclusion of the contract.
4.7 Google Pay
If Google Pay is selected, payments are processed by:
Google Ireland Limited
Gordon House
Barrow Street
Dublin 4
Ireland
Payment is due immediately upon conclusion of the contract.
4.8 VISA
If VISA is selected, payments are processed by:
Visa Europe Services Inc., London Branch
1 Sheldon Square
London W2 6TT
United Kingdom
Payment is due immediately upon conclusion of the contract.
4.9 Klarna
If Klarna is selected, payments are processed by:
Klarna AB
Sveavägen 46
111 34 Stockholm
Sweden
Klarna offers various payment methods, including:
- installment payments;
- invoice payments;
- other payment options.
Unless otherwise stated, payment is due immediately upon conclusion of the contract.
4.10 Giropay
If Giropay is selected, payment is due immediately upon conclusion of the contract.
Payments are processed by:
paydirekt GmbH
Stephanstraße 14–16
60313 Frankfurt am Main
Germany
5. Retention of Title
The Goods shall remain the property of the Seller until the purchase price has been paid in full.
6. Delivery and Reservation of Self-Supply
6.1
Unless otherwise agreed, delivery shall be made within the delivery period specified in the online shop to the delivery address provided by the Customer.
The applicable delivery times are displayed in the online shop.
6.2
For freight deliveries, the Goods shall be delivered kerbside ("frei Bordsteinkante"), unless otherwise agreed.
This means that delivery is made to the nearest publicly accessible kerb at the specified delivery address.
Carrying the Goods into the building, apartment, office, or any other premises is not included, unless expressly agreed otherwise.
6.3
Collection of Goods by the Customer is not available.
6.4
If the Seller is unable to deliver the ordered Goods because the Seller has not been supplied by its own supplier through no fault of its own, despite having concluded a corresponding supply contract in due time, the Seller shall be released from its obligation to perform and may withdraw from the contract.
In such a case, the Seller shall:
- immediately inform the Customer about the unavailability of the Goods;
- promptly refund any payments already received.
Mandatory statutory consumer rights shall remain unaffected.
7. Warranty
The statutory warranty provisions for defects shall apply.
8. Liability and Indemnification
8.1 Unlimited Liability
The Seller shall be liable without limitation:
- for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Seller, its legal representatives, or persons engaged in the performance of its obligations;
- for damages caused by an intentional or grossly negligent breach of duty by the Seller, its legal representatives, or persons engaged in the performance of its obligations;
- where liability arises from an expressly granted guarantee, unless otherwise agreed;
- in all cases of mandatory statutory liability, including but not limited to liability under the German Product Liability Act (Produkthaftungsgesetz).
8.2 Limitation of Liability
If the Seller negligently breaches a material contractual obligation, liability shall be limited to damages that are:
- typical for this type of contract; and
- reasonably foreseeable at the time the contract was concluded.
Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose performance the Customer may regularly rely.
8.3 Exclusion of Further Liability
Except as provided above, any further liability of the Seller, its employees, legal representatives, and agents shall be excluded to the extent permitted by applicable law.
8.4 Indemnification
The Customer shall indemnify and hold the Seller harmless against any claims asserted by third parties, including reasonable legal costs, arising from any unlawful or contractual breach committed by the Customer.
9. Data Protection
The Seller processes all personal data of its customers confidentially and in accordance with the applicable data protection laws.
Further information can be found in the Seller's Privacy Policy.
10. Final Provisions
10.1 Governing Law
These Terms and all legal relationships between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the Customer is a consumer residing in another Member State of the European Union, this choice of law shall not deprive the Customer of the mandatory consumer protection provisions of the country of their habitual residence.
10.2 Place of Jurisdiction
If the Customer is:
- a merchant;
- a legal entity under public law;
- or a special fund under public law,
the exclusive place of jurisdiction shall be the registered office of the Seller, unless mandatory statutory provisions provide otherwise.
This shall also apply if the Customer has no general place of residence within the European Union.
The registered office of the Seller is stated at the beginning of these General Terms and Conditions.
10.3 Severability Clause
Should any provision of these General Terms and Conditions become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The remaining provisions shall continue to apply in full.
11. Information on Online Dispute Resolution / Consumer Dispute Resolution
The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The Seller's e-mail address can be found at the beginning of these General Terms and Conditions.