Terms and conditions
General terms and conditions of Willy Maisel GmbH
napalm-death-merchandising.com (as of August 2020)
§ 1 applicability
The following general terms and conditions apply exclusively to the business relationships between Willy Maisel GmbH and the customer. They only refer to orders that consumers conclude in the sense of § 13 BGB.
§ 2 conclusion of contract
1. The website of Willy Maisel GmbH merely represents a sales prospectus. By displaying the products on the website, Willy Maisel GmbH only asks the customer to submit offers (orders). The order confirmation then sent by email does not lead to the purchase contract.
2. A sales contract comes into effect upon dispatch of our order confirmation within 1 day after receipt of the order or at the latest with delivery of the goods, which then represents the acceptance of the declaration by Willy Maisel GmbH.
3. When ordering from our online shop, the order process comprises a total of 5 steps. In the first step, you select the desired goods. In the second step, a refinement of your products can be specified on request. In the third step, enter your customer data including the billing address and, if necessary, a different delivery address. In the fourth step you choose how you want to pay. In the last step, you have the opportunity to check all details (e.g. name, address, form of payment, ordered items) again and correct them if necessary before you send your order to us by clicking on "Buy now".
4. Willy Maisel GmbH does not accept orders from customers who have not yet reached the age of 18.
§ 3 individually designed goods
1. You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by email. Our possible specifications for file formats must be observed.
2. You undertake not to transmit any data, the content of which violates the rights of third parties or violates existing laws. You expressly release us from all claims made by third parties in this context. This also affects the costs of legal representation required in this context.
3. We do not check the transmitted data for correctness and we do not accept any liability for errors.
§ 4 cancellation policy
1. Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Willy Maisel GmbH, Münchberger Straße 46, 95176 Konradsreuth, firstname.lastname@example.org, Tel .: 09292/519 - 500, Fax: 09292/519 - 720) about your decision to revoke this contract. You can use the attached [model withdrawal form], which is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires. The right of withdrawal does not exist in accordance with Section 312g (2) No. 1 BGB for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer .
2. Consequences of cancellation:
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Model cancellation forum
(If you want to cancel the contract, please fill out this form and send it back.)
Willy Maisel GmbH
Word of Textiles
Münchberger Str. 46
Tel: +49 (0) 9292 519-0
Fax: +49 (0) 9292 1660
I / we * hereby revoke the contract concluded by me / us * for the purchase of the following goods:
• Ordered on * / received on *
• Name of the consumer (s)
• Address of the consumer (s)
• Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable
End of revocation
3. Exceptions to the right of withdrawal
There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
§ 5 delivery
1. Unless otherwise agreed, delivery is ex works from Willy Maisel GmbH to the delivery address specified by the buyer. The transfer of risk only occurs when the goods are handed over to the customer. Delivery within Germany, Belgium, Bulgaria, Bosnia, Denmark, Germany, Estonia, Finland, France, Greece, Great Britain, Herzegovina, Ireland, Iceland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Netherlands, Norway , Austria, Poland, Portugal, Romania, Sweden, Slovak Republic, Switzerland, Serbia, Slovenia, Spain, Czech Republic, Turkey, Hungary, Ukraine, Belarus, Cyprus is carried out by the logistics service provider DHL.
2. The delivery time is 5 days for unfinished goods and 10 days for finished goods. If Willy Maisel GmbH determines during processing of your order that the products you have ordered are not available, you will be informed of this separately by e-mail. A contract for the unavailable goods is not concluded.
§ 6 prices and shipping costs
1. All prices stated on the seller's website include the applicable statutory sales tax.
2. The seller informs the customer of the respective shipping costs on the website. The buyer has to bear these costs. As follows from § 3, the customer bears the direct costs of returning the goods even in the event of a revocation.
§ 7 warranty
The consumer is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 ff. BGB. In particular, the customer can request supplementary performance (new delivery or rectification of defects). However, Willy Maisel GmbH is entitled to refer the customer to new delivery if the rectification of the defect would involve disproportionate effort. The warranty claims expire two years after delivery of the goods. The buyer should make his warranty claims stating the order number, his name and address as well as briefly stating the reasons. At Willy Maisel GmbH's request, the customer will send the defective goods for inspection at the cost and risk of Willy Maisel GmbH to the following address: Willy Maisel GmbH, Münchberger Str. 46, 95176 Konradsreuth.
§ 8 payment modalities
Willy Maisel GmbH accepts the payment methods shown during the order process, such as payment by credit card, paydirekt, EC card or in advance.
§ 9 retention of title
The delivered goods remain the property of Willy Maisel GmbH until full payment.
§ 10 Offsetting, retention
The customer is only entitled to offset if his counterclaims are undisputed or have been legally established or the claims for offset originate from the same contractual relationship.
§ 11 online dispute resolution and consumer arbitration
1. Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
2. In principle, the company Mustermann is not willing and obliged to participate in dispute settlement proceedings before a consumer arbitration board within the framework of the VSBG.
§ 12 data protection
The customer's personal data, which becomes known to Willy Maisel GmbH in the context of a business relationship, are stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will be treated confidentially. We collect, store and use the data in accordance with the applicable data protection regulations of Willy Maisel GmbH. These data provisions are available [here] in printable form.
§ 13 Storage of the order text
The order text is not saved by us and can no longer be called up after the order process has been completed. The information from the ordering process will be sent to you again with the e-mail confirmation of your order. You can also print out your order details immediately after submitting the order.
§ 14 final provisions
The law of the Federal Republic of Germany applies to all contracts between Willy Maisel GmbH and the customer, excluding the UN Sales Convention. This choice of law only applies to the extent that it does not remove the mandatory consumer protection regulations of the state in which the consumer is habitually resident at the time of his order.
§ 15 website provider
The under the domain napalm-death-merchandising.com
offered website is operated by
Willy Maisel GmbH
Münchberger Str. 46
represented by the managing director: Dipl.-Kfm., Dipl.-Ing. Willy Maisel
Dipl.-Kfm., Dipl.-Ing. Willy Maisel
Telephone: 09292/519 - 500
Register court: Hof HRB 2480 Tax ID No .: DE812055777 Tax No .: 223/142/40077