Terms of service
- 1 Scope of application
1.1 These General Terms and Conditions apply to all business relationships between Let's go MIND, Geibelgasse 24, 1150 Vienna, Austria (hereinafter: Let's go MIND or "we") and consumers and entrepreneurs (hereinafter: customers) regarding physical products (e.g. notebooks, pens) and digital content (e.g. eBooks).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.3 The General Terms and Conditions shall apply in the respective version current at the time of conclusion of the contract. If you, as an entrepreneur, use conflicting or supplementary general terms and conditions, these shall only become part of the contract if we have expressly agreed to them.
- 2 Conclusion of contract
2.1 Your contractual partner is Let's go MIND.
2.2 The presentation of our product range in online shops does not constitute a legally binding offer within the meaning of §§ 145 ff of the German Civil Code (BGB), but a non-binding online catalogue. Our product range consists of physical products (hereinafter: product/s) and digital content (hereinafter: downloads). You can place products and downloads in the shopping basket without obligation. You can make corrections at any time in the ordering process before sending the order. You place a binding order for the products and downloads contained in the shopping basket by clicking on the order button ('buy'). Immediately after sending the order, you will receive a confirmation of receipt of your order by e-mail.
2.3 When a contract with us is concluded depends on the payment method you choose:
- a) Invoice:
- for products: with your click on the order button and dispatch of the goods or the confirmation of dispatch by e-mail from us
- for downloads: with your click on the order button and provision of the download by us
- b) Direct debit (SEPA direct debit):
- for products: with your click on the order button and dispatch of the goods or confirmation of dispatch by e-mail by us
- for downloads: with your click on the order button and provision of the download by us
- c) Credit card: with your click on the order button.
2.4 If we are unable to accept your offer, you will be informed that the product is not available instead of accepting the order. Any payments you have already made will be refunded immediately.
2.5 We store the text of the contract. You will receive your order data and these General Terms and Conditions by e-mail. Upon request, we will provide you with a copy of the order data.
2.6 We conclude contracts exclusively in German or English.
- 3 Payment
3.1 All prices include the statutory value added tax. Shipping costs may be added to the stated product prices. You will find more information on the amount of the shipping costs on the offer or on the help pages.
3.2 We only accept the payment methods displayed during the order process. We do not charge any additional costs for all payment methods. For transfers from abroad, bank charges may be levied by the credit institution. If we have a valid e-mail address, the invoice will be sent by e-mail two days after the goods have been dispatched or the download has been made available.
3.3 The following payment methods are generally available to you:
- b) Direct debit (SEPA direct debit):You issue us with a SEPA direct debit mandate when placing the order. In the invoice you will be informed about the date of the direct debit (so-called prenotification). The account will be debited four working days after the invoice has been sent. The period for advance notice of the date of the account debit (so-called prenotification period) is four working days.
- c) Credit card: You provide us with your credit card details and we check your legitimacy. Immediately after placing your order, we block the invoice amount with the credit card company. The final charge to your credit card will be made no earlier than one day after the invoice has been sent (on Mondays or Thursdays).
3.4 Restrictions on the choice of payment methods may arise as a result of credit checks.
3.5 You are only entitled to set-off if and insofar as your counterclaims have been legally established, are undisputed or have been recognised by us. You may not arbitrarily deduct postage costs that you have paid for the return of goods from the invoice amount. You are only entitled to exercise a right of retention if your counterclaim is based on the same purchase contract.
3.6 If goods are imported into countries outside Germany, there may be export restrictions and import duties and taxes may be payable by you. These vary in different customs territories. You are responsible for the proper payment of the necessary customs duties, taxes and fees.
3.7 If you exercise your right of cancellation, you shall bear the direct costs of returning the goods.
- 5 Retention of title
5.1 The goods remain our property until full payment has been made.
5.2 For entrepreneurs, the following shall apply in addition: we shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business. You assign all claims arising from this resale to us in advance in the amount of the invoice amount and we accept this assignment. You remain authorised to collect the claims. We shall also be entitled to collect the claims ourselves insofar as you fail to meet your payment obligation.
- 6 Transport damage
6.1 The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. By doing so, you help us to be able to assert our own claims against the carrier or the transport insurance.
6.2 The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
- 7 Customer reviews
If you write a customer review, we are entitled to display this text via all channels, e.g. stationary, online shop, and social media appearances of Let's go MIND. We reserve the right not to display a review or to display it only for a limited period of time and, if this is required for legal reasons (e.g. in the event of a violation of personal rights), to display it in abbreviated form. Customer reviews exclusively reflect your opinion and do not necessarily agree with our opinion.
- 8 Warranty
8.1 We shall be liable for defects within the scope of the statutory provisions.
8.2 For contracts with consumers, the warranty period is 2 years from delivery of the goods. For entrepreneurs, the warranty period is limited to one year from the transfer of risk.
- 9 Liability
9.1 We exclude liability for slightly negligent breaches of duty insofar as
- a) this does not concern guarantees or obligations essential to the contract, i.e. obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the contractual partner regularly relies and may rely, b) it does not concern damage resulting from injury to life, limb or health, c) claims under the Product Liability Act remain unaffected.
9.2 In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9.3 The same applies to breaches of duty by our legal representatives or our vicarious agents.
- 10 Protection of minors
If your order includes products whose sale is subject to age restrictions, we shall ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check.
- 12 Dispute resolution
12.1 As of 15 February 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. In this context, we are legally obliged to inform you of our e-mail address. This is: firstname.lastname@example.org.
12.2 We will endeavour to settle any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in any arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
- 13 Final provisions
13.1 The legal relationship between you and us shall be governed by German law without the conflict of laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISGG). If the customer is a consumer, the law of the customer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
13.2 If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Hagen shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
13.3 Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the rest of the Terms and Conditions.
13.4 Depending on the end device, you can print and/or save this document ("Save file as").