Conditions of Use
Operating authority of the on-line shop:
Owner: Andreas Treder
Am Hasenberge 21, D-30823 Garbsen
Phone: +49 (0) 5137 - 890 17 59
Sales tax-identification numbers: DE177013825
a) the following general terms and conditions (general terms and conditions) count to all sales contracts which the company musthave.de,
owner Andreas Treder, Am Hasenberge 21, D-30823 Garbsen (in the following„ musthave.de“) closes with the customer or whose
conclusion she provides for the customer with her cooperation partners.
b) deviant, conflicting or complementary general terms and conditions expressly count as impossible, unless, her validity is agreed
expressly in writing.
c) "Salesclerk" for the purposes of these general terms and conditions is musthave.de, as far as the customer closes the sales contract
with musthave.de as a contracting partner. In cases of the mediation of the conclusion of a sales contract with a cooperation partner by
musthave.de is“ Salesclerk“ the corresponding cooperation partner.
d) "Consumers" for the purposes of these general terms and conditions are natural persons with whom the salesclerk steps in business
relations, without this one commercial or independent professional activity can be added.?? e) "entrepreneurs" for the purposes of these
general terms and conditions are natural or legal persons or partnerships capable of right with whom musthave.de or the partner step in
business relation and in exercise of a commercial or independent professional activity act.?? f) "customer" are for the purposes of these
general terms and conditions consumer as well as entrepreneur.
2 conclusion of the contract
a) the supplies of the salesclerk are not-binding and non-binding. All supplies image merely one request to the customer to hand in
a supply for the conclusion of a sales contract towards the salesclerk. They have the possibility to close the sales contract into
German or English, language. b) the order images a binding supply of the customer. This also counts to orders about distant
communicative device (e.g., Internet, by e-mail, phone, fax, letter). With the order of a product the customer explains obligingly to want
to acquire the ordered product. Schlauershoppen.de will confirm the access of the order of the customer immediately with the first e-mail.
This access confirmation still images no obliging acceptance of the order. The salesclerk is entitled to accept the contract offer lying in
the order within two weeks after his entrance. The acceptance is explained by a written purchase or or by delivery of the ordered product
to the customer. With it the contract becomes effective. The order process is stored from musthave.de. c) the conclusion of the contract
follows under the reservation not to perform in case of not more properly or not proper selfsupply, or only partially. Should an ordered
article not be available, the salesclerk is entitled to free himself of the contractual obligation for the delivery. The salesclerk undertakes
at the same time to inform the customer immediately about the non-availability and to refund possibly preserved quid pro quo
All prices get on including the legal sales tax and plus the packing charges stated on the website in each case and forwarding expenses.
On payment cash on delivery an additional fee at the rate of 2 EUR becomes due which the delivery agent raises on site. On credit card
payment we a surcharge of 2% of the commodity value calculated which is expelled on the order page. The charge of your credit card
account follows with conclusion of the order.
4 retention of title
a) the salesclerk reserves himself the property in all products delivered by him up to their entire payment.
b) The customer is obliged to treat the product devotedly. The customer is not entitled to the Verpfändungen or protective conveyances
of the reservation product. About accesses by third on for the protection to serving, under retention of title delivered product as well as a
change of ownership the customer of the salesclerks immediately has to inform.
5. Right of return
Right of return
They can return the preserved product without specification of reasons within 14 days by return of the product. The period begins on
receipt of this instruction in text form (e.g., as a letter, Telefax, e-mail), however, not before entrance of the product with the consignee
(by the returning delivery of products of the same kind not before entrance of the first part delivery) and also not before fulfilment of our
info duties according to article 246 §2 in connection with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312 e
paragraph 1 clause 1 Civil Code in connection with article 246 §3 EGBGB. Only with paketversandfähiger product
(e.g., with unwieldy goods) you cannot explain the return also by taking back desire in text form. For the protection of the period the
timely sending of the product or the taking back desire is enough. In any case, there follows the return on our expenses and danger.
The return or the taking back desire wears to follow:
Am Hasenberge 21
With taking back desire the product is puck up with you.
In case of an effective return the performances received on both sides zurückzugewähren and if necessary pulled uses
(e.g., use advantages) are to be published. With a deterioration of the product worth substitute can be required. This does not
count if the deterioration of the product is to be led back exclusively on their audit - as she would have been possible to you possibly
in the retail shop. For the rest, you can avoid the duty to the worth substitute with one by the designated putting into use of the case
resulted deterioration, while you do not take the product like your property in Gebraucher and omit from everything what impairs their value. Liabilities to the allowance of payments must be fulfilled within 30 days. The period begins for you with sending the product or the
taking back desire, for us with the reception.
End of the return instruction
6. Passing of risk
a) with consumers passes over the danger of the accidental setting and the accidental deterioration of the purchased product always
in the handing over of the product on the consumer.?? b) with entrepreneurs passes over the danger of the accidental setting and the
accidental deterioration of the product in the handing over, by the sending purchase with the delivery of the product to the forwarding
agent, the carrier or, otherwise, for the execution of the sending to certain persons or institution on the entrepreneur.
a) Consumers have the choice whether the subsequent performance should follow through removal of the shortage (finishing touches)
or spare delivery. The salesclerk is entitled to refuse the kind of the elective subsequent performance if it is possible only with
disproportionate expenses and remains the other kind of the subsequent performance without considerable disadvantages for the consumer.
b) opponent to entrepreneurs the salesclerk is entitled by presentation of a shortage at first after his choice to the finishing touches or to the
spare delivery. c) misses the subsequent performance, the customer can require lowering of the reimbursement (decrease) or cancellation
of the contract (resignation) basically for his choice. Nevertheless, with only slight shortages no right of withdrawal is entitled to the customer.
d) Choosing the customer because of a defect of title or material defect after failed subsequent performance the resignation of the contract,
no claim for compensation is entitled to him besides because of the shortage.
e) entrepreneurs have to reprimand evident shortages within 10 days from reception of the product in writing. Not evident and with proper investigation recognizable shortages the entrepreneur does not have to reprimand within 10 days after her discovery in writing.
With Observance of the rebuke period a guarantee is not considered for the shortages affected of it.
f) the warranty period for consumers amounts two years from delivery of the product. The warranty period for entrepreneurs amounts
a year from delivery of the product. The one-year-old warranty period does not count if coarse fault is accuseable as well as in case
of from foul play, the salesclerk imputable body damages and health defects and with loss of the life of the customer to the salesclerk.
The liability according to the product liability law remains untouched from this.
g) the salesclerk does not stick for shortages of the delivered product which were caused by the fact that the product had been treated
improperly or has been changed in a way not sanctioned by the salesclerk. Same counts to the case that the customer has not obeyed
the regulations about the treatment, servicing and care of the product (e.g., operating instructions).
8 restriction of liability and liability exemption
a) The salesclerk does not stick by slightly negligent duty injury of inessential contractual obligations. In case of the slightly negligent
injury of an essential contractual obligation the liability of the salesclerk on in the kind of the product limits itself predictable damage
typical for contract. By essential contractual obligations are to be understood such duties whose fulfilment generally only allows
the proper realization of the contract and may trust in their observance of the contracting partners regularly.
b) The precalled restrictions of liability do not concern claims of the customer from product haftung. Further the restrictions of liability
do not count with the salesclerk for imputable body damages and health defects or with loss of the life as well as with malicious
concealment of a shortage or acquisition of a guarantee.
c) As far as the liability of the salesclerk is excluded or is limited, this also counts to his office workers, employees and fulfilment
9 data security
a) The protection of the personal dates of the customer is to the salesclerk an especially important concern. The salesclerk handles
with the dates transmitted by the customers carefully and conscientiously.
b) With the elevation, processing and use of the dates of the customer the salesclerk strictly keeps to the legal regulations for the
data security, in particular the German Federal Data Protection Act and the tele media law. We store the contract text and send the
order dates and our general terms and conditions by e-mail to you. You can see their past orders in our customer Login sphere.
d) Details to the data security with musthave.de are to be taken from the data security info from musthave.de.
10 compensation and retention
a) The customer has a right to the compensation only if his counterclaims were ascertained legally or were recognized by the salesclerk.
The customer can carry out a right of retention only if his counterclaim is based on the same contractual relationship.
b) The customer is authorized only in this respect to the exercise of a right of retention when his counterclaim is based on the same
Of 11 final regulations
a) for all acts of legal significance between the salesclerk and the customer counts the right of the Federal Republic of Germany.
The UN convention about the international purchase and sales of products (CISG) finds no application. Untouched compelling
regulations of the state in which the customer has his usual stay remain. b) actual customer businessman, legal person of the public
right or public service special legal estate, exclusive jurisdiction for all litigations from this contract is Hannover. The same counts if
the customer has no place of general jurisdiction in Germany or residence and usual stay are not known at the time of the Legal action.
be ineffective c) should single regulations of these general terms and conditions all or part, the validity of the remaining regulations