General Business TermsEffective December, 20th, 2010
§ 1 scope/area of agreement
These general business terms are valid in the current version for the online agreement between “Margraf Mineral”Jürgen Margraf(=offerer) and the orderer of goods of the internet-shop (www.margrafminerals.com) of Jürgen Margraf.
Contract partner is Jürgen Margraf,Hochstrasse 15,82481 Mittenwald, Deutschland.
USt-IDNr. DE 162449565
The contract is made in German- respectively English language.German law is here valid under exclusion of UN buyer- rights.
Business terms of the orderer contrary or deviating to the following have no right of application.
§ 2 offer and contract formation
(1) The presentation of the goods in the internet-shop is not a binding offer of the offerer for the formation of a contract.The customer is,herewith,only called upon to make an offer by an order.
(2) Through the sending of an offer in the internet-shop the buyer gives a binding offer-towards the formation of a contract-.By sending the order the buyer agrees to these business terms as well as for the legal relation with the offerer solely binding.
(3) After reception of the order at the offerer the buyer will receive a confirmation-Email. With this Email the acception of the offer is declared.The goods are reserved for 14 calendar days after despatch of the confirmation Email.In case there will be no payment by the buyer the contract will be invalid.
(4)For the order the based prices are valid for the tangible order.An order does not come into existence,if the price is,already at first sight recognisebly wrong or there would be an anullment right valid for the offerer with regards to a misquotation.
§ 3 Prices and payment
(1) All stated prices are endprices,which include the actual legal value added tax(VAT). The prices are shown in EURO.
(2) payment options
- per PayPal (preferred way of payment)
- per credit-card:Mastercard or VISA Card. At display of credit-cards the account of the buyer will be charged within 3 days.
- per prepayment: in case pre-payment is desired or explicit agreed upon,the buyer is bound and committed to pay the price immeditately after contract formation by money transfer on the account of the offerer.
(3) The buyer has only the right for summation in so far that his counter claims are legallybinding or undisputable.For the execution of right of retention he is only entitled, if his counterclaim is of the same contract agreement.
§ 4 Dispatch and taking over of risk
(1) The dispatch of the goods is carried through from the stock of the offerer within 5 days after reception of payment.The gooods are delivered by DHL, UPS or DPD. Special requests of the buyer can be given at this order.
(2) The dispatch/shipping costs are to be payed by the buyer.They include a shipping in- surence,in case it is wished by the buyer.
(3) Should the buyer receive a mineral which is damaged,he has to inform the offerer within 3 days after reception of the goods- in written (letter or Email)
(4) For the danger of ruin,loss,stealing/purloinment or damage of the goods the legal regulations are valid.
§ 5 Customs
For shippings outside of the European Union might be customs fees. These fees have to be payed by the buyer.
§ 6 Reservation of proprietary rights
(1) The offerer reserves the property of the delivered goods until the goods are fully payed. During this reserved reservation of proprietary the buyer is not allowed to sell the goods (in the following called: goods subject to the retention of title) or to take any advantage of the goods.
(2) At access of third parties-in particular bailiffs- to the goods subject to retention of title the buyer will immediately point out to the property of the offerer and let him know immediately, so that he can carry through his property rights
(3) At violation of the contract of the buyer,in particular arrears/delay of payment, the offerer is entitled to reclaim the goods subject to the retention of title,in so far that he has stepped back from the contract.
§ 7 Cancellation policy/right of return
The offerer is zealous,to show the minerals on the image as close to nature as possible. The buyer,however,should rethink that the colours can deviate indeed on the screen. As far as damages of the minerals are concerned it will be indicated separately
(1) The buyer is asked to have a close look at the images and address to the offerer in case there are questions.Gladly,the offerer is willing to offer further information.
(2) In case,the buyer is,however,disatisfied with the buy, there is the possibility to cancel/unsay the contract within 14 calendar days after receipt of the goods without indication of reasons by letter or Email to
For the keeping of term the timely dispatch of the cancellation/counter order is sufficient.
(3) In case of a valid cancellation the mutual received deliverables are to be refunded and in case of advantage taking (eg.interest) to be returned.In case the buyer can not return the received goods totally,partly or only in deteriorated condition,he has to give compensation of value to the offerer.
(4) For the return of the goods we ask you to use the same packaging.The costs and the transportation insurance at the height of the purchasing price for each sending back have to be payed by the buyer.For the buyer a transportation insurance at the height of the full purchasing price is mandatory.
(5) The refund of the purchasing price will be carried out on an account given by the buyer and will be not later than at least 10 days after reception of the sent back goods.
§ 8 Guarantee
(1) At deficiencies of the delivered goods the buyer is due to the legal rights.
(2) For compensation rights of the buyer,however,the special regulations of § 9 of this AGB (general business terms) are valid.
§ 9 Liability and damage compensation
(1) Compensation claims of the buyer due to obvious deficiencies of the delivered goods are exempted,if he does not inform the offerer about the deficiency within a short term of two weeks after receipt of the goods.
(2) Liability for compensation through the offerer ,no matter for what legal reason (in particular at arrears,deficiencies or other neglect of duty) is limited to the contract typical,forseeable damage.
(3) The above mentioned liability restrictions are not valid for a liability due to behaviour on purpose or act of gross neglicence,for guaranteed quality features,due to violation of life ,the body or health or according to the product liability law.
§ 10 Data protection
(1) the individual-related data are brought by the offerer and are used only for the handling of the order.The data are kept strictly confidential and secured against un- authorized access.A data transfer to third persons(e.g.delivery people/customs) will only be made if this is necessary for the order fulfillment.
(2) In case the buyer has activated the newsletter subscription these data can,under attention of the data protection regulations,be used for own commmercial purposes of the offerer until cancellation of the newsletter.
§ 11 Freedom of choice and place of jurisdiction
(1) For the legal relations between the offerer and the buyer the legal right of the “Bundesrepublik Deutschland” is valid. The use of UN sale of goods law is excluded.
(2) Place of jurisdiction for all legal disputes with regards to the contract agreement between the buyer and the offerer is the place of the offerer.
§ 12 Salvatorious clause
Sould one of these regulations of this general business terms be unvalid, the efficacy of the other regulations are untouched.