§ 1 Scope of application

These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the Bischöfliches Hilfswerk Misereor e.V. and you as a customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
The version of the GTC valid at the time the contract is concluded shall apply. Deviating terms and conditions of customers are not accepted. This also applies if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop and in our catalogue does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking on the "Order with obligation to pay" button, you are placing a legally binding order.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) Orders for deliveries abroad are possible. The shipping costs are stated in the prices in our online shop.
(6) If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any payments already received without delay.

§ 3 Right of cancellation

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of cancellation in accordance with section 1, you must bear the regular costs of returning the goods.
(3) In all other respects, the provisions set out in detail in the following

Cancellation policy

Right of cancellation

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, have taken possession of the goods.
To exercise your right of cancellation, you must contact us Bischöfliches Hilfswerk Misereor e.V., Mozartstr. 9, 52076 Aachen (Tel.: +49-241-442 945; Fax: +49-241-442 188; E-Mail: bestellung@misereor.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse to refund you 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 or to (insert the name and address of the person authorised by you to receive the goods, if applicable) without delay and in any case within fourteen days of the day on which you inform us of the cancellation of this contract at the latest. The deadline is met if you send the goods before the period of fourteen days 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 their condition, properties and functionality.
- End of the cancellation policy-

(4) The right of cancellation does not apply to distance selling contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.

§ 4 Terms of delivery and reservation of advance payment

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with a place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.

§ 5 Prices and shipping costs

(1) All prices stated in our online shop are gross prices including statutory VAT and do not include any shipping costs incurred.
(2) The shipping costs are stated in our prices in our online shop. The price including VAT and shipping costs will also be displayed in the order basket before you send the order.
(3) If we fulfil your order by partial deliveries in accordance with § 4 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 3 para. 3 for other cancellation consequences).

§ 6 Terms of payment and offsetting and right of retention

(1) The purchase price and shipping costs must be paid within two weeks of receipt of our invoice at the latest.
(2) You can transfer the purchase price and shipping costs to our specified account.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of title

The delivered goods shall remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.

§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in para. 3.
(3) Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 10 Copyrights

We have copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

§ 11 Data protection notice

We collect, process and use your personal data, in particular your contact data, in accordance with Section 6 (1) (b) and (c) of the Church Data Protection Act (KDG) to process your order and your address data and e-mail address in accordance with Section 6 (1) (f) KDG to send you information about our products and promotions. If you do not wish this to happen, you can object to the use of your data in this regard by telephone, post or email to bestellung@misereor.de. Further information on data protection can be found at www.misereor.de/datenschutz.

§ 12 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.