Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "T&Cs") of Slavcho Shutevski, trading as "MMSITE" (hereinafter "we/us"), apply to all contracts for the delivery of goods concluded between you, as a consumer or entrepreneur (hereinafter "you"), and us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.

1.2 These T&Cs shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 For the purposes of these T&Cs, you are a consumer if you conclude a legal transaction for purposes that are predominantly neither commercial nor your independent professional activity.

1.4 For the purposes of these T&Cs, you are an entrepreneur as a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends with the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a PayPal payment method selectable in the online ordering process, we hereby declare acceptance of your offer at the time you click the button that concludes the ordering process.

2.5 If you select the payment method "Amazon Payments", payment processing is handled by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If you select "Amazon Payments" as the payment method during the online ordering process, you also simultaneously issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, we hereby declare acceptance of your offer at the time you initiate the payment process by clicking the button that concludes the ordering process.

2.6 When you submit an offer via our online order form, the contract text will be stored by us after the conclusion of the contract and sent to you in text form (e.g. email, fax or letter) after you have sent your order. We do not make the contract text accessible beyond this.

2.7 Before placing a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognise input errors can be your browser's zoom function, with the help of which the display on the screen is enlarged. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact usually take place by email and automated order processing. You must ensure that the email address you provided for order processing is correct so that emails sent by us can be received at this address. In particular, you must ensure, when using SPAM filters, that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices. Value added tax is not shown as we are a small business owner within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which we are not responsible and which you must bear. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money if the delivery does not take place in a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5 If you select a payment method offered via the payment service "PayPal", payment processing will be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we make an advance payment to you (e.g. purchase on account or instalment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of the claim, we remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.6 If you select the payment method "Sofortüberweisung" (instant transfer), payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", you must have an online banking account activated for participation in "Sofortüberweisung", identify yourself accordingly during the payment process and confirm the payment instruction. The payment transaction will then be carried out immediately by Klarna and your bank account will be debited. Further information on the payment method "Sofortüberweisung" can be found on the internet at https://www.klarna.com/sofort/.

4.7 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.

5) Delivery and Shipping Conditions

5.1 If we offer shipping of goods, delivery will be made within the delivery area specified by us to the delivery address you provide, unless otherwise agreed. The delivery address specified in our order processing is decisive for the handling of the transaction.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of withdrawal. For the costs of return shipment, the provisions of our withdrawal policy apply if the right of withdrawal is effectively exercised.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you when the goods are handed over to you or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes when you act as a consumer as soon as we have handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not our fault and we have concluded a concrete covering transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided as follows:

- by email

6) Retention of Title

If we perform in advance, we reserve ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

• we have the choice of the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• for used goods, defect rights are excluded;
• the limitation period does not start anew if a replacement delivery is made in the context of liability for defects.

7.2 If you act as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this has been explicitly and expressly agreed between us by contract and you were specifically informed of the shortening of the limitation period before submitting your contractual declaration.

7.3 The limitations of liability and shortening of deadlines regulated above do not apply

• to your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.5 If you act as a merchant within the meaning of § 1 HGB (German Commercial Code), you fulfill the commercial inspection and notification obligation according to § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the delivery person and to inform us thereof. If you do not comply with this, it has no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation for any legal reason

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If we negligently violate an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, we owe, in addition to the delivery of goods, also the processing of the goods according to your specific requirements, you must provide us with all content necessary for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by us, and grant us the necessary rights of use for this. You are solely responsible for procuring and acquiring the rights to this content. You declare and assume responsibility for having the right to use the content provided to us. In particular, you ensure that no third-party rights are violated by this, especially copyrights, trademark rights and personal rights.

9.2 You indemnify us from third-party claims that these may assert in connection with an infringement of their rights by our contractual use of the content provided by you. In this context, you also bear the necessary costs of legal defense, including all court and lawyer fees to the statutory extent. This does not apply if you are not responsible for the infringement. You are obliged to provide us with all information necessary for the examination of the claims and a defense without delay, truthfully and completely in the event of a claim by a third party.

9.3 We reserve the right to refuse processing orders if the content provided by you for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and which you cannot purchase (hereinafter "Promotional Vouchers") can only be redeemed in our online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of your promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by us.

10.6 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to settle the difference.

10.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if you return the goods paid for entirely or partially with the promotional voucher within the scope of your statutory right of withdrawal.

10.9 The promotional voucher is intended exclusively for use by the person named therein. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to check the material eligibility of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to you until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.

11.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

11.8 The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligent ignorance of the lack of entitlement, the legal incapacity or the lack of power of representation of the respective holder.

12) Applicable law

All legal relations between you and us shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by the provisions of the law of the state in which you have your habitual residence is not circumvented.

13) Alternative dispute resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 05.11.2025, 00:07:46 Uhr