I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (ecoByrd GmbH) via the website www.montado.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is objected to.
(2) (2) A consumer within the meaning of the following provisions 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 any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
2 Conclusion of the contract
(1) (1) The subject matter of the contract is the sale of goods .
(2) (2) By placing the respective product on our website, we submit to you a binding offer to conclude a contract under the conditions stated in the item description.
(3) Der Vertrag kommt über das Online-Warenkorbsystem wie folgt zustande:
Die zum Kauf beabsichtigten Waren werden im “Warenkorb” abgelegt. Über die entsprechende Schaltfläche in der Navigationsleiste können Sie den “Warenkorb” aufrufen und dort jederzeit Änderungen vornehmen.
Nach Aufrufen der Seite “Kasse” und der Eingabe der persönlichen Daten sowie der Zahlungs- und Versandbedingungen werden abschließend nochmals alle Bestelldaten auf der Bestellübersichtsseite angezeigt.
Soweit Sie als Zahlungsart ein Sofortzahl-System (z.B. PayPal / PayPal Express, Amazon-Payments, Sofort) nutzen, werden Sie entweder in unserem Online-Shop auf die Bestellübersichtsseite geführt oder Sie werden zunächst auf die Internetseite des Anbieters des Sofortzahl-Systems weitergeleitet.
Erfolgt die Weiterleitung zu dem jeweiligen Sofortzahl-System, nehmen Sie dort die entsprechende Auswahl bzw. Eingabe Ihrer Daten vor. Abschließend werden Sie zurück in unseren Online-Shop auf die Bestellübersichtsseite geleitet.
Vor Absenden der Bestellung haben Sie die Möglichkeit, hier sämtliche Angaben nochmals zu überprüfen, zu ändern (auch über die Funktion „zurück” des Internetbrowsers) bzw. den Kauf abzubrechen.
Mit dem Absenden der Bestellung über die Schaltfläche “zahlungspflichtig bestellen” erklären Sie rechtsverbindlich die Annahme des Angebotes, wodurch der Vertrag zustande kommt.
(4) (4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, Retention of title
(1) (1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) (2) The goods remain our property until the purchase price has been paid in full.
(3) (3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 4 Warranty
(1) (1) The statutory rights of liability for defects shall apply.
(2) (2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
(3) 3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 5 Choice of law
(1) (1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
ecoByrd GmbH
c/o BASE Co-Working
Blütenstr. 15
80799 Munich
Phone: (+49) 89 – 277 80 256 ( there may be additional charges from German landlines and mobile phones)
E-Mail hello@montado.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4 Costs incurred for the transmission of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Effective: Oktober 1, 2021