§ 1 Scope of application

(1) These General Terms and Conditions of Sale / Terms and Conditions of Business (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the

mission vision GmbH, postal address: Hegholt 59, 22179 Hamburg
Managing directors: Tim Eisel and Tim Langeheine
Register court and register number: Hamburg Local Court HRB 156759,
Telephone number: 040 / 5247147-30
Fax number: 040 / 466 301 23
E-mail address: info@68noord.com

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time of conclusion of the contract shall apply.

(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking on the button “order with obligation to pay”, you place a legally binding order. You are bound to the order for a period of two weeks after placing the order; your right to cancel your order in accordance with § 3 remains unaffected by this.

(3) We will confirm receipt of your order placed via our online shop by e-mail. 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) We reserve the right to accept the order only to the extent that it can be covered by our stock of goods at the time of the order.

(6) The delivery area is the Federal Republic of Germany.

(7) If delivery of the goods ordered by you is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this and refund any consideration already received.

§ 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 independent professional activity), you have a right of cancellation in accordance with the statutory provisions. Pursuant to § 312 g para. 2 BGB, there is no right of cancellation for perishable goods, in particular fish and seafood.

(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 right of cancellation shall be governed by 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 inform us

[mission vision GmbH, Hegholt 59, 22179 Hamburg, Tel: 040 / 5247147-30
Fax: 040 / 466 301 23, info@68noord.com]

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. You can also fill in and send the sample cancellation form or another clear declaration electronically on our website (insert Internet address). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

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 withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

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) immediately 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 dispatch the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

– End of the cancellation policy

(4) In addition to the case mentioned in § 3 para. 1 sentence 2, the right of cancellation does not apply to distance contracts

for the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or whose expiry date would be exceeded.

§ 4 Obligation to collect and delivery

(1) On request, we will deliver the goods to an address in the Federal Republic of Germany specified by you. If you would like to collect the goods from our business premises, please contact us before placing your order.

(2) If the delivery is made at the request of the buyer, §§ 447, 474, 475 BGB apply

(3) We are authorised to make partial deliveries, insofar as this is reasonable for you.

§ 5 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including statutory VAT and delivery costs.
(2) The price including VAT is also displayed in the order form before you send the order.

§ 6 Terms of payment and offsetting and right of retention

(1) The purchase price is due immediately and without deduction after completion of the order.

(2) You can pay the purchase price at your discretion by EC/Maestro, credit card or PayPal. In the case of a direct debit authorisation or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time specified in paragraph 1. A direct debit authorisation granted shall also apply to further orders until revoked.

(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 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 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, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) In the case of products sold by weight, mission vision GmbH will endeavour to compile the quantity requested by the purchaser and to keep quantity deviations to a minimum. However, should the delivery deviate from the ordered quantity by more than 5 % at your expense, please contact us immediately so that we can make a subsequent delivery.

(3) 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 due to material defects or defects of title within the meaning of para. 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 for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable – unless otherwise regulated in paragraph 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 paragraph 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 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 shall remain 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 and is therefore in Hamburg. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. 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: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.