Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us, the provider (Metzgerei Freyberger KG), via the website www.mf58.de. Unless otherwise agreed, any inclusion of your own terms and conditions is hereby expressly rejected.
(2) A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when entering into a legal transaction.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing a product on our website, we make a binding offer to conclude a contract for the purchase of the goods described under the conditions stated in the respective item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can view and modify the shopping cart at any time using the corresponding navigation button.
After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal details as well as payment and shipping information, you will be shown a summary of your order.
If you use an instant payment system (e.g. PayPal, Amazon Pay, Sofort), you will be redirected either to the order overview page in our online shop or to the website of the instant payment provider.
After entering your payment details on the provider’s page, you will be redirected to our website or shown a final order summary.
Before submitting the order, you have the opportunity to review, modify, or cancel your entries.
By clicking the button to submit the order (e.g. “Order with obligation to pay”, “Buy now”, or similar), you make a legally binding declaration of acceptance, thereby concluding the contract.
(4) Inquiries for individual offers are non-binding. We will send you a binding offer in text form (e.g. by email), which you may accept within 5 days unless otherwise stated in the offer.
(5) The processing of orders and communication relating to the contract takes place by email, partly automatically. You must ensure that the email address you provided is correct and that the receipt of emails is technically ensured, particularly not blocked by spam filters.
§ 3 Custom-Made Products
(1) You must provide all necessary information, text, or files required for the customization of products via the online order system or by email immediately after contract conclusion. Any format requirements must be observed.
(2) You agree not to submit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or any applicable laws. You expressly indemnify us against all third-party claims arising in this context, including legal costs.
(3) We do not verify the content of the submitted data and assume no liability for any related errors.
§ 4 Conclusion of Contract for Courses
(1) The contract covers the participation in courses. By publishing a course on our website, we make a binding offer to conclude a contract under the terms specified in the course description.
(2) The contract is concluded via the online shopping cart system as described in § 2.
(3) Inquiries for offers are non-binding. We will send you a binding offer in text form (e.g. by email), which you may accept within 5 days unless otherwise specified.
(4) The processing of course bookings and all related communication takes place by email, partly automated. You must ensure that your provided email address is accurate and that the receipt of emails is technically ensured.
§ 5 Performance of Courses
(1) Courses take place as described in the respective offer and on the agreed dates.
(2) If a minimum number of participants is required, this will be stated in the offer. If the minimum number is not reached, we will notify you at least 7 days before the course date. Any payments already made will be refunded.
(3) In case a session is canceled due to the instructor’s illness or other important reasons, fees will be refunded immediately or rescheduled where possible.
(4) You must comply with any local house rules and follow the instructions of the course leader.
§ 6 Withdrawal / Cancellation
(1) You may withdraw from a course contract free of charge up to 60 days before the course starts. The withdrawal must be in text form (e.g. by email). The decisive date is the receipt of your declaration.
Less than 60 days before the start, withdrawal is no longer possible.
(2) No refunds are given in case of non-participation or partial participation.
(3) The statutory right of withdrawal remains unaffected.
§ 7 Substitute Participants
You may nominate a substitute participant at any time before the course starts at no cost.
§ 8 Special Terms for Payment Methods
(1) Credit Check
If we provide services in advance (e.g. purchase on account or direct debit), your data may be transferred to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for a credit check. We reserve the right to refuse certain payment methods based on the result.
(2) SEPA Direct Debit
By providing a SEPA mandate, you authorize us to collect the invoice amount from your account within 1–3 days after contract conclusion.
The pre-notification period is reduced to 5 days before due date. You must ensure sufficient funds in your account. You will bear any bank charges caused by returned payments due to insufficient funds or incorrect data.
§ 9 Right of Retention, Retention of Title
(1) You may only exercise a right of retention for claims arising from the same contractual relationship.
(2) The goods remain our property until full payment is received.
§ 10 Warranty
(1) Statutory warranty rights apply.
(2) Consumers are requested to inspect goods upon delivery for completeness, obvious defects, or transport damage and report any complaints immediately. Failure to do so does not affect your statutory warranty rights.
(3) Deviations from objective product characteristics are only deemed agreed if you were informed before concluding the contract and expressly accepted the deviation.
§ 11 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this only applies to the extent that the protection granted by mandatory law of the consumer’s home country is not withdrawn.
(2) The place of performance and jurisdiction is our registered office if you are not a consumer but a merchant or legal entity under public law. The same applies if you have no general jurisdiction in Germany or the EU.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
II. Customer Information
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Identity of the Seller
Metzgerei Freyberger KG
Sperberstraße 99
90461 Nuremberg
Germany
Phone: 0176 61217059
Email: info@mf58.de -
Information on Contract Formation
Technical steps, contract conclusion, and correction options follow the rules in “Conclusion of Contract” in Section I. -
Contract Language and Storage
3.1 Contract language is German.
3.2 The full contract text is not stored by us. Before submitting the order, you can print or save it electronically. After ordering, we will send you the order details and legal information by email.
3.3 For offers outside the online cart, you will receive all contract data in text form (e.g. email). -
Codes of Conduct
4.1 We adhere to the Buyer Seal Quality Criteria of Händlerbund Management AG:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
4.2 We adhere to the Trusted Shops GmbH Quality Criteria:
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf -
Essential Characteristics of Goods or Services
These are listed in each respective offer. -
Prices and Payment Terms
6.1 Prices include all taxes and components.
6.2 Shipping costs are displayed separately and must be paid unless free shipping is offered.
6.3 Costs for money transfers (e.g. bank or currency fees) are borne by the customer if payment originates outside the EU.
6.4 Available payment methods are shown on our website.
6.5 Unless otherwise stated, payment is due immediately.
6.6 For course bookings, payment must be made on-site before the course begins. -
Delivery Conditions
7.1 Delivery conditions and potential restrictions are shown on our website.
7.2 For consumers, the risk of loss passes to you only upon receipt of the goods. -
Statutory Warranty Rights
Warranty is governed by §10 of these Terms and Conditions.
These terms and customer information have been prepared by the legal experts of Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees legal certainty and assumes liability in the event of warnings.
For more information, visit:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
Last updated: 22 October 2024
