General Terms and Conditions

INFORMATION FOR CUSTOMERS / CONSUMERS

I. Company

Micony GmbH
Owner: Frederic Horsch
Sitzenhof 1
92421 Schwandorf

Contact:

Tel.: +49 162 5715510
E-Mail: hey@ag-parts.de

VAT ID:

VAT identification number according to § 27 a of the German VAT Act: DE333379046

II. Conclusion of Contract

The products and services presented in the online shop do not constitute binding offers; they serve as an invitation for the customer to submit a binding offer to the company.

By clicking the “Add to Cart” button assigned to an item, the customer can select individual items for purchase. After clicking the shopping cart icon or the “Proceed to Checkout” button, the customer can review the cart’s contents, check for input errors, change quantities, and add further order details.

Before placing the order, all details can be reviewed in an order summary. Changes can be made directly on the order page in the input fields or by clicking the “Change Billing Address” or “Change Delivery Address” buttons. By clicking the “Order with Obligation to Pay” button, the customer submits a legally binding contract offer.

The company immediately sends an order confirmation via automated email after the order is placed. This email represents the acceptance of the contract offer unless the customer has selected advance payment. In the case of advance payment, the contract is concluded if the company expressly accepts the offer within five working days or if the goods are delivered to the customer. After this period, the customer is no longer bound to their offer.

III. Delivery Period

Unless otherwise stated for an individual product, delivery takes place within 5 working days. The delivery period begins the day after the payment order is issued to the transferring credit institution in the case of advance payment; otherwise, it starts the day after the contract is concluded.

IV. Retrieval and Storage of Contract Text

The customer can view and save the details of their order (contract text) after submission in the login area of the online shop if they have registered. Additionally, they receive this information and the terms and conditions via email, which they can store and print. We do not store the contract text separately.

V. Warranty

For the goods you have purchased, you are entitled to statutory warranty rights according to legal regulations.

VI. Contract Language

The contract language is German.

VII. Accepted Payment Methods

We offer advance payment, PayPal, credit card, direct debit, Klarna immediate transfer, and Paydirekt.

VIII. Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution between consumers and businesses (ODR platform). You can access the platform at http://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

IX. Batteries

Batteries must not be disposed of in household waste. You are legally obliged to return used batteries. Used batteries can be returned free of charge at retail outlets or collection points in your vicinity (e.g., municipal collection points or stores).

Batteries or accumulators containing hazardous substances are marked with this or a similar crossed-out wheelie bin symbol.

Near the waste bin symbol, you will find the chemical designation of the hazardous substance. “Cd” stands for cadmium (contains more than 0.002% by mass of cadmium), “Pb” for lead (more than 0.004% by mass of lead), and “Hg” for mercury (more than 0.0005% by mass of mercury).

GENERAL TERMS AND CONDITIONS

§ 1. General Provisions

(1) Micony GmbH, Owner: Frederic Horsch, Sitzenhof 1, 92421 Schwandorf (hereinafter “Micony”) offers merchandise for sale to consumers and businesses via the internet.

(2) The following provisions apply to contracts between Micony and the customer, unless otherwise agreed. The version applicable at the time of contract conclusion is decisive. Conflicting purchasing conditions of commercial customers require Micony’s acknowledgment to be valid.

(3) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. A business is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

§ 2. Conclusion of Contract

(1) The products and services displayed in the online shop do not constitute binding offers; instead, they invite the customer to submit a binding offer to Micony. By clicking the “Order with Obligation to Pay” button, the customer submits a binding contract offer.

(2) Micony sends an automated order confirmation via email immediately after order submission. This email represents acceptance of the customer’s contract offer unless the customer has chosen advance payment. In the case of advance payment, the contract is concluded when Micony expressly accepts the offer within five working days or delivers the goods to the customer. After this period, the customer is no longer bound to their offer.

§ 3. Prices, Payment, and Shipping Costs

(1) The prices stated in the offers are final prices, meaning they include all price components, including applicable taxes.

(2) Unless otherwise agreed in individual cases, prices exclude packaging, freight, postage, and - if the customer is a business - insurance. Additional delivery and shipping costs apply; for subscriptions, shipping costs apply to each delivery.

(3) The customer guarantees that the correct and complete delivery address has been provided. If additional costs arise due to incorrect address details - such as repeated shipping costs - the customer must cover these costs if they negligently provided incorrect information.

§ 4. Retention of Title

(1) Until full payment has been made, the goods remain our property.

(2) If the customer is a business, they may process and sell the goods delivered under retention of title in the ordinary course of business or use them for providing a service. In the event of resale or use, the parties agree that the customer assigns their claims from resale or service provision to Micony in advance, which hereby accepts the assignment.

§ 5. Delivery and Shipping Conditions

(1) Unless otherwise agreed in individual cases, the delivery of items is generally against advance payment and via shipping.

(2) The risk of accidental loss or deterioration of the sold goods passes to businesses upon handover to them or an authorised recipient. In the case of a shipping purchase, the risk transfers to the buyer upon handover to the transport service. For consumers, the risk transfers upon delivery to them. If the customer defaults on acceptance, the risk is considered transferred.

(3) If delivery deadlines cannot be met due to temporary obstacles beyond our control, such as force majeure (e.g., war, civil unrest, natural disasters) or similar events (e.g., strikes or lockouts), the deadlines extend by a period corresponding to the duration of the obstacle.

§ 6. Transport Damage

(1) The following paragraphs 2 to 4 apply only if the customer is a business and the conclusion of the purchase contract relates to their business operations.

(2) Deliveries must be checked in the presence of the courier. If there are visible transport damages, the customer is required to note these on the shipping documents and have them confirmed by the courier; the packaging must be retained.

(3) If partial loss or damage was not externally recognisable upon receipt, the customer should report this to Micony immediately, but no later than 14 days after becoming aware of the loss or damage.

(4) The customer shall assist Micony to the best of their ability in asserting claims against the transport company or transport insurance.

§ 7. Warranty

(1) The customer is entitled to statutory warranty rights against Micony for initial defects. The customer initially has a right to rectification; however, they retain the right to a price reduction or to withdraw from the contract at their discretion. Claims for damages remain unaffected by this regulation.

(2) Consumers have the choice of whether rectification should be carried out through repair or replacement. For businesses, Micony initially provides warranty services at its discretion through repair or replacement. If the customer requests rectification, they must make the item available for inspection if requested by Micony.

(3) Visible defects must be reported in writing within 10 days of receipt by business customers; otherwise, warranty claims are excluded. Timely dispatch of the defect notification is sufficient to meet the deadline.

§ 8. Liability

(1) Micony is liable for damages resulting from injury to life, body, or health due to intentional or negligent breaches by Micony, its legal representatives, or its agents. Micony is also liable for warranties given and for damages covered by mandatory legal provisions, such as the Product Liability Act (ProdHaftG). Beyond this, Micony is liable for other damages resulting from gross negligence or willful misconduct by its legal representatives or agents.

(2) For damages caused by ordinary negligence, which do not fall under paragraph 1, Micony is liable only for breaches of essential contractual obligations (cardinal obligations). However, in such cases, liability is limited to the foreseeable, typical contractual damage. Indirect damages (e.g., lost profits) and consequential damages are excluded. The maximum liability for businesses is capped at three times the value of the delivery.

(3) Any further liability is excluded, regardless of the legal nature of the asserted claim.

§ 9. Final Provisions

(1) The law of the Federal Republic of Germany applies. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law applies only insofar as mandatory consumer protection regulations in their country of residence are not undermined. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

(2) If the customer is a business, a legal entity under public law, or a special public fund, the place of jurisdiction for all disputes arising from this contract is Micony’s business location. The same applies if the customer does not have a general place of jurisdiction in Germany or if their residence or habitual abode is unknown at the time the lawsuit is filed. The right to bring an action in another legal jurisdiction remains unaffected.