Terms of service

Terms and Conditions with Customer Information

Scope
Conclusion of the contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Redeeming promotional coupons
Applicable Law
Place of jurisdiction
Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of MONOLITH Grill GmbH (hereinafter “we/us”) apply to all contracts for the delivery of goods that you, as a consumer or business entity (hereinafter “you”) conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2These Terms and Conditions apply mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly stipulated. These Terms and Conditions govern only the sale of tickets for specific events described in detail in our product descriptions and do not govern the conduct of those events. The conduct of the events is governed exclusively by the statutory provisions governing the relationship between you and the event organizer, as well as any terms and conditions of the event organizer that may differ from these. Unless we are also the event organizer, we are not liable for the proper conduct of the event, for which the respective event organizer is solely responsible.

1.3For the purposes of these Terms and Conditions, you are considered a consumer if you enter into a legal transaction for purposes that are predominantly neither related to your commercial activities nor to your self-employed professional activities.

1.4For the purposes of these Terms and Conditions, you are considered a business entity if you are a natural person, a legal entity, or a partnership with legal capacity acting in the course of your commercial or self-employed professional activities when entering into a legal transaction.

2) Conclusion of the Contract

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

2.2You may submit your order using the online order form integrated into our online store. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer to enter into a contract regarding the items in the shopping cart by clicking the button that completes the ordering process.

2.3We may accept your offer within five days,

by sending you a written order confirmation or an order confirmation in text form (fax or email), in which case the date you receive the order confirmation is decisive, or
by delivering the ordered goods to you, in which case the date of receipt of the goods by you shall be decisive, or
by asking you to make a payment after you place your order.

If more than one of the above alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting your offer begins on the day after your offer is sent and ends at the close 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 result 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 Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if you do not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare our acceptance of your offer at the moment you click the button that completes the ordering process.

2.5When you place an order using our online order form, we will save the contract text after the contract is concluded and send it to you in writing (e.g., via email, fax, or letter) once your order has been submitted. We do not make the contract text available in any other way. If you have created a user account in our online store before submitting your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login credentials.

2.6Before submitting a binding order via our online order form, you can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be your browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using standard keyboard and mouse functions until you click the button that completes the ordering process.

2.7You can choose from a variety of languages when entering into the contract. The specific language options are displayed in the online store.

2.8Order processing and communication generally take place via email and automated order processing. You must ensure that the email address you provide for order processing is accurate so that emails sent by us can be received at that address. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2For more information on the right of withdrawal, please refer to our cancellation policy.

3.3The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

4) Prices and Payment Terms

4.1Unless otherwise stated in our product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may apply in certain cases that are beyond our control and must be borne by you. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also apply in connection with the money transfer even if the delivery is not being made to a country outside the European Union, but you are making the payment from a country outside the European Union.

4.3The available payment options will be displayed in our online store.

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

4.5If you select the "Sofortüberweisung" payment method, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," you must have an online banking account activated for participation in "Sofortüberweisung," authenticate yourself during the payment process, and confirm the payment instruction. The payment transaction is processed by Klarna immediately thereafter, and your bank account is debited. You can find more information about the "Sofortüberweisung" payment method online at https://www.klarna.com/sofort/.

4.6If you select a payment method offered through the "Shopify Payments" payment service, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments will be displayed in our online store. To process payments, Stripe may use additional payment services, which may be subject to special payment terms and conditions that will be separately communicated to you if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com,/legal, and/terms-payments-de.

4.7If you select a payment method offered via the "Mollie" payment service, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The specific payment methods offered via Mollie are listed in our online store. To process payments, Mollie may use additional payment services, which may be subject to special payment terms and conditions that will be communicated to you separately, if applicable. Further information about “Mollie” is available online at https://www.mollie.com,/de, and.

5) Delivery and Shipping Terms

5.1If we offer to ship the goods, delivery will be made within the delivery area we have specified to the shipping address you have provided, unless otherwise agreed. The shipping address provided during the order process is the one that applies.

5.2For goods delivered by a freight carrier, delivery is made “curbside,” meaning to the public curb nearest the delivery address, unless otherwise specified in the shipping information in our online store or unless otherwise agreed upon.

5.3If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions set forth in our cancellation policy regarding return costs shall apply.

5.4 If you are acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to you as soon as we have handed the goods over to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you only upon delivery of the goods to you or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold passes to you—even if you are acting as a consumer—as soon as we have delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that you have commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and we have not previously named this person or entity to you.

5.5We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This applies only if we are not responsible for the non-delivery and we have entered into a specific offsetting transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, you will be notified immediately and the purchase price will be refunded to you without delay.

5.6Due to logistical constraints, pickup is not available.

6) Retention of title

If we make an advance payment, we reserve ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1If you are acting as a business,

we have the choice of the type of remedy;
For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery;
For used goods, claims for defects are excluded;
the statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2The limitations of liability and shortened time limits set forth above do not apply

for your claims for damages and reimbursement of expenses,
in the event that we have fraudulently concealed the defect,
for goods that, when used in the manner for which they are typically intended, have been used in a structure and have caused its defectiveness,
regarding any obligation we may have to provide updates for digital products, in the case of contracts for the delivery of goods that include digital elements.

7.3In addition, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If you are acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If you fail to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.

7.5If you are acting as a consumer, you are asked to report any goods delivered with obvious shipping damage to the delivery company and to notify us of this. Failure to do so will not affect your statutory or contractual rights regarding defects.

8) Liability

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

8.1We are fully liable on any legal grounds

in cases of willful misconduct or gross negligence,
in the event of intentional or negligent injury to life, limb, or health,
based on a warranty promise, unless otherwise specified in this regard,
due to mandatory liability, such as under the Product Liability Act.

8.2If we negligently breach a material contractual obligation, our liability is limited to foreseeable damages typical for this type of contract, unless we are liable without limitation in accordance with the preceding section. Material contractual obligations are obligations that the contract imposes on us by its very nature to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely.

8.3In all other respects, we shall not be liable.

8.4The foregoing liability provisions also apply with respect to our liability for our agents and legal representatives.

9) Redeeming promotional coupons

9.1Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased (hereinafter "promotional vouchers") can only be redeemed in our online store and only during the specified period.

9.2Promotional coupons can only be redeemed by you as a consumer.

9.3Certain products may be excluded from the coupon promotion if such a restriction is specified in the terms of your promotional coupon.

9.4Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

9.5You may redeem only one promotional coupon per order.

9.6If our promotional coupon specifies a specific amount rather than a percentage discount, the value of your purchase must be at least equal to the amount of the promotional coupon. We do not refund any remaining balance.

9.7If the value of the promotional coupon is not sufficient to cover the cost of your order, you may choose one of the other payment methods we offer to pay the remaining balance.

9.8The value of a promotional voucher cannot be redeemed for cash and does not accrue interest.

9.9The promotional voucher is non-refundable if you return goods that were paid for in whole or in part with the promotional voucher under your statutory right of withdrawal.

9.10The promotional voucher is transferable. We may make payment with discharging effect to the respective holder who redeems the promotional voucher in our online store. This does not apply if we have knowledge of, or are grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Governing Law

10.1All legal relationships between us shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence.

10.2Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal in the case of consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

11) Jurisdiction

If you are acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive venue for all disputes arising from this contract is our place of business. If you are based outside the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activities. In the foregoing cases, however, we are in any event entitled to bring an action before the court at your place of business.