Terms and Conditions of Sale

Deutsche version

Returns Policy

We confirm your order subject to the exclusive application of our general terms and conditions of sale:

 § 1 Application, Customers, Language

(1) These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
(2) These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.
(3) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions,
(i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and
(ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14
(1) of the German Civil Code).
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German
language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website,
exclusively the English version of these General Terms and Conditions shall be relevant.

§2 Offer, Acceptance

(1) Our offerings in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day
following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us
either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during
the ordering process.

§ 3 Prices, Payment

(1) Prices are ex works, exclusive of the respective statutory VAT and exclusive of costs for packaging, except as otherwise expressly agreed upon. Any customs duties and similar public charges shall be borne by the
(2) The purchase price is due and payable net within 30 days from the date of the invoice. From the due date interest in the amount of 8% above the respective base interest rate p. a. shall accrue. We reserve all rights
to claim further damages for delay.
(3) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop)
(4) You can pay for your items via Paypal, credit card (via Paypal) or bank transfer. Current currency is Euro €
For deliveries to partys in third countries, the purchases are tax-free as export deliveries according to § 4 no. 1a German Value Added Tax(UStG).
All items remain as property of Mulens until the payment has been received to the full amount, including shipping costs.
Import duties, taxes and charges are not included in the item price or shipping charges.These charges are the buyer’s responsibility.
Please check with your country’s customs office to determine what these additional costs will be.

§ 4 Offset, Retainer

The purchaser shall be entitled to offset only insofar as the purchaser’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgement. The purchaser is entitled to claim retainer rights only to the extent such rights are based on the same transaction.

§ 5 Delivery

As soon as the order has been payed, we will ship it faster as possible. It will take a working day to prepare the shippment. Orders made on the weekend will be shipped on Monday.

All shippments will have an insurance and a tracking number that we will provide you.

Estimated delivery times:
Germany: 1-2 working days
Europe: 6-8 working days
Worldwide: 12-19 working days

If you do not get your item on time, please contact your local post office with the provided tracking number.
The shippment prices are according to the item´s weight and your location. This prices will be showed before checking out.
If the parcel arrives damaged, please contact the currier as fast as posible in order to being able to apply the insurance..

(1) Delivery is conditioned upon timely and proper performance of all duties of the purchaser. Defences based on non-performance of the contract are reserved.
(2) In case of default in acceptance or other breach of duties to cooperate by the purchaser we are entitled to claim any resulting damage including but not limited to additional expenses, if any. Further damages are
reserved. In this case, the risk of loss or damage to the goods passes to the purchaser at the time of such default or breach of duty to cooperate.
(3) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin if advance payment has been agreed, upon
receipt by us of the full purchase price (including VAT and shipping costs)
(4) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(5) Regardless of whether any product is indicated on the order form as „in stock“, we may sell such product at any time, provided that:
a) the order form has included a notice as to the limited availability of the product or
b) an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order. In such cases, we shall only be obligated to dispatch
the product within the time period agreed upon or indicated by us as long as stock lasts.
(6) In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 5, we shall be required to dispatch the
product within a period of three weeks after the Relevant
Date pursuant to subsection 1.
(7) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as „not in stock“ or has been sold off in accordance with subsection 5 above, any applicable
delivery period pursuant to this Section 5 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks,
provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
(8) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 7, we shall without undue delay inform the Customer thereof. If the product is no longer
available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the
Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only
subject to the provisions of Section 8 of these General Terms and Conditions.
(9) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.

§ 6 Passing of Risk, Shipment

(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-
binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of
acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of
acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.

§ 7 Retention of Title and Resale

(1) We retain title to the goods until receipt of all payments in full. In case of breach of contract by the purchaser including, without limitation, default in payment, we are entitled to take possession of the goods.
(2) The purchaser shall handle the goods with due care, maintain suitable insurance for the goods and, to the extent necessary, service and maintain the goods.
(3) As long as the purchase price has not been completely paid, the purchaser shall immediately inform us in writing if the goods become subject to rights of third persons or other encumbrances.
(4) The purchaser may resell goods subject to the above retention of title only in the course of his regular business. For this case, the purchaser hereby assigns all claims arising out of such resale, whether the goods
have been processed or not, to us. Notwithstanding our right to claim direct payment the purchaser shall be entitled to receive the payment on the assigned claims. To this end, we agree to not demand payment on the
assigned claims to the extent the purchaser complies with all his obligations for payment and does not become subject to an application for insolvency or similar proceedings or to any stay of payments.
(5) Insofar as the above securities exceed the secured claim by more than 10%, we are obligated, upon our election, to release such securities upon the purchaser’s request.

§ 8 Warranty

(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the
foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“,
including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if
such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales
contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions
contained in Section 9 of these General Terms and Conditions.
(3) The warranty period for newly produced items shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer
unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.

§ 9 Liability

(1) In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract
obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.
(2) Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
(3) Any liability not expressly provided for above shall be disclaimed.

§ 10 Applicable law, Jurisdiction

(1) This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods).
(2) Place of performance shall be Neustadt a. Rbge. If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1
(1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Neustadt a. Rbge. shall have exclusive jurisdiction in respect of all disputes arising out of or in
connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.

§ 11 Reference to the List of terms

This agreement shall be governed by and construed in accordance with the laws of Germany. The list of terms attached to this agreement as annex headed „List of terms“ forms part of this agreement and shall, as all other annexes, appendices, recitals and schedules to this agreement, have the same full force and effect as if expressly set out in the operative part of this agreement. If the meaning of any English term contained in the list of terms, or if the meaning of any English term contained in this agreement, differs from the meaning of the respective German term, the meaning of the German term shall prevail.


Wortliste List of Terms
(Allgemeine) Verkaufsbedingungen (general) terms and conditions of sale
Annahmeverzug default in acceptance
Aufrechnung offset
Basiszinssatz base interest rate
Eigentumsvorbehalt retention of title
Einrede des nicht erfüllten Vertrages defence based on non-performance of the contract
Erfüllungsgehilfe assistant in performance
Fällig due and payable
Gefahrübergang passage of risk
Gegenanspruch counterclaim
gesetzliche USt. statutory VAT
Gewährleistung warranty
juristische Person des öffentlichen Rechts governmental entity
Lieferverzug default in delivery
Mängelbeseitigung remedy of defect
Mitwirkungspflichten duties to cooperate
Nacherfüllung alternative performance
normaler Geschäftsverkehr (course of) normal business
öffentlich-rechtliches Sondervermögen special governmental estate
Produkthaftungsgesetz Product Liability Act
UN-Kaufrecht Convention on Contracts for the International Sale of Goods (CISG)
Unternehmer merchant
Untersuchungs- und Rügeobliegenheiten requirements regarding inspection and objection
Verzugszinsen interest
Zahlungseinstellung stay of payments
Zurückbehaltungsrechte rights to retain