Black Stump Ridge
Manning, John|Hedrick, Forrest
Language: English
Published by iUniverse, 2011
- Softcover
- New

Condition: New
US$ 24.21
Quantity: Over 20 available
Add to basketItem description from seller
Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Über den AutorrnrnJohn Manning is president of Management Action Programs, Inc. He has diverse experience in business leadership, having held executive positions in Fortune 500 companies in operations, marketing, and sales. Formerly the dir.
Seller Inventory # 447789675
- Title
- Black Stump Ridge
- Author
- Manning, John|Hedrick, Forrest
- Publisher
- iUniverse
- Publication year
- 2011
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1450289169
- ISBN 13
- 9781450289160
For the past twelve years, Fred Kyle has wrapped whiskey-drenched clouds around him while hiding in a cheap motel in Austin, Texas. A knock on the door reveals a face from the past, and suddenly all of the horror and death of an ill-fated Thanksgiving hunting trip over a decade ago is swirling around him.
Amanda Carlyle has been searching for Fred, her father's former best friend, for two years. Not sure of what she expects to find on the other side of the motel room door, Amanda knocks, knowing she must face Fred in order to uncover the truth about what killed her father nearly twelve years ago. Was it really a hunting accident as Fred had told the police? Or was it something so evil that Fred has been crippled by the horrific memories ever since? But Amanda needs to know-one way or the other-and demands to know the real story behind the fatal events.
With Fred's reluctant retelling comes hints of a heritage he has tried to ignore, the pull of the fiddles, and the realization that he must finally send back the evil he and his friends accidentally released long ago.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Black Stump Ridge
By John Manning Forrest HedrickiUniverse, Inc.
Copyright © 2011 John Manning and Forrest HedrickAll right reserved.
ISBN: 978-1-4502-8916-0
Chapter One
Amanda Carlyle brushed an errant wave of black hair away from her forehead with a well-manicured hand. She looked through the windshield at the horseshoe shaped alcove of bleached blue facades that stared back at her from three sides. Her hazel eyes darted here and there as she took in the scene around her. Evenly spaced stairways yawned shadowed mouths onto the dusty caliche parking lot. The white, stony-clay surface threw back the late afternoon sun like a mirror. The car's windows magnified it until it overcame the air conditioning despite the heavily tinted glass. Amanda had forgotten just how intense a Central Texas summer could be.Two small, black-haired Hispanic-looking children played in the scant shade in the far right corner. The boy — at least, he looked like a boy — crouched low, his bare knees just above the dusty gravel. His chubby fingers scrabbled in search of something among the tiny stones. His Spider Man tee shirt sported gray dust like a powdering of confectioner's sugar. The girl wore a lavender Hello Kitty jumper over a faded yellow tee shirt. Both wore torn and faded flip-flop sandals on their tiny feet. Amanda estimated their ages at four and five but which was older she could not guess.
Nettles, dandelions, and tall, thick-stemmed weeds struggled to survive in corners and cracks along the base of the building. Windows, some with sun-bleached curtains, some with slanting and battered blinds, and a few with no covering over the streaked and filthy glass, stared down from the second floor. Small air conditioning units jutted from the lower half of each window. Open carports stood like square cinderblock caves below many of the windows. Condensation dripped onto the cars and trucks parked within the shadowed slots and streaked the white dust that covered most of them. Many of the vehicles shared space with torn and sagging box springs and mattresses. A few of the empty carports held large refrigerators, their dented doors still attached. Amanda glanced back at the children and shuddered. Hopefully, the doors would open easily from the inside should a child climb inside of one. Still, her business did not include whistle blowing for appliance safety.
Amanda glanced down at the hastily scribbled note on the tablet lying on the center console:
Fred Kyle Del Mar Motel 3300 North Capitol Avenue Room 26 Austin
She sighed. According to the ancient, battered sign out front this was the Del Mar Motel. Some motels descended into hourly rate hideaways for hookers and pimps. Some became shooting galleries for addicts and dealers. Still others became resident motels, crash pads for panhandlers, drunks, and families too poor — or too illegal — to afford better. This one looked like it shared all three fates.
Amanda looked at the shadowed openings with their partially hidden stairways leading up to the apartments. Metal numbers eight inches high, some partially covered with chipped and faded paint, hung from the cracked frame on either side of the doorways. Her eyes followed the progression clockwise: seven and eight, nine and ten, eleven and twelve, until she found the pair bracketing the doorway on her right, twenty-five and twenty-six.
Her stomach knotted. The end of two years of searching waited at the top of those stairs. All she had to do was to put the gearshift into Park, turn off the engine, and walk up the steps.
Her hands gripped the steering wheel until they cramped. The engine continued to idle. She blinked. Why was she frozen in place? What Gorgonic force turned her muscles to stone, unable to make the final, simple movements that would end this part of her quest? She took a deep breath, held it, and then let it out slowly, relaxing as the air hissed between her lips. It was only nerves; fear of the unknown. She moved the shift lever into P and shut off the engine. Sweat immediately beaded her temples and the back of her neck beneath her thick hair. She grabbed her purse from the passenger seat and, after taking another deep breath, opened the door and stepped outside.
The fierce afternoon heat gripped her like a scorching fist. Her breath hissed through her tight lips. She inhaled reflexively. Hot air dried her throat as her lungs expanded. She squeezed her eyes shut as she waited for her glasses to compensate for the sun's harsh brightness. After a few seconds she opened her eyes.
Gravel crunched beneath her shoes as she lurched to the waiting stairway. The tiny stones under her leather soles made her stagger like a drunk. Her ankles protested as she struggled not to break one of her three-inch heels. Only four steps away from the car and she already regretted the not-so-sensible pinstriped navy jacket. The cream-colored silk blouse that looked so chic in the mirror back in her motel room now felt like wet plastic wrap clinging to her skin. Her legs grew slick inside her pantyhose. How had she forgotten about that? She stopped and tried to smooth her skirt as she looked upward into the shadowed stairway. Her glasses, darkened by the sunlight, intensified the shadows. Fog covered the lenses. Despite this, she made out the landing above. On either side was a closed door. The person she sought should be behind the door to the right. An old TV game show, Let's Make a Deal, flashed through her mind.
"I'll take door number two, Monty," she grimaced as she resumed her slow voyage. Her shoes rapped hollow echoes on the worn and faded stairs as she finally left the parking lot behind her. The dry wood was scalloped from the up and down march of decades of soles. The curved surfaces beneath her shoes' slick leather made her ascent treacherous.
Amanda stopped before a scratched and battered blue door. She raised her fist, ready to knock, and then hesitated. What was she doing here? What did she really expect to find on the other side of this panel? Answers? Understanding? Closure?
What about rejection? She hadn't seriously considered that possibility until this moment. Suppose he simply ignored her knock? What if he slammed the door in her face without so much as an acknowledgment? Was she ready for that?
Doubt filled her mind. Her hand slowly fell to her side. What right did she have to intrude on this man's life? Although he'd been one of her father's best friends — he was with her father when he died twelve years ago — did that give her any right to be here, in front of this door, ready to bring back that memory?
The stairwell was hot and claustrophobic. A bead of sweat itched as it slid greasily between her breasts and down toward her belly. A single naked bulb burned in the cracked ceiling above her.
She looked down the stairwell. Sunlight reflected back at her. Her car was down there. Freedom was down there. Sanity? Yes, that, too. She could give up the quest. She should give it up. Just walk down the steps, get into the car, and drive away. Just leave this dreary place. Drive straight to the airport, hop on the next plane to anywhere, and get as far away as she could. Let the questions remain unanswered.
Her father's face appeared before her. She saw his smile and the tenderness in his eyes. His laugh, so full of life and joy as they watched Saturday morning cartoons, filled her mind. The smell of his Sunday morning breakfasts welled up from her memory, meals filled with the love he lavished on her, her mother, and her younger brother.
Amanda stepped toward the edge of the landing. She staggered as twelve empty years without her father washed over her. The steps blurred. Tears filled her eyes and trickled down her cheeks.
No, she couldn't leave. She had to see this through. If she left now it would be a complete betrayal of those memories. She needed to know the truth of what happened on that horrible weekend trip to Tennessee. The answers were here, the mere thickness of a door away. Amanda turned. This time — before her doubts could interfere — she knocked on the door and waited for Fate to respond.
Neither Fate nor Mr. Kyle responded.
She stood in the shadows and waited. She counted to ten. Her mind raced. Confusion and doubt threatened to overwhelm her. What if he wasn't home? How long was she prepared to wait? If she had to leave, would she be able to gather her courage to go through all of this again?
She knocked again, this time louder. The silence grew. Despair and frustration slowly rose within her.
Suddenly, she heard faint sounds from the other side of the door — protesting springs, an old man's groan, the shuffling of approaching feet. The peephole in the center of the door darkened and then cleared.
"Whoizzit?" The voice was rough, sleep laden, and querulous. "Whaddaya want? Ain't s'posed to be no one botherin' folks aroun' here."
Amanda's voice caught in her throat. She swallowed. "M-Mister Kyle?"
"Who wants t' know?"
"My name's Amanda. Amanda Carlyle. My father was Johnny Carlyle. You used to be friends."
Silence. Then, "Johnny?"
"Yes, sir."
More silence.
Just as Amanda thought there would be no more conversation she heard a heavy sigh followed by what sounded like a sob.
"What do you want from me? I done told the cops an' everyone else all I had t' say back then. Why you botherin' me now?"
"I just want to talk to you."
"What if I don't wanna talk to you?"
Amanda hesitated. Rejection once more raised its scaly head. What if he did refuse to talk with her? Was she ready to leave all her questions lying unanswered on the worn doorstep and walk away?
"You were my father's best friend. You were with him when he died." More tears slid down her cheeks. "Please, Mr. Kyle. Won't you talk to me?"
Silence. No words. No scraping or shuffling.
Amanda turned away from the door. A sob burst from her throat. Her shoulders slumped as the weight of her defeat threatened to crush her. She took one slow faltering step, and then another. Her heels rapped a slow and funereal drum beat on the wooden steps.
Halfway down she heard a loud click. The door scraped open above and behind her. She stopped. Her breath caught in her throat. She resisted the urge to turn around.
"You've grown, girl."
She waited.
"The last time I saw you, you were just a teenager still in high school. You're taller, now. More like your mother."
She slowly turned and looked upward. Fred stood in the doorway, one foot inside the apartment, the other on the landing. He was just as she remembered him: black hair graying at the temples, smiling blue eyes set in a pleasantly rounded face, lips slightly parted with a hint of a smile.
She blinked. The image rippled, disappeared. A stoop-shouldered old man in faded workpants and a white, stain-covered undershirt — a wife beater some called it — replaced the picture. Gray hair cut in a flat top receded from a deeply lined forehead. Creases and furrows crisscrossed a sallow, beard-stubbled face. She expected him to look older — both he and her father were barely forty when her father died and twelve years had passed — but the man on the stoop looked to be at least seventy, maybe older.
"I — I think I've made a mistake," she stammered.
Fred shook his head. "No, child — I mean, Amanda. You're not a child anymore." He chuckled, a mirthless sound, and shook his head. "There's no mistake. I'd know you even if you might not recognize me. Too many trips to the bottom of the bottle for me, I guess. And time. They've all taken their piece o' me. It's me. Fred. Or, what's left of Fred anyhow. As for how much of a friend I might have been to Johnny, well, that's prob'ly open to debate."
She opened her mouth to speak, but nothing came out. Thoughts, questions, and memories tumbled through her mind. A maelstrom of emotion threatened to carry her away.
"I've been looking for you for such a long time," she finally blurted.
"Not what you expected am I?"
"It's not that. I mean ..." Her face grew warm.
"I know how I look. What I've become. Just a minute." He ducked inside the room for a moment and then returned. He closed the door behind him. "Let's go down to the bottom of the steps. I don't like to smoke in my room. It's small an' everything ends up smellin' like shi — crap, I mean. Don't know who it would bother. Certainly not the whores. Only things they can smell are crack an' dollar bills."
Amanda turned away and continued down the stairs, the better to hide her amusement. He saw her expression before she turned.
"I might look old an' rickety, but everything still works. I wish it didn't, sometimes, an' most times Rosie and her sisters are enough. Sometimes a man, even one like me, gets lonely. Too lonely."
Amanda felt the heat return to her cheeks.
"Times like that even rented comfort is better than bein' alone," he continued. "I don't expect someone as young as you t'unnerstand. In fact, I hope your life never gets so bad you have to find out."
They reached the bottom of the stairs.
"Mr. Kyle ..." she hesitated, uncertain of what to say or how to say it.
He held up his hand as he sat on the second from the bottom step. "Don't worry 'bout it none, girl. I'm not offended. You gotta have pride to be offended. That's somethin' I can't afford no more. Mine got stripped away a long time ago." Fred tilted a flattened, crumpled pack of cigarettes and shook it gently. He deftly plucked one of the three that appeared and stuck it between his lips. The white cylinder was bent in two places. He gently straightened it. The curves returned though not quite as pronounced. He shrugged, a "what the hell" expression on his face as he flicked the wheel on top of a yellow disposable lighter, stuck the end of the cigarette into the small flame, and inhaled deeply. As he exhaled, he set the nearly empty package and the lighter on the step beside him.
"Looks like it's almost time t'get another pack. Probably a new lighter, too. That one's gettin' low."
He drew deeply on the cigarette, leaned his head back, and exhaled slowly, his eyes closed. "Okay," he said. "You wanted to talk to me. Here I am."
Amanda looked at him as her mind raced. So many thoughts; so many questions. What to ask first? Her mouth opened and closed several times. Finally, she simply said, "Tell me about my father. About that weekend."
Fred took another deep pull on the cigarette and exhaled slowly, his eyes still closed. "Thought it might be somethin' like that. What do you want to know?"
"I want to know how he died. How he really died."
He looked at her, shrugged, and looked away. Something on the far side of the parking lot seemed to hold his attention. He finally looked back at her. "I told the cops it was a hunting accident."
She frowned. "Yes, that's what they told me — told us. If that was true, then why was the coffin closed? What kind of hunting accident would require that?"
Fred said nothing for a long time. He stared into the distance, his cigarette burning between his nicotine stained fingers. His mind returned to that horrible night. How do I tell a man's daughter that her father was torn in half right in front of me — that there was absolutely nothing I could do to stop it? How do I explain the existence of something that shouldn't exist?
When the ember came close to burning his skin he tossed the butt into the parking lot. He sighed and looked at the cement stoop between his feet.
"It's been more than twelve years since that weekend." His voice was a rasping whisper. "I still wake up nights wonderin' if I screamed out loud or just dreamed I did. It's bad enough that I go back there 'most every night. I don't think I could stand to do it during the day for someone else." He shook out another cigarette. His hands trembled as he lit it.
"Ask me something else." He looked up at her. Tears rimmed his eyes. His lower lip quivered. "Ask me anything else. How's your mother? What's Kevin up to these days? I'll bet he's tall like your daddy was. Tell me what you've been doing with your life since I last saw you. Just don't ask me about that weekend."
"That's the only thing I want to hear about. I didn't spend all that money on private detectives and Internet searches just so I could stand here in this god awful Texas heat and do family chitchat."
"How's your mother?" he repeated.
(Continues...)
Excerpted from Black Stump Ridgeby John Manning Forrest Hedrick Copyright © 2011 by John Manning and Forrest Hedrick. Excerpted by permission of iUniverse, Inc.. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
"About the title" may belong to another edition of this title.
Shipping rates from Germany to U.S.A.
| Item | 16 to 45 business days | 16 to 45 business days |
|---|---|---|
| First item | US$ 54.88 | US$ 54.88 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
Online Handel nur mit Neubüchern
Seller's business information
Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-
To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
-
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
-
Name of the consumer(s)
-
Address of the consumer(s)
-
Signature of the consumer(s) (only in case of a notification on paper)
-
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022