- Softcover
- New

Condition: New
US$ 26.80
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. KlappentextrnrnBumpy Roads is a collection of thirty-five entertaining and mostly humorous short stories comprising of life experiences in which we can all relate. Life travels many roads. Some are bumpy and may not be welcomed experiences, but .
Seller Inventory # 447931483
- Title
- Bumpy Roads
- Author
- Wilson, Brian
- Publisher
- Trafford Publishing
- Publication year
- 2013
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1490713271
- ISBN 13
- 9781490713274
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
BUMPY ROADS
A COLLECTION OF SHORT STORIES
By BRIAN WILSON, Rachel CoopTrafford Publishing
All rights reserved.
Contents
| PART ONE—Stories By Brian Wilson........................................... | 1 |
| Shaky Grounds.............................................................. | 3 |
| The Tree................................................................... | 9 |
| Just Water Under the Bridge................................................ | 13 |
| A Case in Time............................................................. | 19 |
| The Journey................................................................ | 25 |
| Uk Road Rage............................................................... | 31 |
| Happy View Hospital........................................................ | 39 |
| Three Granddads............................................................ | 43 |
| Up the Garden Path......................................................... | 49 |
| Zimbabwe—Land of Disappointment............................................ | 55 |
| The Past Revisited......................................................... | 59 |
| On a Crusade............................................................... | 63 |
| Solomon's Gold............................................................. | 75 |
| Sydney Adventure........................................................... | 79 |
| Garage Sale................................................................ | 85 |
| PART TWO—Stories By Rachel Coop............................................ | 93 |
| Memory Lane................................................................ | 95 |
| Flatting Dramas............................................................ | 99 |
| Flight 00Xyzk2............................................................. | 103 |
| Sprinkleening.............................................................. | 109 |
| First Date................................................................. | 113 |
| PART THREE—Stories by Brian Wilson......................................... | 123 |
| The Bully.................................................................. | 125 |
| All on a Sunny Day......................................................... | 131 |
| A Memorable Sermon......................................................... | 133 |
| Wedding Worries............................................................ | 137 |
| The Three Passes........................................................... | 143 |
| The Gold Coast............................................................. | 147 |
| A Day in Shanghai.......................................................... | 153 |
| Home Alone................................................................. | 159 |
| Baby Day................................................................... | 161 |
| Death in the Family........................................................ | 165 |
| The Gardener............................................................... | 169 |
| Love Conquers All.......................................................... | 173 |
| An Anxious Moment.......................................................... | 177 |
| Beneath the Ice............................................................ | 181 |
| Crowded House.............................................................. | 185 |
CHAPTER 1
SHAKY GROUNDS
"JUST A TRUCK passing," said Alex, laughing.
"Well it's so unnerving. Every time I hear a truck passing I think,hello another one," replied Bruce, as he composed himself and withdrewhis hands from the balcony rails. Alex, meanwhile took another biteout of his Boston bun, smacked his lips, then turned to Bruce. "Don'tworry it's just another moment in time. It will soon all blow over."
Bruce reached for his cup and took a sip of tea. This did seem tohelp calm his nerves. Apart from the fear of another earthquake oraftershock, it was very pleasant sitting on the balcony eating lunch ona sunny day.
"It's all bumpy roads from now on," added Alex.
"Yes, I had noticed a lot of road works around the city. Theearthquake caused a lot of sags and bumps, as well as broken pipes."Bruce produced a ginger biscuit and dunked it into his tea then bit offthe softened biscuit end. He had learned this trick from his parents. Itseemed to be an English tradition.
"That's not quite what I was getting at," clarified Alex. "I sort ofmeant it more figuratively."
"Like the future of the cathedral after all the earthquake damage?"
"Yes, and like demolishing most of the tall buildings in the centralbusiness district," added Alex. "Then there are seven thousand plushouses in the red zone."
"All to be demolished?"
"Yes, I would think so," replied Alex, "as well as many otherdestroyed houses in other parts of the city. But enough talk aboutthe Christchurch earthquake. I hear you've been travelling your ownbumpy roads."
"Bumpy roads! Bumpy roads! More like a dead end road gettinghim to pay his rent. When we signed up Marty for the flat his partnerwas a lovely lady, though he was a skinhead with tattoos. But myuncle used to say people shouldn't stereotype, so I put aside all mypreconceptions and agreed to their tenancy."
"Bad move?"
"Say that again."
"Bad move," repeated Alex, jokingly.
"I meant figuratively," responded Bruce who was not amused.
"Anyhow, not long after renting they split up. Unfortunately it wasMarty who stayed on. We got the raw end of the deal. His ex, who wasthe mother of his children, then moved in."
"So, she was no good?"
"No, she was fine. But this relationship didn't last either. He hadn'tbeen long back with her before he was once again playing the field.Naturally, when she found out he was having an affair, she left him."
"And the flat?"
"Yes."
"Another raw deal?"
"Very much so. From there on it was all down hill." Bruce tookanother sip of tea and dunked his biscuit again. He was clearly nowagitated, this time having to steady his hand as he held the cup to hislips.
"Gee wiz, it sounds rather like the storyline of a TV soap,"commented Alex. "I have always considered soaps as rubbish and notworth watching, but I guess we live in our own little cocoons and don'trealise how differently the other half live."
"Yes, it is hard to believe. Anyhow everything turned to custard. Heseemed to mix with the wrong crowd and from there payments ceaseddespite promises he would pay the rent owing."
"So you took him to the Tenancy Tribunal several weeks ago?"
"I had no choice but to evict him. I can't afford to have a tenantwho doesn't pay his rent, especially when the bank still expects me topay the interest on the mortgage. These tenants think we are rippingthem off, but they don't realise landlords have overheads like rates,insurance and mortgage interest."
"The Tenancy Tribunal?" prompted Alex.
"Well quite straight forward; just a lower level court—an adjudicatorinstead of a judge, and a stenographer to record the proceedings."
"Yes, but what happened?"
"I presented my case and a folder of evidence and the tenantresponded. Then the adjudicator asked a few questions and arrived ather decision."
"So he turned up then?"
"Yes, but late. The adjudicator wasn't at all impressed. At the endof the hearing she issued an eviction notice and an order for him torepay outstanding rents."
"And the eviction date?" questioned Alex, as he unwrapped anotherBoston bun.
"By midnight tonight, Alex."
"So you will be going around at midnight to check out yourproperty?"
"No, we will go around tomorrow morning and I will update younext week at work."
The next morning Bruce and his wife arrived at the flat. Brucecarefully lifted up the flap of the letterbox and suspiciously peered in.
"Sweetie, what on earth are you doing?" asked Janice.
"Well, I asked Marty to leave the key in the box, but you neverknow he may have put a mouse trap in there."
"Oh, for goodness sake, you are paranoid. We've been very goodlandlords. He is hardly likely to be out to get us."
"Well, it's better to be safe than sorry."
Bruce retrieved the key from the box and both walked down thedrive to the house. Bruce tried the front door. It was locked.
"There you go a tenant who leaves the key as instructed and locksthe door behind him can't be too bad. Sweetie, if he was going to trashthe house then he wouldn't have made an appearance at the tribunal."
Nevertheless, Bruce somewhat apprehensively turned the doorknoband edged the door slowly open.
As the door parted, they were greeted by a fowl smell of cigarettefumes.
"They were told they weren't to smoke inside," complained Bruce."This smell will be hard to remove. It will have permeated the ceiling,walls, drapes, carpets ..."
"Carpets! My new carpet; they've put ink all over my new carpet....and, and my drapes—my nice new drapes as well."
"That's not all," growled Bruce. "The imbecile has put his fistthrough all the internal doors and kicked holes in the bedroom wall."
".... And the mirror where is it? Sweetie, they've stolen your mum'svaluable mirror. I did wonder if it was safe leaving it in the house whenwe were renting it out."
Bruce and Janice spent the whole weekend cleaning up the house. Itwas a pigsty. The carpets required vacuuming, the fowl-smelling drapesdry cleaning and rubbish scattered over the floors needed removing.Outside, the lawns were just as bad. They obviously hadn't been cutfor at least a month. Trips had to be made to the rubbish dump as thetenants had thoughtfully left an expired refrigerator and other rubbisharound the property. There were three council rubbish bins available:green for organic, red for trash and yellow for recyclable. However, thetenants were obviously colour-blind and the bins required reloading.These had to be the tenants from hell.
Bruce was pleased to come back to work after a trying weekend. Hehad plenty to tell Alex at lunchtime. It was a wet day so Bruce joinedAlex at a cafeteria table instead of braving the balcony.
Alex pushed aside the newspaper he had been reading and lookedup at Bruce. "So, have you been to the police? After all, it was not justvandalism. It was also theft."
"Yes, but the police weren't that interested. Apparently, it is notsufficient evidence of theft even though the house had deadlocks,windows locks, and the tenants had the only key to the house. Youhave to prove they took the mirror. Anyhow, with the tribunal rulinghis name will be mud. No landlord will want him."
Alex pushed the paper in front of Bruce "They certainly won't. Didyou see the front page of the newspaper? There's a lot in there about theshortage of houses since the earthquake and look, here is a solo mumwho has tried everywhere and cannot get a house to rent. Apparently,a lot of people are sleeping in cars."
"Yes, but look how many houses this woman lived in over the lastyear," pointed out Bruce. "She was obviously a bad tenant to have beenin so many houses. I certainly won't be taking her in as my next tenant."
Alex grabbed the paper back turning the page. "Here's anothercase. This bloke has had to resort to living in a corner of his mate'sgarage surrounded by all his lifetime possessions."
"Let me see?" said Bruce, reaching over to look at the picture andread the article.
"My gosh, that's Marty and there's my mirror."
CHAPTER 2
THE TREE
STANDING TALL IN all its majesty is the eucalyptus tree. It is anicon upon a house-dotted hillside; the four huge trunks towering fortymetres and dwarfing the neighbouring houses. Crowned with a generousarray of branches and emerald-type leaves it is indeed a royal sight tobehold. For those living on the plains below, it is something naturaland pleasing to the eye, as opposed to a hill completely smothered byhouses.
Perched high on the hill above the frost line overlooking theNew Zealand Canterbury Plains, the tree enjoys the mild winters andwarm summer months. These are not too dissimilar to its Australianhomeland, though there are no koala bears to feast upon its leaves.
Throughout the year its welcoming branches provide a sturdy perchfor the large indigenous New Zealand woodpigeon; their presencebeing announced by a distinctive "whooshing" sound as their wingsslice through the air. These shiny green-purple birds, with a white bib-like breast, enjoy swooping and occasionally making steep parabolicdives as they fly between the high branches of the eucalyptus tree andother tall trees across the valley.
Autumn has now passed and with the onset of winter they arejoined by the call of the indigenous bellbird; always in fine concert voice.Delighting the neighbourhood and echoing through the valley theirchorus is likened to the chiming of bells. These birds are much smallerthan the woodpigeon and enjoy the safety of the higher branches. Themales are an olive green, while the females a duller olive brown.
Their finale is reached as summer approaches. The tree nowprepares for the pains of summer as the hot, dry northwest wind ripsthrough its branches and strips the trunks of bark. Broken branches,leaves and stripped bark are uplifted and scattered over neighbouringproperties, clogging roof guttering, and littering paths and gardens.
The neighbours then do not share the same sentiment towards thetree. They want it cut down. It creates work clearing guttering, pathsand gardens. But this is a highly valued tree under a protection order.It cannot be removed. For them this tree is a nuisance; obscuring viewsof the city, and endangering those living nearby. Besides, if the treeis removed then some properties would increase in value and somesections might be suitable for subdivision.
It is now late February and autumn is approaching. The strongdry northwest winds will become less frequent and the tree will regainsome reprieve from the strong winds. Suddenly, the ground shakesviolently as a powerful earthquake explodes from the depths. Theeucalyptus tree shakes in motion, and in the process tears a root to oneof its four trunks. As the shaking continues the wound becomes deeperand more serious. It seems that life is drawing to an end as the trunkstarts to slide into a tilt, and with a death-rattle creek it finally seversfrom the remaining tree. The trunk falls slowly and gracefully, beforesmashing its way through boundary fences. It comes to rest acrossfour neighbours' properties. One of the smaller branches falls onto aneighbour's Mercedes leaving the owner with an expensive dent. Thetree is now crippled having lost one of its four trunks with the otherthree continuing to precariously remain upright. A large aftershockand death will come knocking as the remaining trunks part company.
The neighbours are not pleased with the pending danger of theremaining trunks falling onto a house. They are now able to persuadethe authorities to have the protection order lifted. Little time is wasted inorganising tree fellers and wood merchants, and their plan is executed.The once magnificent tree is unseated from its hillside throne and isleft lifeless on the ground. Various insect types are quick to infiltrateits armour and feast on the tender meat underneath. The once richgreen emerald leaves start to fade and curl in the sun, to eventually rotaway—earth to earth, ashes to ashes, dust to dust; such is life.
In the place of the bellbirds the obtrusive high pitched, penetratingsound of chainsaws echo for over a week through the valley andneighbourhood, as the wood merchants cut through the metre-thicktrunks. This will make excellent firewood and will be warmly receivedby many families over winter. With large commercial chainsaws thewood merchants slice the trunks into rings that are wheeled over toa wood-splitting machine. This axe-head shaped cutter draws downsplitting the rings again and again into a number of fire logs. Trailerload upon trailer load of fire logs are carted away. The wood merchantsare very happy to have a free supply of firewood.
Once the wood merchants have taken the best cuts, homehandymen with toy chainsaws emerge from out of the depths of theneighbourhood. They take what is left leaving only a trail of sawdust.This too, doesn't remain for long as green-fingered neighbours appearwith sacks and shovels.
The neighbours are happy with the tree having been removed.But the woodpigeons never return and the neighbourhood does missthe warmth of the bellbirds chorus over winter. All that remains is anempty, boring section with the violated carcass, of a once majestic treerotting into the ground.
CHAPTER 3
JUST WATER UNDER THE BRIDGE
"COME ON," BELLOWED Laura. "We're on a tight schedule."However, Gary was very laid back and would not be rushed. There wasplenty of time. A quick visit to his daughter's house, then they wereoff to the theatre. He needed to look smart. Laura had talked him outof wearing a suit; her preference being casual. In the absence of a suithis favourite navy work trousers would suffice. He took pride in hisappearance and searched out a matching shirt and tie.
Laura now looked somewhat distraught after checking her watch.She held more firmly to a plastic bag of baby items she had put togetherfor her daughter.
"Come on."
Gary sauntered towards the doorway checking as he went thathe had the tickets for the play. He loved live theatre and was lookingforward to this latest play everyone was raving about. But first theywere to visit their daughter.
"It will be good seeing the new renovations Kay and Herbert havedone," commented Gary as he closed the door behind them.
"And the baby," reminded Laura.
"Yes of course."
"Look Hayley, here's Granddad and Grandma," announced Kay,as Laura and Gary came through the doorway.
"Oh, isn't she cute?" commented Laura. "Look dear."
"Yep!" responded Gary. "So let's see these renovations," he added,turning towards Herbert.
"We can do that later, Dad," Kay said directing them to the lounge,where everyone took a seat.
"I must have a cuddle," said Laura placing the three-week old babyagainst her chest.
"Oh, you are a little cutie," said Laura. "What a lovely little smile."
"Dad might want a cuddle too."
"I'm sure he would love a cuddle," insisted Laura.
"No, really I'm fine," reassured Gary.
"Herbert is now also able to change nappies. Would you like tochange a nappy Dad?"
"No, granddads don't do nappies. I did my share when you childrenwere little. I will leave this job to you and Herb."
"I did the last nappy," commented Herb, who felt quite accomplishedin this big step of becoming a father.
"Here," said Laura, planting the baby onto Gary's lap.
"Now where are these renovations?"
All but Gary and the babe rose from their seats. Gary was toonervous to put the baby across his chest and follow. These newbornbabies were so delicate with their floppy little heads that needed support."Hey! What about me?"
"You're doing just fine," commented Kay.
"Looks quite the doting granddad," added Laura laughing.
"Now I know what it's like to be left holding the baby," commentedGary, as the others disappeared out the lounge doorway. Thankgoodness the baby was asleep peacefully on his lap, or was she? As theothers departed, her tiny eyes started to squint and her little jaw beganto quiver. Then the bottom lip dropped and all hell broke loose. Thebaby's pale little cheeks quickly gained colour as she bellowed. Kayquickly returned to relieve the doting granddad of his love and joy.
"You've upset little Hayley," she said picking the babe up from herfather's lap. "Ook; she's had a leak. At the time I thought Herb had putthat nappy on a bit too loose." Kay carefully took the baby away andplaced her on a change mat, apparently unconcerned about the shadeof yellow spread across the front of her dad's navy blue pants. Yellowand navy blue was not a good match.
"Don't worry, dear," commented an amused Laura, as she wipedGary's pants clean, leaving a damp wet patch. "Not quite as bad as splitpants in public, though it does look like you have had an accident. Whatwill they think at the theatre?"
"That's what I am afraid of," commented Gary. "I certainly hopeit dries out before we get there, otherwise it will be humiliating."Gary borrowed his daughter's hair dryer, but the wet patch would notdisappear. It seemed like he had been left with a stain.
On the way to the theatre, Gary stopped and purchased a newspaper.This came in quite handy when they entered the theatre as Gary wasable to hold it in front concealing his embarrassment.
(Continues...)
Excerpted from BUMPY ROADS by BRIAN WILSON, Rachel Coop. Copyright © 2013 Brian Wilson. Excerpted by permission of Trafford Publishing.
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$ 54.67 | US$ 54.67 |
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