- Softcover
- New

Seller: moluna, Greven, Germanymoluna
AbeBooks seller since July 9, 2020
Condition: New
US$ 44.87
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. KlappentextrnrnPhineas Poole is notorious for making bad decisions. Blindly accepting the position as pastor of a small, unknown church in rural New Hampshire isn t the worst choice he could make. Yet he and Sister Mary Ignatius, an overbearing..
Seller Inventory # 447888205
- Title
- Embracing Darkness
- Author
- Roe, Christopher D.
- Publisher
- AuthorHouse
- Publication year
- 2012
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1477252762
- ISBN 13
- 9781477252765
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Embracing Darkness
By Christopher D. RoeAuthorHouse
Copyright © 2012 Christopher D. RoeAll right reserved.
ISBN: 978-1-4772-5276-5
Contents
Acknowledgements............................................................viiPrologue....................................................................xiOne A Brief History........................................................3Two The Stuttering Priest..................................................16Three A Cold Welcome.......................................................23Four A Less Than Auspicious Beginning......................................28Five Anything Can Stir Memories............................................34Six Father Meets Sister....................................................39Seven Argyle Hobbs.........................................................50Eight A Night without Sleep................................................57Nine Ben Benson............................................................65Ten A Morning like No Other................................................83Eleven Four Years on the Hill..............................................97Twelve Meeting the Bensons.................................................109Thirteen Ellen F...........................................................131Fourteen The Newcomers.....................................................181Fifteen Zachary Black......................................................198Sixteen The Newest Residents of Holly Hill.................................237Seventeen True Colors Shine Through........................................276Eighteen A Holiday of Betrayal.............................................303Nineteen Three Surprises in One............................................333Twenty One Big, Happy Family...............................................366Twenty-One Broken Angels, Broken Hearts....................................392Twenty-Two If You See Darkness, Color It Black.............................436Twenty-Three A Man Lurks from Sun to Sun...................................455Twenty-Four Things That Fall Apart Stay Broken.............................511Twenty-Five Cleaning Up the Mess...........................................572Twenty-Six Duty Calls......................................................622Twenty-Seven Armageddon....................................................650
Chapter One
A Brief HistoryI am often haunted by my memories of the Benson Home for Abused and Abandoned Boys. The fragmented pieces of an injured childhood have left what little remains of my life in ruins, yet I'll not make what I'm about to tell you about me. Not at all. In fact, that which I feel compelled to express on paper isn't autobiographical whatsoever; and although it takes place in the town of my birth, none of my kin are involved.
What's more, born and raised a strict Congregationalist, I find that my faith here takes a back seat to everything involved. In other words, my story is the story of others. All that occurs, you see, are events that I've researched. Some of those involved are simply people whom I once knew; others, people I just heard of; and a few, ones I feared.
Imagination and wonder are truly remarkable. Some say the two go hand in hand. Perhaps so, but wonder does lead to many things. It opens doors, huge floodgates of supposition. A powerful thing, surely, to be able to search one's memory and wonder how the whole world could be different, or even to wonder about everything that exists within the confines of one's own small town.
I wonder a lot.
I wonder how, had I chosen a different path, my life would have been. I wonder whether the mistakes I made, both during my stay at the Benson Home for Abused and Abandoned Boys and afterwards in adulthood, could have been avoided had I done things differently.
I wonder what children who are like I once was—abused, beaten, and neglected—become once they reach adulthood. Do we necessarily become like our parents? Is the abused always destined to become the abuser? Or do we become something worse?
I wonder too whether I can answer such questions. Isn't the first step to self-improvement admitting to yourself and to others that you have a problem? I know all too well what my wife and children think of me. I've made mistakes. I acknowledge that. God only knows how many mistakes I've made. And I'm paying for them every day.
I wonder why I ever became a writer in the first place. Was it so that I could relive the pain of remembering over and over as I transfer my reality into fiction? Was the decision a way to torture myself as a means of atonement? Some people become alcoholics or drug addicts to hurt themselves on purpose because of self-hate. Do I hate myself?
I do not wonder why I've finally chosen to write this story. I desperately wanted to tell it, even though it was the hardest thing I've ever had to do. It took me years to drum up the courage. The research has steered me all over the country and consumed two years of my life. I had to investigate whatever needed to be found out to get the story right. The interviews were many; the disappointments and doors slammed in my face were even more. However, I vowed not to give up until I got everything down for a fair and accurate account of what occurred in Holly, New Hampshire, between 1925 and 1942.
What would it have been like had Father Phineas Poole not been asked to take over the Parish of St. Andrew's in the spring of 1925? Would the small Roman Catholic population of the town have grown substantially or decreased dramatically? Would the troubled youth of Rockingham County have been better off with indifferent foster families, or would such children have benefited more from a state-run institution whose bureaucracy would neglect these lost souls far worse than any private citizen ever could?
Wondering becomes complicated. That's why I stopped asking myself questions that were too complex to answer. Instead, I concentrated on only one: Would things ever be as close to normal again as they were in Holly before the arrival of the new priest?
St. Andrew's Roman Catholic Church was nothing spectacular, but then again neither was Holly. It was as close to a normal, small New England town as anyone could hope to find at that time. It had been established in 1640, shortly after Reverend John Wheelwright and his followers arrived, courtesy of the Massachusetts Bay Colony, today known as the Commonwealth of Massachusetts. Wheelwright had been exiled for rather inflammatory religious opinions that he shared with Anne Hutchinson, his sister by marriage. His other sin was that he robbed the land in and around what would become Holly, land that had once belonged to the Squamscott Indians.
Being a man of the cloth, one would presume that Reverend Wheelwright treated the natives fairly, giving them more than the twenty-four dollars that the Dutchman, Peter Minuit, had paid for Manhattan Island only twelve years earlier. Yet who am I to say how their business transpired? There isn't much in our local history books to shed enough light on whether or not Wheelwright acted magnanimously or miserly.
I suppose this speculation is irrelevant, since it's more astonishing to me that Holly was even founded at all. Even though it was hundreds of years ago, folks around town still hold to the legend that, when Reverend Wheelwright came through this territory on his way to establish Exeter, he passed a great spread of land. What made him choose to press on was not that he thought the land impossible to irrigate for farming, but the presence of one thing he called a "monstrosity." Onward they continued, or at least most of the party did. A few of the nearly 200 souls he had taken with him asked to remain behind. They liked the land and thought Wheelwright's "monstrosity" actually quite pleasant to look at.
This geological structure known as a drumlin, formed by receding glaciers thousands of years ago, was indeed an amazing sight, bulging out in the middle of the flattest of flat land. Being a small-to-average size for a drumlin, it still looked immense to the human eye, yet its summit reached only eighty feet. From one side to the other, it spanned approximately 3,000 feet, looking like the back of a whale slowly emerging from the earth. The 1,200-foot ascent to its peak from its gentlest slope of four degrees made it not too difficult to climb and offered a much more pleasant view from its apex than from the bottom.
"Climbing the beast," as the locals used to say, was avoided in the beginning, with the first settlers ignoring its existence. Often it was Holly's children who would call attention to the hill, periodically gawking at it. After a while some started asking their parents whether they could go climb it. They would say things like, "Perhaps we can see the ocean from the top!" and "Maybe a giant lives up there!"
Old Mrs. Kingood would relate stories that she had heard when she was a child. Dr. Hapscotch, the town physician back in the early 1800s, was the first to deem the hill a blessing. It was, as he always put it, "a way for lazy people to go out and do their bodies some good for a change." He'd always said that Holly had more than its share of corpulent people. Before the doctor went public with his approval of the hill, not one soul had ever climbed it, which was a shame because the top offered a splendidly picturesque and panoramic view of the land below. From the summit could be seen miles and miles of flat farmland, dirt roads, cows grazing in the distance, a house here and there, a thin blue line in the distance, signifying where New Hampshire's coast met the vast Atlantic, and of course, directly down the hill, the cluster of small buildings and streets that made up the town of Holly.
Silas Rosgrove and Cletis Cartwell, two rather large gentlemen in their forties, and best friends, took the doctor's advice and made their way up the hill on the first day of summer in 1822. Unfortunately their first attempt was their last. About halfway up the hill, with their bald heads getting sunburned and their eyes stinging from drops of sweat, Silas took out his handkerchief to wipe his forehead and, in doing so, accidentally pulled out an embroidered hanky with the initials "CC" on it. These initials were not Cletis's but rather his wife's. Clarissa Cartwell had been having an affair with Silas Rosgrove, and until that moment it was the best-kept secret in town.
An argument on the hill ensued. People in town would bet what they've got in their purses that accusation and denial occurred up there on the hill that late June day of 1822. The two men were seen by Jeb Hawkins, the local blacksmith at the time, wrestling each other like two sumo wrestlers, until they both lost their balance and tumbled down the hill, clutching each other's clothing and anything else they could grab. It was determined later by Dr. Hapscotch that Cletis had died from a broken neck, most likely due to the fall, and Silas from a heart attack.
In the latter's mouth was found the embroidered handkerchief. Of course, the only way anybody knew about the affair was that Missy Gilmore was at both funerals and quickly spread the word that Clarissa Cartwell had been sitting in the front row at Silas's service and muttering words such as "loved," "can't," "alone," "need," "miss," and "we." Missy even heard people saying how Clarissa had put off Cletis's funeral so that she could attend both without missing a single word of Reverend White's eulogies.
In 1853 Jefferson Pierce, beau to Hilda Beauregard, had finally drummed up enough nerve to ask her to marry him. He had been the first in his family to graduate from college and was an aspiring young man who attended his first four years of college at Harvard before entering Yale Law School. During his first year in New Haven, he met and fell in love with Ms. Beauregard, the eldest daughter of one of his professors. The two quickly became constant companions. Among their friends the couple was voted most likely to be together until death did them part.
Jefferson took Hilda up the hill. They made it up there in about ten minutes, which was about twice the average time for one to climb it, but the two had to stop every few seconds to cuddle, kiss, and fawn over each other. They reached the top a bit out of breath but happy to have finally made it. Spreading their blanket out on the edge of the summit, they set their shoes on each corner and immediately resumed the physical side of their love for one another.
They had never made love before, but when Jefferson had told Hilda the night before that he wanted to take her up the hill to make a special request, she assumed it would involve her virginity rather than her hand. Jefferson pulled his lips away quickly, trying to speak over his heavy breathing, the result of his excitement and anticipation of the question he had yet to ask. Hilda was also still nearly out of breath, due to the ascent up the hill while half the time her lips had been locked onto Jefferson's.
"What is it?" asked Hilda.
Jefferson lowered his head and said, "I'm, I'm ready to ... well ... would you be willing to ...?"
Hilda, understanding Jefferson's stammering to be a request for sexual intercourse, shouted, "Oh, yes! Jefferson! Oh, yes! Oh, yes! Oh, yes!"
Young Jimmy Phillips had also climbed the hill that day. He had been dared by his friends to climb to the peak, stick his mother's broom handle into the ground, and come back down; yet he had come up from the opposite side, whose slope was steeper, another condition of the dare. After shoving the stick into the ground, Jimmy decided to take a rest, as the ascent had been fairly strenuous. So he lay down on his back, taking in the sun. As he reclined in the tall grass, he heard all the commotion coming from the two young lovers.
Jimmy sat up and watched. Later he would say, "Call me a peepin' tom if you want, but what I saw I ain't never gonna forget! That's for damn sure!"
Hilda, after screaming her last "Oh, yes!" tore open the upper part of her dress and undid her corset. As stunned as Jimmy Phillips was, he said later that Jefferson's face looked even more so. Hilda then leaned forward to rip open Jefferson's shirt. Dumbfounded, he looked from her face to her naked chest, to his naked chest, and back to her face.
Now a bit embarrassed by her astonishing behavior, Hilda said, "I'm just as anxious as you, I guess. That is why you asked me up here, isn't it?"
Jefferson paused, then grinned and exclaimed, "Uh, yeah! Oh, yeah!"
The two laughed together before Hilda, wanting to finish what she had begun, lunged to unfasten his pants, losing her balance in the process and falling on top of him. With Jefferson's back on the hill's edge, his penis protruding from his trousers and the weight of Hilda Beauregard falling onto him, the two began to tumble down the hill, half-naked and wrapped in an embrace. There was nothing for either of them to hold onto except each other as they kept rolling.
Suddenly, about halfway down the hill, Hilda felt something tear inside her. At that same moment she heard Jefferson grunt in pleasure. She soon began making that same animalistic sound as he tumbled over her, then she over him. During their last five tumbles before hitting the bottom, Jefferson screamed in coital pleasure, louder and louder with each roll. Having lost all their remaining clothes during their awkward journey downward, they came to a stop with a loud thud. Jefferson, now on top of Hilda, gasped and then sank his heavy head on her breast. He lay there motionless.
Hilda, knowing that the deed was done, albeit not how either had planned, chuckled to herself, ran her fingers through Jefferson's hair, and said, "Hmmm. That was fun, Jefferson. I mean, it hurt something awful. My mother always said that the first time would hurt, but it wasn't as bad as I thought it would be. Probably because my mind was elsewhere, thinking we were going to break our fool necks."
Jefferson didn't move a muscle. Unbeknownst to Hilda, some people had taken notice of the two lying at the foot of the hill naked.
"Jefferson!" Hilda hissed, now realizing that people were gawking at them. She began to tug on his hair, whispering angrily, "Get off me, and take your thing out of me! I can feel blood trickling down my thigh, and there are people coming this way."
Still not a muscle did Jefferson Pierce move.
"Jefferson?" Hilda asked, a bit frantic now as a crowd of eight assembled around them in confusion.
"You alright, young lady?" Luther Reynolds asked as he patted Jefferson on the shoulder, as if beckoning him to remove himself from the young woman.
Now realizing what had happened to her beau, Hilda gazed up at Luther Reynolds and the others and calmly said, quite indifferently, in fact, "He should've asked me to marry him instead."
Jimmy Phillips, who had run down the hill after them, said later that it took three grown men to pull Jefferson Pierce out of Hilda Beauregard.
She left Holly the following week in grief for her dear Jefferson, taken away from her so prematurely. It was said that she gave birth to a son nine months later, whom she named Richard and called Dick for short.
Hubert Young, one of the oldest living residents of Holly, would say from then on that the hill was like war: "A good way to keep the population down." It would be several more years before the next endeavor was made to tackle the hill. That wouldn't come until 1860.
What John Wheelwright had failed to discover, besides the sheer beauty from the hill's vantage point, was that it was an ideal place for a tree, far away enough so that people wouldn't molest it for its sweet syrup or its wood. Such a tree standing tall at the summit of Holly's drumlin symbolized the region. It became a full-grown New England maple, and it stood firm and proud, surveying everything else for miles around. In fact, this totemic tree, planted in 1860 by the Benson clan, was never once robbed of its syrup. It stood nearer to heaven than any other living thing of equal or larger size as far as the eye could see. Its leaves danced freely in the breeze that swept across the hill's summit.
St. Andrew's Roman Catholic Church, like Holly itself, was in contrast to the maple rather bland and unimpressive. Of course, some said that its white-painted planks and timbers made the church glisten in sunlight, but if you didn't notice St. Andrew's aesthetic qualities it wouldn't linger in your mind. This was in fact the opinion of nearly the entire population of Holly. St. Andrew's, being so far out of everyone's way, easily escaped attention, so much so that Holly's tiny Catholic population infrequently attended St. Andrew's, just as it was largely forgotten by almost everyone else.
The sanctuary's hill location prompted many of the faithful to worship at home on Sunday mornings. Some Catholic families even opted to break church law and attend the services of other denominations that were considerably closer and easier to get to. As was the case throughout this part of the country in the late nineteenth century, most New Englanders were Baptists, Congregationalists, or members of the United Church of Christ. Holly's Catholics were descendants of Irish immigrants who'd left Eire during the potato famine of 1848, recently arrived Italians who had found Boston too crowded, and some German Americans who'd inhabited New England since before the Revolutionary War. No matter what their ethnic background, Holly was given a church for these people.
It was certainly a wonder to many, if not most, why anyone would put a church on a hill with no road linking it to town. The only way up and down the mountain was by foot. During its construction back in 1892, it was decided by contractor Horace Crosby that the church should be built solely of wood, due to the difficulty of transporting stone and brick to the summit. This was fine by the Diocese of Manchester, which had recently established its presence in upper New England by 1884. The cost of constructing grandiose, cathedral-like churches ran very dear and would have taken more manpower to get the materials needed up the hill. Lumber, however, was plentiful and, better yet, cheap.
Horace Crosby knew the local mill owner, Jack Harmon, whose grandfather had started the company when Jack's father was still in grade school, but in recent years the mill was losing a considerable amount of business. Buildings were being created in brick and stone more frequently, and most sales of wood were mainly for floors and furniture.
(Continues...)
Excerpted from Embracing Darknessby Christopher D. Roe Copyright © 2012 by Christopher D. Roe. Excerpted by permission of AuthorHouse. 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$ 56.16 | US$ 56.16 |
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