Preparing the New Redefined Form 990 For Nonprofit Organizations
Language: English
Published by AuthorHouse, 2009
- Softcover
- New

Condition: New
US$ 55.12
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. KlappentextrnrnThe object of this book is to educate both new and experienced preparers to deal with the numerous changes relating to the filing of the 2008 Form 990 series of tax returns. While the old 990 had just two schedules to complete, th.
Seller Inventory # 447709843
- Title
- Preparing the New Redefined Form 990 For Nonprofit Organizations
- Author
- Sobel, Stuart P.
- Publisher
- AuthorHouse
- Publication year
- 2009
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1438958331
- ISBN 13
- 9781438958330
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
PREPARING THE NEW REDEFINED FORM 990 FOR NONPROFIT ORGANIZATIONS
By Stuart P. SobelAuthorHouse
Copyright © 2009 Stuart P. SobelAll right reserved.
ISBN: 978-1-4389-5833-0
Contents
Chapter 1: Introduction to Redefined Form 990....................................................................1I. Why the dramatic change?......................................................................................1II. Who regulates the nonprofit sector?..........................................................................2III. Panel on Nonprofit Sector 2005 Report.......................................................................4IV. Planning for the quality preparation of Form 990.............................................................5V. Information Sources...........................................................................................7Chapter 2: 2008 General Instructions for Form 990................................................................8I. Overview of Form 990..........................................................................................8II. Analyzing who must file Form 990.............................................................................13III. Accounting periods and methods..............................................................................19IV. Specific filing requirements.................................................................................21Chapter 3: Specific Preparation Instructions for Parts I-XI of the 2008 Form 990 (Core Form).....................25I. Heading.......................................................................................................25II. Part I: Summary and Part II: Signature block.................................................................29III. Part III: Statement of program service accomplishments......................................................33IV. Part IV: Checklist...........................................................................................38V. Part V: Statements regarding other IRS filing and tax compliance..............................................45VI. Part VI: Governance, management, and disclosure..............................................................56VII. Part VII: Compensation......................................................................................70VIII. Part VIII: Statement of revenue............................................................................85IX. Part IX: Statement of functional expenses....................................................................99X. Part X: Balance sheet.........................................................................................111XI. Part XI: Financial statements and reporting..................................................................118Chapter 4: Specific Instructions for Schedules A-R...............................................................121I. Schedule A - Public charity status and public support.........................................................121II. Schedule B - Schedule of contributors........................................................................141III. Schedule C - Political campaign and lobbying activities.....................................................147IV. Schedule D - Supplemental financial statements...............................................................157V. Schedule E - Schools..........................................................................................166VI. Schedule F - Statement of activities outside of the United States............................................172VII. Schedule G - Fundraising or gaming activities...............................................................179VIII. Schedule H - Hospitals.....................................................................................189IX. Schedule I - Grants and other assistance in the United States................................................193X. Schedule J - Compensation information.........................................................................198XI. Schedule K - Supplemental information on tax-exempt bonds....................................................209XII. Schedule L - Transactions with interested persons...........................................................213XIII. Schedule M - Non-cash contributions........................................................................222XIV. Schedule N - Liquidation, termination, dissolution, disposition.............................................230XV. Schedule O - Supplemental information to Form 990............................................................236XVI. Schedule R - Related organizations and unrelated partnerships...............................................239Appendix A: Number of Nonprofit Organizations in the United States, 1996 - 2006..................................252Appendix B: Better Business Bureau Charitable Standards..........................................................254Appendix C: IRS Forms............................................................................................261Form 990 - Parts I - XI..........................................................................................262Schedule A.......................................................................................................273Schedule B.......................................................................................................277Schedule C.......................................................................................................281Schedule D.......................................................................................................285Schedule E.......................................................................................................290Schedule F.......................................................................................................291Schedule G.......................................................................................................295Schedule H.......................................................................................................298Schedule I.......................................................................................................302Schedule J.......................................................................................................304Schedule K.......................................................................................................307Schedule L.......................................................................................................309Schedule M.......................................................................................................310Schedule N.......................................................................................................312Schedule O.......................................................................................................315Schedule R.......................................................................................................316Form 990-EZ......................................................................................................320Form 990-T.......................................................................................................324
Chapter One
Introduction to Redefined Form 990I. Why the dramatic change?
A. Overview of the nonprofit sector
A look at the astounding growth of the nonprofit sector in the United States and throughout the world will show why the changes in the IRS Form 990 are warranted. For example, in 1996 there were 1,084,939 organizations in the United States; ten years later the total number of organizations had grown to 1,478,194, an increase of 36.2 percent. More significant is the increase in the number of public charities. In 1996 there were 535,930 501(c)(3) public charities, and by 2006 there were 904,313 or a 68.7 percent in just 10 years. However, the most impressive statistic of all is the increase in private foundations during that same 10-year period. The number of private foundations grew from 58, 774 in 1996 to 109,852 in 2006 - a whopping 86.9 percent increase!
The United States is not the only country with a large number of nonprofit organizations. In 2006 Russia was estimated to have 277, 000 and India was estimated to have between one and two million nongovernment organizations.
Economic conditions in the United States have resulted in numerous business failures, and the nonprofit sector is feeling the fallout. Established nonprofits are beginning to lose the support that they have counted on for years. Charities have long relied on foundations for funding, but because of the conditions in the stock and securities markets, many foundations no longer have the monetary resources to provide for grants and other forms of funding. Over the next few years nonprofit organizations will continue to feel the impact of the economic downturn.
The nonprofit entities themselves have an impact on the economic system. IRS calculations show that the total revenue for all public charities exceeds 1.15 trillion dollars. Nonprofits and charitable organizations, which provide supplemental support to both the government and private sectors, play a significant role in American society.
It is important for the charitable sector to maintain the highest levels of integrity and credibility. While the nonprofit sector must remain independent, it is appropriate for government to provide oversight and, where necessary, enforcement. Nonprofit organizations should be held to a higher standard than their for-profit counterparts, and as fiduciaries of other people's money, they must exercise duty of care.
The huge growth of the nonprofit sector in such a short period of time has influenced Congress and the IRS to greatly modify the reporting requirements for nonprofit organizations. Government has determined that the Form 990 series of tax returns is the strongest method to communicate to all sectors of society what is transpiring in aggregate and specific accomplishments of respective organizations. Since Form 990 returns are public documents, the information they contain is available to anyone who wishes to review them. By expanding the amount of information that is to be reported in Form 990, the transparency of organizations will increase.
Appendix A contains a breakdown of the numbers and types of U.S. organizations as gathered by the National Center for Charitable Statistics. The breakdowns of the different types of entities reflect considerable growth in a number of specific sectors.
The reasons for the increasing numbers of nonprofit organizations in the United States and nongovernment organizations throughout the world are many and varied. The perception that government has the responsibility to provide humanitarian services to those who are in need has existed for a very long time. However, many problems or socioeconomic conditions cannot be addressed because governmental agencies, restricted by funding, do not have the necessary resources to deal with them. The nonprofit sector developed as a place where government and the private sector could collaborate to improve socioeconomic conditions and enhance the quality of life.
The increase in the number of organizations has resulted in some duplication of provided services which in turn have resulted in excess administration costs and a reduction of the funds that are available for program services. There is a dire need for enhanced monitoring of the nonprofit sector to create an effective utilization of resources and eliminate waste. The revised Form 990 will aid in monitoring programs and offer many opportunities to improve the nonprofit sector.
II. Who regulates the nonprofit sector?
Both federal and state governmental agencies are charged with monitoring and regulating the activities of nonprofit organizations. At the federal level the Internal Revenue Service's Division on Tax-Exempt and Government Entities has the responsibility for reviewing applications for tax-exempt status, auditing a sampling of the Forms 990 filed, and enforcing the requirements imposed on organizations by the tax code. The IRS is also authorized to assert penalties for noncompliant organizations and, as a last resort, to revoke an organization's tax-exempt status.
The IRS like many other federal agencies has been unable to sufficiently increase its staffing to monitor the rapidly growing number of U.S. nonprofit organizations. Although the number of nonprofit organizations grew exponentially between 1996 and 2006, IRS exempt organization staffing increased only about five percent during the period. The agency has embraced the expansion of Form 990, because it believes that the form will be an aid to monitoring and reviewing the operation of nonprofit organizations and that it will provide more information to the general public. The increased transparency of the entities should result in their improved operation.
State governments have their own laws governing the creation, operation, and dissolution of nonprofit organizations. In most states the attorney general bears the responsibility for enforcing the laws and investigating complaints of fraud or abuse. Organizations are generally formed through the office of their state's secretary of state. Charity regulators for the states monitor adherence to charitable solicitation laws, investigate complaints of fundraising abuse, and maintain lists of registered organizations.
Charity watchdog agencies supplement government oversight by monitoring the activities of nonprofit organizations. Some organizations that provide supplemental information:
a. GuideStar, which is the operating name of Philanthropic Research, Inc., a 501(c)(3) public charity, places copies of organizations' Form 990s on the internet for public inspection and analyzes the information that is provided by the respective organizations.
b. The Wise Giving Alliance of the Better Business Bureau, a 501(c)(3) public charity affiliate of the 501(c)(6) national organization, has created 20 measurable standards of charity accountability. The standards measure a charity's effectiveness. A charity may apply to the organization to gain certification as an accredited entity. The Bureau conducts an independent review of each applicant to determine whether the organization has met the standards and can be deemed as an accredited charity. The Better Business Bureau Standards may be found in Appendix B.
c. Charity Navigator reviews charity information and grades organizations based on the information they submit. The grades indicate Charity Navigator's appraisal of how well the organization is operating.
Foundations provide further regulation when they review grants for funding and evaluate the accomplishments and viability of entities that are soliciting grants. Even with all of the governmental and other agency review, the real responsibility for charity oversight remains with the "true" regulator, the donor, who gives money to a charity or provides support for other nonprofit organizations.
Form 990 is a major source of information for all regulators, because it provides an in depth analysis of the operation of each organization. By reviewing an organization's annual Form 990, individuals, organizations, and government agencies can obtain information about the entities that will enable them to make wise decisions regarding their level of support for an organization.
Unfortunately many fundraising campaigns result in greater sums of money going to the fundraisers than to the charities that are in dire need of the support. The oversight of charity fundraising campaigns is normally the responsibility of the respective state's attorney general's office, which cannot possibly investigate every problem with fundraising. Individuals can use a state attorney general's resources (website and publications) to monitor the activities of fundraisers and organizations in the state.
In many instances while the portions of funds that the fundraisers take comply with the law, the nonprofits do not receive an adequate share. The new Form 990 requires charities to disclose the results of their fundraising campaigns in more detail. The disclosures will assist individuals, who are constantly being asked by numerous organizations to support their causes. For example, donors might not appreciate 90 percent of all money being collected for a charity going to a private corporate fundraiser instead of going to the charity. Form 990 will give contributors information so that they can identify those organizations that receive the highest percentage of funds raised.
An obvious problem is whether individuals will actually take the time to review an organization's Form 990. Normally during the holiday season donors are inundated by charities asking for donations before the end of the year. After national disasters numerous causes request humanitarian support for people who are in dire need of immediate assistance. Organizations like universities that have received ongoing support from contributors try create feelings of guilt in donors if they do not continue to support the organization as they had in the past. Hopefully the IRS, charity watchdog agencies, educational institutions, and the entities themselves will encourage people to review organizations' Form 990, a document that provides an in-depth picture of an organization's accomplishments and, therefore, is a guide to wise charitable giving.
III. Panel on the Nonprofit Sector 2005 report
The results of a 2005 study conducted by the Panel on the Nonprofit Sector, which was created by Congress to study nonprofit governance, transparency, and accountability, was one of the biggest precipitators of the changes made to Form 990. Recommendations summarized in the panel's report include the following.
A. Recommendations for Congressional action
1. Authorize funding for IRS to move ahead with mandatory electronic filing of Form 990 returns
The electronic filing of Form 990 will reduce IRS staffing needs. The savings in staff power could be applied to other IRS duties such as expedited treatment of applications for tax-exempt status or increased examinations of nonprofit organizations
2. Direct the IRS to require that the Form 990 series be signed under penalties of perjury
Signing a return under penalties of perjury should force individuals to make sure that the information that they submit is accurate and correct. The penalties for perjury should also be a strong inducement for organizations to be in compliance with the law and to provide accurate information.
3. Have the return signed by an officer of the organization
In some instances tax returns were signed by individuals who really did not have the authority to execute the document. For example, a director may have been asked to sign a return when the task really should have been assigned to the president or treasurer of the organization.
4. Amend federal tax laws to require organizations, even those with income under $25,000, to file an annual notice with the IRS that includes basic contact and financial information
Because of the $25,000 threshold, many organizations never filed current information with the IRS after they were formed and received their determination letters. The lack of filing information made it difficult for the IRS and others to obtain current information regarding these organizations. Form 990-N, which is new, was adopted for organizations to annually report their status to the IRS.
5. Amend federal tax laws to require charitable organizations to notify the IRS when they cease operations
States will often administratively dissolve an organization. While the reason for dissolution could be voluntary, it is often due to an organization's lack of responsiveness to state requirements. If an entity never files a Form 990, the IRS cannot know if it continues to legally exist. A lack of notification regarding an organization's cessation of activities causes potential problems for government agencies and donors alike.
6. Amend tax laws to extend present conduct penalties imposed on income tax preparers for omission or misrepresentation to Form 990 returns
Preparers of nonprofit returns should be held to the same standard of due diligence as preparers of forprofit returns.
B. Recommendations for Internal Revenue Service action
Revise Form 990 series to ensure accurate, complete, timely, consistent, and informative reporting.
Provide financial and program description summary information.
Separate information into distinct sections or schedules.
Information about an organization's purpose and program should be included on the first page of the forms.
Definitions of terms should be clear and consistent throughout the entire Form 990 series of returns.
Forms should be modified to provide clear information needed by other federal and state regulators to enforce laws governing charitable organizations.
Supporting organizations should provide specific information about whether or not they are operating as Type I, II, or III supporting organizations.
Organizations that own donor advised funds should be required to disclose the total number of funds it owns, the aggregate value of its assets held, and the aggregate contributions to or the grants made from those funds.
Organizations that make financial awards and grants to organizations should be required to provide specific information regarding the recipients of the awards.
Compensation information should be provided in more depth to require disclosure of compensation paid by the organization to all of its board members, trustees, chief executive officer, other officers, and its five highest compensated employees.
Forms 990 should disclose which board members are independent according to the definition added to the tax laws by Congress.
Require organizations that have their financial statements audited to complete the forms using the same accounting methods that were used to prepare their audited financial statements.
Conflict of interest policies and travel policies should be disclosed by the organizations, which should provide specific information regarding the travel costs of individuals.
The above list of recommendations is not all-inclusive.
A review of this text will show that literally all of the recommendations of the Panel of Nonprofit Sector on Governance, Transparency, and Accountability have been incorporated into the new Form 990 document. The increase in information that is required for the filing of the return will have a dramatic impact on the organizations and preparers of the document.
IV. Planning for the quality preparation of Form 990
While the reporting required in Form 990 unquestionably benefits the regulating governmental agencies, it also provides a vast amount of data that will benefit donors and other funders of organizations by giving them valuable information that they can use to make intelligent decisions regarding the causes they wish to support. Preparers of the new Form 990 will have a challenging task. In addition to the historical financial information reported in the prior form, the 2008 Form 990 requires a number of narrative descriptions. They will need to keep a good thesaurus and dictionary handy right next to their copy of the Internal Revenue Code.
As one reviews the new Form 990, it becomes apparent that the preparer of the return cannot wait until just a few days before the due date to prepare the document. It will take time to acquire the relevant information from various individuals in the organization. Therefore, preparation of Form 990 will require a unique partnering of the organization and the preparer of the return, who should establish a system for gathering all the information that is necessary to complete the form.
(Continues...)
Excerpted from PREPARING THE NEW REDEFINED FORM 990 FOR NONPROFIT ORGANIZATIONSby Stuart P. Sobel Copyright © 2009 by Stuart P. Sobel. Excerpted by permission.
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$ 54.95 | US$ 54.95 |
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