The Sparkling Void
Language: English
Published by Archway Publishing, 2017
- Softcover
- New

Condition: New
US$ 25.59
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. KlappentextrnrnFinancial advisor Tony Clark never knows who?s going to walk into his Southwest Florida office. It?s usually older folks with the balance of their lives behind them and an investment portfolio in dire need of attention. Finances a.
Seller Inventory # 448020418
- Title
- The Sparkling Void
- Author
- Clark, R Anthony
- Publisher
- Archway Publishing
- Publication year
- 2017
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1524697907
- ISBN 13
- 9781524697907
Financial advisor Tony Clark never knows who's going to walk into his Southwest Florida office. It's usually older folks with the balance of their lives behind them and an investment portfolio in dire need of attention. Finances are personal, and Clark often endures lengthy descriptions of ailments, family problems, and bitter life stories as part of the job. Then Donald O?Brien walks into his office, gradually opens up about his story and pulls the young advisor into another world. Yes, he's an honorable World War II veteran, and Clark loves hearing those stories and helping heroes in their closing years, but O?Brien was something more. After heroically flying night missions and battling the Nazis, he came home to begin a more startling occupation: master jewel thief. The doddering old man revealed a remarkable transition from ace pilot to the top of the FBI's most wanted jewel thieves list. Little did Clark realize he?d soon have to make his own transition as he's inextricably woven into the dangerous world of accomplices, treasure, violence, and regret.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
The Sparkling Void
By R Anthony ClarkAuthorHouse
All rights reserved.
Contents
The Geriatric Psychiatrist, 1,
Measure of a Man, 4,
Rainin' Hell, 7,
Back Home to the Neighborhood, 24,
A Score to Settle, 38,
The New Son, 45,
Go West, Young Crook, 50,
Big Grab in Beverly Hills, 56,
A Sparkling Age, 68,
California Bites Back, 85,
No Turning Back, 88,
Jersey Girl, 97,
Good Friends in the Right Places, 125,
The Sparkling Void, 132,
The FBI Strikes Back, 154,
Fade Out with a Friend, 157,
Art Collector, 166,
Someone's Watching!, 177,
Cop and Mouse, 185,
Westford Nightmare, 192,
Once a Hero ..., 209,
Closing the Void, 218,
CHAPTER 1
THE GERIATRIC PSYCHIATRIST
Retired folks are a pain in the ass. The more money they have, the less they want to spend. The more they love their hometown, the less they care about the paradise in which they spend the winter. The bigger the engine in their cars, the slower they drive. Nowhere is this immutable law more pronounced than in Southwest Florida, where gleaming-new 350-horse Cadillacs crawl along highways at 22 miles per hour, two skeletal hands clutching the steering wheel the only visible evidence of a driver. In Senior Citizen World, the more time they have to waste – usually yours – the more of a rush they're in. They don't really have to be anywhere, but they figure they'll get more for their nickel by claiming they must be somewhere else right now. It takes a real expert to make an appointment with the "busy" retired because they rarely schedule more than one activity per day.
"Lunch tomorrow, Mrs. Smith?"
"No, I have a doctor appointment."
"How about Thursday?"
"No, Thursday is my hair day."
"Friday then?"
"Well, Friday is bridge." And so it goes. "Can you visit on Saturday? I have the entire day." It wouldn't occur to someone long retired that Saturday is the one blessed day kept for myself.
I've come to imagine myself a psychiatric specialist for wealthy geriatrics. However, my business card says I'm a financial consultant. My job entails getting to know and understand each affluent, retired client well enough to invest their life savings in investments secure enough to allow them their daily three hours' sleep. Of course, the returns on the portfolio must be productive enough to cover the continued spoiling of grandchildren and countless early-bird specials.
Each client's tolerance for investment risk is a little different, and quantifying human character and emotion is always the challenge. Just as a soldier never knows how he'll handle his first night in a foxhole, I too can never predict how a new client will take the first market correction in retirement. Some can only panic, wanting to sell everything at the market's bottom. Many are excited by an upward market surge and want to buy shares at exorbitant prices. Emotions are inexorably linked to one's own money. Unfortunately, the correct move is usually the opposite of that demanded by fear and greed.
The job is all about communication, and that means listening. Every day I suffer through clients' agonizing and mundane details of people and things which no sane individual would examine. However, hidden amongst the mountains of painful stories about perfect grandchildren or the gruesome details of the last trip to the doctor, there's occasionally a diamond-in-the-rough I'll delegate to permanent memory. With a little luck, and mountains of patience, the legitimately true, life-changing narrative eventually emerges. I've heard blistering descriptions of Normandy on D-Day; Iwo Jima and ratholes full of Japs; communist death threats against union leaders in their attempt to control American labor; the creation and loss of fortunes; the genius of invention and the sorrow of heartbreaking loss. It's the best part of the job, by far.
Empathizing with failure is my specialty. When someone has suffered a significant financial loss, their tolerance of risk is forever altered – and gauging risk tolerance is my primary directive. Perhaps it was my father's own bankruptcy, ending generations of significant wealth, that allowed me to see the good things that come from nearly every failure. As a high school kid, moving to Florida and starting over with nothing after our home foreclosure was the highlight of my life. Helping my mother pay the bills while putting myself through college remains my proudest achievement. Isn't it strange how so many of us remember the best times being when we had absolutely nothing? Still, the long list of financial accreditations beside my professional title indicate my intention to master financial matters so as to never make the same faulty decisions as my father, and return to poverty.
Sometimes it is easier for the elderly to forget the fantastic parts of their lives than relive the pain that made those times extraordinary. Difficult as it is to talk about when one's ship was torpedoed and mates drowned, or how a business failed, everyone seems to feel better after discussing the source of their trauma. Importantly, my ability to listen and help clients put it all into proper perspective has created strong bonds of affection and appreciation. In a healthy, geriatric mind, a chronic failure in the past is merely a different-colored thread in the complex tapestry of their character.
Wins or losses, I try my best to pry those memories from clients' wrinkled past both professionally and for my own growth and amusement. My office dialogue is a daily rummage through grandma's jewelry drawer. Mostly cosmetic and the poorly constructed tarnished long ago, there's always one piece of treasure: timeless and exciting.
For me, that rare gem was Donny O'Brien.
CHAPTER 2MEASURE OF A MAN
Donny O'Brien, 80, walked into my office one quiet summer afternoon and asked if I knew anything about the stock market, which was a silly question to ask a money guy. I was young and eager, not yet 30 years old, but accustomed to dealing with cranky geriatrics of every sort. I assured Donny I knew the stock market intimately, which was the truth, and that I could use it to help him make money. The old guy grinned tightly, that craggy Mt. Rushmore face reshaping itself with a large measure of patience to accommodate this peppy kid in front of it. I asked all the right questions, taking notes, while Donny grudgingly and skeptically shared his relevant thoughts. They seemed quite ordinary at first.
As Donny talked, I was distracted by the appearance that framed him; this old guy had lived hard. Some seniors belie their age through easy living and care, and others through the many miracles of modern surgery. Many have hoed a row few of us could imagine, taking a beating from life while sometimes giving a beating right back. The end results are 80-year-olds who might look 55, or 65-year-olds who look a 110. Donny landed hard in the latter category.
A good half of Donny's scalp contained an outrageous mop of gray steel wool while the other half exhibited a catcher's mitt of spots and scars vaguely resembling a map of the Caribbean Islands. Once a proclaimed six-footer with an athlete's body, Donny had shrunk several inches from lugging around the weight of the world. He fought the stoop gamely, but the fight was abandoning him. Donny's brows, thick as any seniors should be, tangled over shocking-blue eyes that must have seen everything and missed nothing. Those damn eyes, when he turned them on you, seemed to give you hope, a sort of ridiculous hope that you were lucky to be there and that things would be more interesting from now on. These were either the eyes of a true priest blessed with the word handed down from on high, or they were the tools of a world-class con artist.
In Donny's case, they were both.
Donny's voice was cracked and grizzled to match his face; a half-octave lower than nature intended due to decades of cigarette and cigar smoke. When he spoke, he wasn't in a rush.
"I don't have much money," Donny half-heartedly confessed, "but I like to take a flyer now and then."
In the financial world, this statement generally meant the investor would require a lot of attention over odd and wild trades with very little hope of return and some potential liability for the broker. On the other hand, a savvy money professional never believes what an investor says about their net worth until he sees the numbers. A blowhard with a Bentley might not have enough money for gas on the car ride home, while a quiet grandmother wearing 20-year-old shoes might own half of downtown Denver.
For some, the lack of significant accumulated retirement savings reveals insufficient discipline and an overly casual attitude about life. Those are the ones who are more fun at happy hour, but make lousy clients. Others, you can just tell, didn't waste a cent as they passed through a richly-lived and exciting life. Initially, anyone would have thought Donny the former. And they would be wrong, as I was.
We talked for quite a bit that first time but ultimately didn't say anything worthwhile. I figured out, after some time, that Donny was testing me, measuring the hotshot in front of him, and determining if the kid would be a friend or foe. Donny had the skill of critical and accurate assessment; it was second nature to him. He could take the measure of a mark within minutes, but always spent extra time and effort to confirm his judgment; to make sure the person in his sights was precisely who and what Donny thought they were. In our initial meetings, Donny was following that very careful process with me, though I didn't quite understand it at the time. Taking pride in my own meticulous craft, I failed entirely to see I was the subject of Donny's scrutiny as well.
Donny visited my office often, sometimes dressed like a hobo, other times clad in some perfectly weird and wonderful outfit right out of a 1957 jazz club. Moderately edgy, Donny seemed to be holding himself back from some major decision or disclosure. In my experience, the closet eccentrics often make for the best stories, and Donny's troubled waters ran deep and cold. After he'd warmed to me a little, I sprung a standard question on him.
"Did you fight in the Big One, Donny?" To anyone over a certain age, "the Big One" meant World War II. After I'd asked the question, the look on Donny's face either conveyed he had a lot to say or I'd made a huge mistake. He took quite some time before saying anything at all, and I began to grow concerned.
"Yeah, I was in the war. Flew a little bit in Europe."
That was not the last time Donny would offer an understatement of vast proportions, not by a long shot.
CHAPTER 3RAININ' HELL
Late afternoon, May 1941
The Air Corps was the best thing that ever happened to Donny O'Brien. Hell, what red-blooded American teenager wouldn't want to go overseas, shoot things up and not only didn't you get in trouble, they paid you for it. Fliers, as everyone knew, had the best gig in the war and Beau fighters had the best of even this great job. There was no one dropping bombs on you, no jagoff firing a machine gun at you, and no sergeant screaming at you to get out of the trench and charge some impregnable concrete block. Fliers slept in actual beds, ate real meals and, more than occasionally, chased after real pussy.
On the flipside, you had huge bursts and thunder claps of ack-ack exploding in your face, sneaky rat-bastard escort fighters hiding in every fucking cloud, and the occasional stall-outs over the English Channel, forcing you to wonder if your glide path was going to make you a greasy smear on the White Cliffs of Dover. The real coffee and English broads made up for the sheer, bone-wrenching terror of an unplanned dogfight. As tough as the combat might be, knowing you were going to lose half your squadron within six months made a flier's special hell that much warmer. But as the Frogs say, c'est la vie. Donny was going to hang onto the guys in his group while he could.
Given his Jewish/Irish upbringing – in an Italian/wop neighborhood no less – Donny never really belonged to any group he could call his own. He didn't imagine that his childhood was an actual train wreck but, fatherless to boot, he never had much of one. The Air Corps changed all that. Donny didn't just belong among these talented clowns, he was treasured by them, respected as a gifted flier and sought after for advice and ideas. Donny, it was noted, also had a way with women. He wasn't exactly a lady killer, but English girls loved Donny's shy humor and quiet manners, which earned him the accompaniment of many a wingman. The English girls – married, single or otherwise – felt a noble obligation to shag the fliers given they viewed these men as brave defenders of the home front. If the boys needed a warm memory on their way to battle the Hun and face certain death, the English girls were going to make that memory a lasting one.
There was another side to Donny's commitment to this war. Rumors of Nazi atrocities on the front lines were horrible enough, but the shocking stories of genocide against Jews – including his mother's own relatives – wiped away any remorse O'Brien might have felt about blowing the Nazi empire into oblivion. Every kill was an act of positive change in the world, and Donny would take any shot available to him to achieve those changes. Every pilot in his squadron felt some level of this grim determination; it motivated them, and they reveled in that single-minded mission.
It came as a bit of a shock to Donny that he turned out to be an excellent pilot, and one of rare talent and true inspiration. He had an intuitive feel for the air few fliers could match. At every step of his training, he excelled not just in his class, but surpassing his own instructors' abilities within a few lessons. Those same instructors pushed Donny to new heights, sensing his innate abilities, and inspiring him to achieve more. Air Corps instructors universally maintained a deep appreciation for those who possess an exceptional talent for their trade, burying any lingering jealousy in the knowledge that certain abilities were born in and must be nurtured in this life-and-death struggle for the world's future. Donny had that rare ability, and his teachers made it their mission to turn his talents loose on the Krauts.
The Beaufighter, for Donny and the Air Corps, was a perfect match of talent and weapon. Like a sniper with the ideal rifle, Donny and the Beaufighter were a match made for war. The first fighter to carry radar, the Beau could plot out Luftwaffe targets in any weather and with no visibility necessary. The onboard radar sets were immensely valuable, but also dangerous as enemy ground units could triangulate locations from the radar emissions, directing fighter groups to the attack.
Almost unbelievably sturdy and heavily armed, the twin-engine Beau could trade punches with Luftwaffe fighters but, even more importantly during the desperate Battle of Britain, it could stand up to the defensive pounding inflicted by Luftwaffe bombers during close attack runs. Hardly nimble with its relatively slow top-end speed, the Beau sliced deep into bomber formations, taking heavy barrages of machine gun fire while inflicting even more punishment on the lumbering Heinkels and Junkers.
The Bristol Beaufighter was deployed in numbers by Fighter Command just in time for the start of the Luftwaffe's nocturnal Blitz on Britain. With new radar sets installed onboard, "Beaus" had the ability to find approaching Luftwaffe planes and engage the bombers with devastating results. Boasting six 7.7mm machine guns in her wings and four 20mm cannon in the nose, a Beau shredded anything in her sites with devastating results. Slow by typical fighter standards, the Beau made up the difference by packing a thunderous wallop of lead. Moreover, its twin Hercules III engines were well-armored, deflecting or absorbing off-center shots while producing 1,400HP and a top speed more than 300 miles per hour. With its heavy weight, a Beau could dive like hell for the deck, gaining airspeed and matching lighter planes – a characteristic which saved more than one pilot making a mad dash for the cover of low coastal clouds.
Donny's passport identified him as British but, in fact, he was one of a few American pilots asked to fight for the Brits before Germany declared war on all Allies in December of 1941. Because he and his navigator were Americans, in case they were downed behind enemy lines, any American items were removed from their persons and plane, and they were vigorously trained on what to say or not to say if captured and facing Nazi interrogations. The two fliers formed the vanguard of future Americans who would soon be thrust into the looming World War, serving as sources of information and quasi-trainers for those to come. Donny was debriefed after each flight about the techniques he employed and the success of his methods. This information was sent stateside and utilized by instructors preparing pilots for the inevitable actions against Axis powers.
(Continues...)
Excerpted from The Sparkling Void by R Anthony Clark. Copyright © 2017 R Anthony Clark. 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$ 55.06 | US$ 55.06 |
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