- Softcover
- New
Seller: moluna, Greven, Germanymoluna
AbeBooks seller since July 9, 2020
Condition: New
US$ 23.30
Quantity: Over 20 available
Add to basketItem description from seller
Seller Inventory # 447941392
- Title
- The Web of War
- Author
- Baillie, E. R.
- Publisher
- iUniverse
- Publication year
- 2014
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1491724455
- ISBN 13
- 9781491724453
It is 1812. For four years, Daniel Brownell has been crossing the Detroit River from Canada every day to attend school in America. But as General Hull prepares to invade Canada at Sandwich, where the Brownell family has a store, eleven-year-old Daniel must choose between following his American father--who is determined to join General Hull--or remaining with his unstable Canadian mother. After he decides his mother needs him more, Daniel retreats with her to Amherstburg, where a wealthy man rumored to be friends with the Shawnee agrees to take them in.
Seventy-two-year-old Matthew Elliott has just been named lieutenant commander and chief of Indian affairs in the British Army, and he is tasked with keeping Tecumseh and his warriors in line. As Elliott welcomes Daniel and his mother into his home, Daniel does his best to accept his new life. But when Elliot asks Daniel to deliver a letter to General Hull with the hope of deceiving him, the boy puts his own life in jeopardy in an attempt to save his father's. Although Elliott has participated in many savage battles, the day Daniel loses his innocence grieves him mightily as he realizes that no one--not even a child--can escape the chaos created by war.
In this historical tale, two intersecting families are caught up in the War of 1812 as America invades Canada and a boy, an Indian agent, and a great Shawnee chief struggle to survive.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
THE WEB OF WAR
By E. R. BaillieiUniverse LLC
All rights reserved.
July 1812
Matthew Elliott
Sarah was wantin' me to use the big office in the front of the house and spend less time in the little room off the kitchen, but it suited me here where the table was solid and the chairs were rough; where the back door used by the Indians was close; where merchants came and went carryin' food and gossip; and where sweet fragrances seeped in from the kitchen. Far as I was concerned there couldn't be a better office. Since I married sweet Sarah, I'd run my farm and my Indian trade from that room and become pretty damn rich in the process.
It sure as hell wasn't in my plans for this office to turn into what was fast becomin' a war room.
Alone, I put my feet up on the table, tilted my chair back, sipped my brandy and stared at the blurred vision of myself in the window. There I was, Matthew Elliott, who, not of my own choosin', had become "Lieutenant Commander, Chief of Indian Affairs." 'Twas a glorious title for an Irishman who had just completed his 72nd year, and in spite of not wanting it, didn't it pleasure me to know how it must stick in the craw of every English officer hereabouts? 'Course, I damned well deserved it, havin' devoted the best years of my life to livin' and workin' with the Indians in the Ohio and Upper Canada regions, but I wasn't stupid; I knew that were it not for the threat of war and the need for a man of my talents, the fekin' British would have had me out on my ear before my next piss.
Alexander, my son, disturbed my reverie when he came in with a letter in his hand. "A soldier delivered this to the front door. Looks like it's from
Lieutenant Colonel Procter. Should I open it?"
I sighed and nodded my head. "Sure ta hell it's some kind of complaint!"
I watched Alexander as he tore open the letter. This son was my pride—the man who would take the Elliott name from a rough-and-tumble reputation to one that would be looked up to in Canadian society. He was small-like, and like me no beauty, havin' my sharp cheekbones and receding hairline, but his skin was white like mine, which was fortunate. If he'd had the skin colour of his brother, Boy, and his mother, Love, my beautiful Indian first wife, 'twould have damaged the future I'd planned for him.
I had sent him East for many years, first to study and later to become a lawyer, and here he was back, dressed in frock coat and leggings, every bit the gentleman. Now we would have time to get to know each other again.
Alexander read the note slowly. "It is from Procter. There's a covering note: It says, `Elliott, because you have repeatedly ignored my orders, I'm forced to send this letter to Quebec.'" Alexander put aside the cover letter and read through the several pages of the official missive.
I was in no big hurry to hear.
"Says here that you are suspected of peculation, that you clash with the military authorities and that you are secretive about the affairs of the Indian department and careless about the department's accounting. Quite a damning document, Da!"
I slammed my feet to the floor and started for the door. "Tear the damned thing up! I'm going to see the snot-nosed son of a bitch and tell him how things get done in this part of the world."
Alexander followed me out. "Procter's the man with the gold on his shoulders, Da. We'd best try to smooth things over."
"That son of a bitch is doin' this because he can't stand the sight of me and this is his way of lettin' me know it."
We kept at it while we waited for a servant to bring our horses up. In frustration, Alexander thrust his fingers through his thick mane of black hair. "You have to own that you don't help matters. When he's in the room, you're worse than a hissing cat!"
I mounted my horse. "Can't help it, my boy. The idjit is girdled by the fekin' `military rules' and can't see that they don't work with the Indians! Are you coming with me?"
We usually went from my farm to Fort Malden by canoe along the Detroit River, but it was a blustery day and the Indians would be paddling against the wind. Anyway, a gallop into the wind best suited my mood.
The soldier guarding the palisade gate waved us through, and we walked our horses directly to Procter's headquarters.
Alexander took the reins of my horse and tied both animals to the hitching post. "Watch your temper please, Da."
He was right, but men like Procter, weak men with a lot of power, were dangerous human beings who always left a man like me growling with helplessness.
Procter did not look up from his paperwork when we were shown in. All we could see was his receding hairline, long nose and drooping jowls. "I deduce you received my note, Elliott." He continued signing papers, moving each one aside after it had received his venerable signature.
"I did that, sir, and am here to ask you to explain yer complaints."
He stopped writing and looked up but kept his pen poised. "There's really no need to go into it all, Elliott, as you'll not be with us much longer, but as long as you're asking I'll tell you. I ordered you to keep weapons out of the hands of the Indians until we were ready to have them fight. You've disobeyed me and not gone by the book. That's enough for a court-martial right there."
I chewed on my anger. Alexander elbowed me lightly. "Soldiers don't understand how the Indian Department has to be run. Jaysus, God almighty!" Alexander cleared his throat to get my attention, but I ignored him. "Indians have never heard of `the book,' and there's no way in hell I'll be able to keep them happy by doing things your way!"
"I could have you arrested for speaking to your commanding officer like that."
"You, sir, are not my commanding officer. You've given me a title because you need me to keep Tecumseh under wraps until you're ready to have him fight. And I know that to succeed, not only must we feed the Indians, we're going to have to arm him and his men." I leaned on the desk and stared right into the face of the mealy-mouthed bastard. "And do somthin' more concrete than hollow words about our promises of land on this side of the Great Lakes."
He leaned over and opened a drawer, from which he pulled what I figured was the famous document, and then he pushed his bulk out of the chair and waved the document in front of my face, stepping too close to me. "An officer has gone over the financing for Fort Malden, and it shows that your Indian Department is spending far more than can be easily explained. Quebec will be very interested in your peculations."
I did not retreat from his fat face. He was not going to frighten me. "You go right ahead and send it! We'll see whether Quebec values my services enough to ignore your unproven accusations."
His face blossomed in furor, but he did not back off a single inch. "I was born in Ireland; my father was a surgeon in the British army. I know about men like you, Elliott. You can't resist skimming off the top."
Aha! Then I understood! A Brit who grew up in Ireland! 'Twas sure he'd never be able to tolerate the likes of me. "Do as you see fit, Lieutenant Colonel. Just don't forget that I'm the man who can lead a force of Indians, and without them Indians you're banjaxed before you start."
"You're right, I need the Indians, but I don't need you, Elliott." I could smell his rotten breath, he was that close. "I'll do my level best to relieve you of your position and find someone who is willing to do things by the book. I'll hold on to the letter for a month, but if you don't change your attitude, it will go in August."
I turned to leave, saying, "You won't send it. You need me too much. If you do, I guarantee you'll regret it."
The wind had died down by the time we left. We rode side by side in silence, Alexander respectin' my need to rid myself of the stink of Proctor's breath and the words that spouted out of it. I kept blowing air out of my nose to try to rid myself of the rotten sensations.
Halfway home, Alexander looked over at me. "Are you ready to talk, Da?"
I gave a final blow through my nose and nodded my head.
"You've never told me about your life in Ireland. The Lieutenant Colonel seemed to suggest that he was a superior human being because he grew up there."
"'Course he thought that. Why wouldn't he? The British had passed the goddamned penal laws, which said Irish Catholics couldn't go to school, we couldn't serve as apprentices, and we couldn't even practice our religion or do any other damned thing that might raise us up. I was born into a poor Irish family, and like all the other Irish we lived in scrabblin' misery, too hungry and too poor to revolt. To live in Ireland under fekin' British landlords like that man we just left was to live without hope."
Alexander was quiet for a while as he absorbed the story I'd never told. "That's why you left?" he asked finally.
"Aye, but had I stayed in the country, sure ta God I'd have been jailed for some kind of violence against them snotty overlords."
"It must have been hard to leave your family."
I shook my head. "I'll confess something to you, my son. 'Twas not the departure from kin that weighed me down as I leaned on the railing of the ship and watched the Emerald Isle disappear. No, 'twas a whole load guilt at the relief I felt leaving a family I could not entirely love. They were victims who had accepted their lot, and pity soiled my feelings toward them. For me, real love needed to be packaged in respect." I reached over and squeezed his arm. "Like my love for your mother."
'Twas Alexander's turn to be silent. I knew he was thinking of his mother, as was I.
After a few minutes, he leaned into the neck of his horse and stroked its mane. "It's said that before you married Mother, in your years trading with the Indians, you left a lot of `half-breeds' like us in your tracks." He choked on the word "half-breeds."
I laughed. "I never denied it a'cause it added to my manly reputation, but truth be told, I didn't shoot any fertile bullets until I married your mother when I was 50 years old. I guess my body was waitin' till the real thing came along."
Alexander slowed his horse down to listen. "I hardly remember her."
I reined my horse in to match the pace of his. "I know, and it breaks my heart. She was small, your mother was, but strong, with large hands and a vertical crease between her eyes, which disappeared when she smiled. She could do everything: medicate, cook, plant and love; Jaysus, Mary and Joseph, could she love! That's why I called her Love, because it felt right and her Indian name was too damned long."
My voice choked on the memories. "I suspect that not everyone has been privileged to experience a special moment in life, one so unforgettable that it never leaves you." The rhythm of the ride rocked my memories. "It happened to me when lyin' on my bed of deerskin-covered pine boughs, with you straddled on my stomach and Love lyin' beside me feeding the baby, Matthew. Your delighted giggle, the cooing of Love, the sucking of the baby and the fragrance of cut pine were all isolated and bathed in light, and my mind sang the words, `I am happy!'"
"But then my mother died."
"She did. Just like a damned river reflection, seems happiness has to have its opposite. I came down with a fever, Love caught it and it killed her. It hurts to think about that time."
"Is that when you moved us to Amherstburg?"
"We might have moved anyway. For the Indians in the Ohio region, 'twas the beginnin' of the end. The Americans were going after their lands and the British had pulled in their wings and retreated further north."
Alexander shook his head. "You didn't give me enough time to make Amherstburg a home. You dragged me across the Erie and Ontario and down the St. Lawrence River and left me there to be schooled."
"I did that and I'd do it again."
"I was only nine years old!" he complained.
I knew it had been difficult for him, but there was anger mixed with my guilt. "You should be grateful. You got the education not allowed me in Ireland, and look at you now."
That shut him up for a few minutes as he mulled over the conversation. Finally he gave me a sad smile. "At least now I understand."
We spurred our horses and headed for home with unwelcome emotions as passengers on both horses.
As we handed the reins of our horses over to the stable boy, I said to Alexander, "We have to get our hands on Procter's letter before it is sent."
I found Sarah in the parlour with my namesake, Matthew (whom we'd nicknamed Boy so there'd be less confusion with names), and with the two babes born to me and Sarah, my second wife. I was sapped dry and exhausted, but the sight of my little family brought a tired smile to my face. The birth of these two little ones when I was 70 and 72 years of age put a polish on my reputation, that was for certain. My wish had been to spend my senior years enjoying my wealth, running my farm and having time to take advantage of the pleasures of my young family. It was all I wanted.
It was I who should have been down on my knees playing with the little ones, but Boy was there instead. "Rest your weary bones, Da," he said without looking away from the babes. "I'm here."
Did I hear a tinge of sarcasm in his voice?
Alexander disturbed the confusing scene. "They've sent news from the fort. The Americans have declared war!"
Sarah's Diary
I heard the juice in their whispers as they sat down behind me at Father's funeral. There was sympathy, I know, but it was spiked with titillations. "They say he was so drunk he sat backward on Old George and that horse just reared up and threw him headfirst into the rocks." I stared hard at the altar pretending I had not heard and clung to the front of the pew imagining listeners shaking their heads in false sympathy while they bit back smiles and other tales about the wild antics of the Irish schoolmaster.
I heard a woman who more than likely was wiping fictitious tears with a dainty handkerchief mutter, "Poor Sarah, they say she'll have to give up the house to pay her father's debts," and another reply, "She can probably take her father's position. He, at least, trained her well for that."
I was damned if I'd let them see how I loved my wild, sad, brilliant father, so I said my private farewells to him, wiped my tears and followed the coffin down the aisle with emotions locked up tight. I kept them that way through the burial and the gathering that followed, not relaxing until I was finally home alone. I collapsed in Father's chair, which would soon go with the house when the bankers confiscated the property.
That night I stood in front of the mirror, let down my auburn hair and attacked my sparkling vanity with harsh brush strokes. I, "Poor Sarah," had no intention of becoming the teacher of little urchins, all of whom were interested only in shooting, shouting and scrapping.
While I brushed out the tangles, Mr. Matthew Elliott's face popped into my head and with it a plan began to take shape. I had been aware of Mr. Elliott for years because he was always on the tip of everyone's tongue: a man who teetered on the fence of legality but, without fail, seemed to survive the richer for each undertaking.
As I smoothed my hair that night and looked at myself in the mirror, I guessed my youth might appeal to him. My reflection and I developed a plan.
Now here I am, "Poor Sarah," mistress of the biggest house in the area, mother of two beautiful babes.
Mr. Matthew's "peter" is as old as he is. Oh, how I wish I'd known how beautiful his son Boy was before committing myself to the senior member of the family! Since my husband can't read, I shall hide you under my pillow, Dear Diary. I would not want Alexander to find it. He already looks at me with suspicion.
In spite of my yearnings, it has been a successful few years, and now all might be ruined by war.
CHAPTER 2July 1812
Daniel
Since I was 7, I'd crossed the river every day to go to school in Mr. Donovan's schoolhouse in Detroit. Everybody knew Mr. Donovan was a drunk, but Papa said he was also the best teacher in the whole area, so even if he missed a day here and there I'd still get a better education than I would at the Sandwich Schoolhouse. Mr. Donovan died when I was 9, but by then I had good friends, so I kept going.
(Continues...)
Excerpted from THE WEB OF WAR by E. R. Baillie. Copyright © 2014 E. R. Baillie. Excerpted by permission of iUniverse LLC.
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$ 56.90 | US$ 56.90 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
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