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Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. KlappentextrnrnImagine waking up each day with an identity, a home, and a purpose in life. Now imagine that in the space of a short, impersonal judicial hearing, your identity as a father, husband, neighbor, and breadwinner are torn away, and yo.
Seller Inventory # 447983755
- Title
- The Wonder of You
- Author
- Burchyns, Raymond
- Publisher
- Balboa Press
- Publication year
- 2015
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1504328302
- ISBN 13
- 9781504328302
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
The Wonder of You
By Raymond BurchynsBalboa Press
All rights reserved.
Contents
Dedication, vii,
A Special Note Of Thanks, ix,
Foreword, xi,
Chapter One: In Neglect, 1,
Chapter Two: Kick Him, 10,
Chapter Three: Miracle, 26,
Chapter Four: Little Surfer, 50,
Chapter Five: Think, 60,
Chapter Six: True Love, 74,
Chapter Seven: Kids, 90,
Chapter Eight: All You Need, 119,
Chapter Nine: Sixty Four, 134,
Chapter Ten: God's Word, 155,
Epilogue: Every Day Girl, 171,
Biographies, 179,
CHAPTER 1
In Neglect
"They leave us now to the way we took ..."
The words quoted above are from a poem called "In Neglect" written by America's premier craftsman of poetry, Robert Frost. They reflect his attitude about his choice to take his own path in life, most especially in the choice of a life's partner. Against the strong objections of family and friends, Frost chose to follow his heart, a choice he never regretted.
And, so with me. I had been looking for my perfect fit, my 100 pounds of clay. Fortunately I found her but not without some difficulty, about which more later. But for the moment let us begin at the end.
It was a beautiful, sunny day that found me wandering aimlessly. The legal system had set my sails and cast my fate to the winds. I wasn't navigating all that well and aimlessness had become de rigeur, so to speak. Suddenly from nowhere a lightning bolt struck me squarely in the ass. As the smoke cleared I found myself rubbing the affected spot vigorously. My mind had not entirely cleared when I heard a rumbling sound and then a powerful voice addressed me: "Yo, knucklehead, when are you going to stop by my shop and pick up that hundred pounds of clay I sculpted for you. Or do I have to find another way to get your attention?"
I looked around, thinking that someone was playing an unusually good trick on me. Then, as my mind cleared completely, I knew that this was no earthly gambit; I knew with a certainty that what I was dealing with was supernatural. Even so somehow I realized that the spirit moving within me was not evil. It had to be heavenly and that being the case my Jesuit training kicked in immediately—best obey the Lord's command for your arms are far too short to box with God-- had been drummed into my psyche by Fr. Dan Corbett in religion class at Brooklyn Prep. And so I trotted off to see what the Lord had made for me.
When I entered the workshop my heart caught in my throat. Magnificence surrounded me surely but the most heart stopping was this beautiful woman. Her smile was warm enough to melt even the most jaded and hard hearted of men; her voice was sweet, her eyes a deep, haunting brown; her skin was translucent and her figure—well, it's best to let the rest of the world go by, so to speak. I was astounded but managed to squeak out, "WOW!" Looking back I don't think she was measurably impressed by my command of the English language. In any event she walked over to me, held out her hand and led me out the door and so began our life's journey.
As we began life together I discovered that she loved many of the same things I did. I had always loved the beach—the combination of sun, sand and surf somehow for me made heaven seem real. I was filled with a joyous wonder to find out that my hundred pounds of clay was actually my little surfer girl. Her love of the beach exceeded even mine. For the first several years of our life together we spent nearly every summer weekend at one beach or another. We would get up early, prepare a sumptuous picnic lunch and scram for the beach. Our New England coastline offered a pirate's treasure chest of choices. The cool Maine waters would find us, mouths agape, just staring at the craggy cliffs being kissed by the Atlantic Ocean; in New Hampshire we would wander along sandy beaches bracketed by the small communities dappled along the beach road. Massachusetts gave us Cape Cod where we would stroll thru scenic towns after spending a day in the warm waters. Every time we went to a beach my heart would jump at the sight of my little surfer girl in her bathing suit just lighting up the whole scene.
We discovered the special beauty of Rhode Island. From Federal Hill in Providence to the mansion walk in Newport, Rhode Island became a destination point for us. I did not think my little surfer girl could have made any day more special than any other until we discovered Moonstone Beach. Named for its shape and the many large stones and dunes which gave it its special ambiance, Moonstone Beach also had one other attraction—it was a clothes optional beach. Now this may be somewhat off center to many but the reality was much different. The folks who spent time at Moonstone were a very diverse group—families to singles, artists to lovers of volleyball---this beach offered a sense of peace and tranquility to the more than 5,000 who spent weekends there.
And so one day we went to Moonstone. My little surfer girl sat on the sand, her body bronzing in the sun. I would look at her and not see her per se but rather the beauty of the Great Author's hand. I felt no sense of discomfort or any sense of shame—just joy in the moment and gratitude to God for giving me this, one of His greatest blessings.
And when the sun became uncomfortable my littler surfer girl would get up, take my hand and together we would race into the water. Her joyful laughter would mix with the sound of surf crashing on the shore. The combination was a symphony Beethoven would have written had he been alive to experience the moment.
We floated in the water and slowly we reached out and held one another. As we came closer together her arms wrapped around my neck and her legs gently encircled me. All around us our fellow swimmers bleached out of our conscious sense; the sounds of laughter from the folks on the beach faded gradually and the sailboats seemed to drift away. There was only the two of us. The waves slowly rocked us and then the heavens exploded in a burst of happiness and contentment. Time was suspended for both of us. As things came back into focus I saw God's knowing smile. And I knew how great indeed He is. I promised myself I would never forget just how precious a gift I had been given.
Our life together continued to unfold. The beach gave way to the inexorable tug of routine: work, children's activities, community involvement, tag sales, and general family matters. Through all of the busy turmoil my hundred pounds of clay handled things flawlessly. Indeed she morphed once again—from my little surfer girl into Alice Kramden to my Ralph. Many were the times that I managed to tie Gordian knots which required her skill to undo. It wasn't intentional—I just seemed to subscribe to the ready, fire, aim theory of solving problems—a theory which never worked out well for me. But she was always there to undo whatever the damage might have been, and with a smile—although as the years and incidents passed her smile did begin to tighten.
At home I would sit in my easy chair and she would wait on my every need. I didn't ask or even expect her to be so accommodating—it was natural on her part. And because it was so natural on her part I slowly drifted into the self-indulgent mode and became unfairly demanding. In fact I even found a small silver bell which I decided to ring whenever I needed her attention.
Women are odd in some ways, as I found out. The bell was not such a good idea—one of those Gordian knots I referred to earlier. When I rang it she turned to me and lit into my behavior. For such a small girl she had surprisingly healthy lungs—and here I am not referring to her breasts, not that they aren't surprisingly healthy themselves. Her words came in a stinging torrent and all I could do was to sit in silence.
When she took a break from detailing my odious behavior I rose from my chair and began to rustle up a defense. I was certain that I could defend the indefensible quite ably. But as I began to draw breath a sudden realization came to mind. I knew that if I engaged my mouth without turning on my brain I would surely ruin our relationship. Up to this moment my hundred pounds of clay had always been gentle, loving, caring, and devoted to making my life happy. Now I knew that if I followed my usually selfish and foolish impulses I would surely change our relationship for the worse, and permanently so. What would she think of me? How would she relate to me? And worst of all, when the years fully unfolded and I was finally out of her hair, having been stamped by the Obama Establishment as "shovel ready", would she have carved on my headstone in large letters: "Here Rests My Beloved Husband Ray—Stiff At Last", thereby letting the whole world know that as time went by so did my erections? No, that would be an eternal embarrassment. So rather than risk the loss of happiness, not to mention the revelation of a future family secret, I surrendered the silver bell, told her I was terribly wrong—which I was—and asked her to forgive me. Her eyes softened and her voice returned to normal. She asked me to sit and relax and a few minutes later brought me a steaming mug of hot chocolate. With extra marshmallows. And my little part of the universe settled back to its usual state of equilibrium.
The years passed with a subtle gentility. Graduations blended into engagements and then to weddings; as time continued its relentless pursuit of eternity, grandchildren came along and we became typically silly and very indulgent. Then the grandchildren grew to teenagehood and we dropped in importance. Oh, Nana always counted in their lives while I, I became the family embarrassment, the somewhat rusty ATM Machine. Finally the day arrived when I became old. The parade of years stopped at my front door, knocked, and I was obliged to join the tramp, tramp, tramp.
Here my hundred pounds of clay morphed again. Now she presented as my little old lady from Pasadena. On that day she eased me into the car and, tires burning, she pulled out of the driveway of the home we shared and headed for the freeway. Entering the freeway without a glance at possible traffic coming toward us, she pressed the accelerator until she achieved her normal cruising speed---85mph. After a few minutes she eased the car onto the exit ramp. She slowed the car down at the top and I saw a sign which simply read "God's Waiting Room" with an arrow underneath pointing to the right. As a courtesy to the heavy city traffic, my little old lady from Pasadena resumed our trip at a mild 67mph with only a few unexpected lane changes. The police in the car chasing her finally gave up in frustration.
We arrived at our destination and an accommodating staff helped settle me in. My room was airy and cheerful and, as I soon after noticed, so were my sons-in-law who had come, along with the rest of the tribe, to see me off. I looked down and saw that each had a right foot poised over my oxygen hose. I thought that a sensible precaution in the event I lasted beyond my expiration date. After all in my view a backup plan is always a wise precaution. I know that may upset some readers but consider: that we die is an immutable fact; how we choose to die, with dignity and calm, or with a craven clutching on to a passing finiteness provides the context in which our loved ones deal with their feelings. Why make it hard on them? I much prefer to have my family deal with the emotional high of joyful remembrance rather than the sadness of loss and hopelessness.
My eyes grow weak and all I can see is my hundred pounds of clay. My mind quickly recalls all the joy she brought to my life. I realize that I would not have missed one second of it for the world. I sink deeper into that quiet peace death affords and the smile on my face frames my final thought: she had me at the first hello and held me in her arms, safe and warm, until the last goodbye.
The next instant finds me in a strange place. The aches and pains of old age are gone. The bounce in my walk and the spring in my step are back. I feel invigorated. Ahead of me I see a set of magnificent gates stretching far above my line of sight. I join a gaggle of similarly young folks and walk toward the gates. My turn to enter finally comes and I am met by a fellow named Peter behind whom stands a respectably large winged fellow named Michael. This fellow, Peter, is somewhat upset. As best I can understand him, I am an unwelcome intruder. It seems I don't measure up to some standard or other. Before I have a chance to respond I notice a familiar figure seated at a bar sipping a beer. It's Pop.
I call out to him; he turns on his stool, sees me and puts down his glass and comes over to me. He begins speaking without any of the niceties, saying to Peter, "You're not thinking of letting him in, are you?" jerking his thumb in my direction. He continued "When I got here you promised me my rest would be eternal—not with him here", again nodding my way. With that he turns and heads back to the bar, takes his seat, picks up his glass and takes a long pull; he puts the glass down and I see it is still full. Then I notice a sign over the bar: "Paradise Bar—Home of the Bottomless Glass". I can hear him muttering—just snippets but they include "... messed up three days of cement work", ... "cost me a year of my fire department pension", ... "girls I would never let his mother meet".
And then my mother comes by. Hope! She would never let her third born lose his place in line. Like any mother she'll fight for me. She comes over to me and says "What did you do to upset your father? And what is this about girls I would never meet?" I turn a bright red and walk back toward Peter.
As in life, so in afterlife. I proceed to begin tying a grand Gordian knot using my mouth in the best Ralph Kramden fashion. As a result this fellow Michael deposits me unceremoniously on my ass in the less desirable part of the road leading to the Gates where I remain for some time.
Feeling aimless for the first time in a long while, I sit miserably on the side of the road. And then I spot her. My hundred pounds of clay is strolling down the road heading for the Gates. She is young again and her figure is, well, heavenly. She passes me by and goes straight into what I now know is heaven. Peter welcomes her with a hearty hug and immediately has her fit for her wings. My nose pokes through the Gates and I feel a longing like never before.
The rest of the newly dubbed saints move on but my hundred pounds of clay engages Peter in what looks to be a heated discussion. After a few minutes Peter throws up his hands and beckons me forward. I pass thru the Gates and have my wings pinned on. I am speechless. I finally give voice to my question "how?" and my hundred pounds of clay smiles cutely before answering: "Well, I explained to Peter that you have a good heart but a terrible way with people; I promised him I would keep you under my watchful eye; in return, I had to agree that your wings would be sprinkled with a hefty dose of brimstone." It seemed a fair trade and, as she takes my hand, I notice some saints passing by. They sniff the air and catch the distinct smell of sulfur. They shake their heads sadly and mutter among themselves about how she could have done so much better for herself. I start to respond and then stop, realizing they are right—my hundred pounds of clay could have done so much better.
As we pass the throne room I catch God's eye. He gives me a kind smile, a knowing nod and calls out to me "Not bad, knucklehead, not bad at all." I am pleased at the notice, although I do worry that some planet or other may have collided with some other planet while He was distracted by my passing. But then I think—"what the hell, that's not my problem." My hundred pounds of clay takes my hand in hers, smiles radiantly at me and asks what I would like to do for the rest of eternity. I can't respond. But I am finally and totally and forever happy.
And so, dear reader, that is the end of my story—a happy end indeed. But if you are interested in the whole story you will have to trouble yourself to turn the page.
CHAPTER 2Kick Him
"Kick him, stomp him, step on his face." ~Vincent Sheehan
A strange way to begin a chapter, politically incorrect and violent on its face. Well, perhaps. But I believe that these words capture vividly the context of the justice system juxtaposed on the rights of the individual, as we will discover. But first let me offer an explanation of the words, the young man who ginned them up, and the meaning behind them.
James Earl Jones, the noted American actor (as much noted for his magnificent voice as for his commanding presence on the stage and screen) had a memorable line in the film "Field of Dreams." After seeing the appearance of long dead ballplayers bringing their special kind of exuberance to the diamond, he turned to Kevin Costner and, speaking of the thousands who would gladly pay to attend a game, he said, "The memories will be so thick they will have to brush them from their faces." When I remember Vinnie Sheehan I reach up to my face and brush away the thick fog which covers the memories of those long gone days of youth.
The New York of 1960 was a far different place than it is today. Oh, the skyscrapers are still there and the hustle and bustle remains but the vim and vigor of those days has been replaced with a softer touch. Now people spend time walking and texting; then people were more mindful of the fellow or gal next to them—not that they engaged in discourse. Rather they looked upon one another as possible opponents in the race for a train, a seat on the bus or the next cab. At the same time they saw each other as a member of a special pack—"Noo Yawkers" who could take anything and give it back in spades. It wasn't that we were impervious to harm; it was just a fact that we could take a punch, although Walter O'Malley dropped many of us to our knees when he kidnapped Dem Bums, taking them to Los Angeles where they became sun tanned celebrities of a sort.
The working class ethics of Brooklyn were replaced by easy going poolside martini swilling. The fact that their uniforms never got dirty was overlooked by the fans who arrived around the 4th inning and left by the 8th, their faces wiped clean of the tortillas, burritos, and the occasional hot dog consumed during the game. Worst of all the dogs were devoid of hearty brown mustard—Grey Poupon was their choice. Mike Barnicle of the Boston Globe put it best when, speaking of Grey Poupon, he opined that everyone in a real town (he meant Boston, but it applies equally to New York) knew grey poupon was something babies left in their diapers. Yes we were staggered by the loss of the Dodgers but in 1962 redemption came in the form of a prayer: "Let's go Mets."
(Continues...)
Excerpted from The Wonder of You by Raymond Burchyns. Copyright © 2015 Raymond Burchyns. Excerpted by permission of Balboa Press.
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.
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Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
About Us
Legal website operator identification:
Moluna GmbH
Represented by the general manager Helge Blischke
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
Telefax: 02571/5698930
E-Mail: abe@moluna.de
VAT No.: DE296281834
listed in the commercial register of the local court Steinfurt
Commercial register number - Part B of the commercial register - 10553
We are a member of the initiative „FairCommerce“ since 24.07.2015.
For more information, see: www.haendlerbund.de/faircommerce.
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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,
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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;
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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;
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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;
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The revocation right expires prematurely in case of contracts
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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.)
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To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
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I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
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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 275
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
Right of withdrawal
If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Information regarding the right of withdrawal
Statutory right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to moluna, Greven, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
- The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.
Privacy and security
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