Onlineshop - Shipping Costs & GBT

(Kopie 2)

General Terms and Conditions of Mechatronik Trade GmbH

 

§1. Scope of application

(1)       These General Terms and Conditions apply to all legal relationships between Mechatronik Trade GmbH, Stuifenstraße 52, 74385 Pleidelsheim (hereinafter “we”) and the users (hereinafter “Customers”) of the platform www.mechatronik.de (hereinafter “Shop”).

(2)       Any particular agreements and side agreements made before conclusion of the contract must be expressly confirmed in writing by us in order to be included in the terms of the contract. Subsequent amendments also require the written form to be valid. No verbal agreements were concluded. We herewith expressly contest contradicting general terms and conditions of the Customer.

(3)       We reserve the right to amend our General Terms and Conditions, provided that the changes in consideration of our interests are deemed reasonable for the Customer. This is the case, in particular, if the amendments do not entail any economic disadvantages for the Customers like, for example, changes to the registration process or adjustments to the general terms and conditions to take account of modified or new services or functionalities.

 

§2. Conclusion of a contract, storage of the contract text

(1)       The presentation of the goods in our Shop does not constitute a legally binding offer to conclude a contract on our part; instead it constitutes a non-binding invitation to Customers to order goods. By ordering the desired goods, the Customer makes a binding declaration on his part for concluding a sales contract.

(2)       The order procedure is comprised of the following steps:

1)     Select desired goods

2)     Confirm by clicking on the button “Order[B1] 

3)     Verify the information in the shopping basket

4)     Confirm by clicking on the button “To checkout”

5)     Log on to the online shop after registering and entering the login information (email address and password).

6)     Repeat verification or correct the information entered.

7)     The order is placed in a legally binding way by clicking on the button “Place binding order” or “Buy”.

 

(3)       We will immediately confirm receipt of the order with an automatic email (“Order Confirmation”). This email constitutes our acceptance of your offer.

§3. Prices, shipping costs, payment, due dates

(1)       The prices shown comprise the statutory value added tax excluding costs for packaging, transport and other incidental services.

 

(2)       The Consumer may pay via PayPal or credit card (Visa).

 

(3)       If, according to the contract, our delivery or performance is to be rendered at a date later than 4 months after conclusion of the contract, we are entitled to additionally charge any increased production or other costs that have occurred until the delivery date.

 

(4)       Our invoices shall be paid within the payment period or by the payment date stated on the invoice without deductions. Once the payment period has expired or the payment date has passed, the Customer shall be in default of payment without further notice. Partial invoices are permissible. Payments shall be made in EUR unless otherwise agreed upon.

 

(5)       The Customer shall pay EUR 10.00 for each reminder after defaulting, unless the Customer can prove that the reminder did not incur any costs or only to a lesser amount. We shall remain at liberty to assert a higher damage amount caused by delay in addition to the flat fee for the reminder.

 

(6)       If the Customer is in default, we are entitled to request advance payment or the provision of securities before performing outstanding deliveries/services.

 

(7)       Authorisation for us to collect payment of invoice amounts due via direct debit shall be deemed granted if the Customer’s account number and bank is stated on the order. This authorisation shall also be deemed granted for subsequent orders, until the point in time that new payment terms are agreed upon either on an order or in another written form or if the Customer has revoked another payment via direct debit in writing. The Customer agrees that we may debit the amount from the customer’s account without giving advance notice.

 

(8)       The Customer is only entitled to offset payment if his counterclaims have been legally established, are undisputed and have been approved by us. Furthermore, the Customer is only entitled to exercise a right of retention if the counterclaim is based on the same contractual relationship. If the Customer is an entrepreneur (Section 14 German Civil Code (BGB)), the Customer may not plead a right of retention or a right to withhold performance pursuant to Sections 273, 320 German Civil Code (BGB) unless the counterclaims of the Customer have been legally established or are undisputed.

 

(9)       We are not obliged to accept bills of exchange or cheques. Cheques or bills of exchange are only accepted on account of performance; the Customer shall bear any costs and charges incurred by discounting and collection.

§4. Delivery

(1)       Unless otherwise stated in the product description, all of our products on offer are available for immediate shipping. Our delivery time information shall not be deemed to be a fixed date. The delivery period begins as soon as all details of the performance have been clarified and both parties have agreed on all conditions of the transaction. The delivery period is deemed to have been adhered to when the shipment has left our works or warehouse within the delivery period or the Customer has been informed that the shipment is ready for dispatch. Partial deliveries are permissible.

 

(2)       Unforeseen events and/or force majeure for which we are not responsible (e.g. interrupted operations, strike, lock-out, also those occurring with subcontractors/sub-suppliers, intervention by the authorities, extreme weather conditions, traffic disruptions, catastrophes, import and export restrictions etc.) extend the delivery period by a reasonable time, even in cases when they occur during a default in delivery. The same applies if permits and documents that are required for the export of deliveries by authorities and other third parties do not arrive in time. Both parties have the right to withdraw from the contract if the delivery period is extended for more than 4 months by such occurrences.

 

(3)       The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer upon shipping from the works or warehouse, even if we are in charge of delivery and unloading. If the delay of shipment is the fault of the Customer, the risk is transferred to the Customer from that point in time when the Customer was informed that the goods were ready for shipment. Transportation insurance is only provided by us upon separate agreement.

 

§5. Retention of title

(1)          All goods delivered by us remain our property until payment including all incidental claims has been made in full (hereinafter: Goods Subject to Retention of Title).

 

(2)          The Customer may not pledge nor transfer the Goods Subject to Retention of Title by way of security. The Customer shall inform us without undue delay in the event of access by third parties, in particular in the case of pledges.

 

(3)          In commercial business transactions, we also retain title to the Goods Subject to Retention of Title until all deliveries and other claims from the entire business relationship have been paid in full.

 

(4)          The Customer is granted the revocable right to resell the Goods Subject to Retention of Title in normal business transactions. This right expires in the case of default in payment. The Customer hereby transfers to us by way of security any and all claims resulting from resale and any other legal grounds (e.g. insurance, tort) with regard to the Goods Subject to Retention of Title including all ancillary rights. Any processing or transformation of the Goods Subject to Retention of Title shall be made on our behalf as the manufacturer without entailing any obligation for us. If the Goods Subject to Retention of Title are combined, mixed or processed with goods of the Customer, we hereby agree that we shall be entitled to co-ownership of the new property inasmuch as the invoiced value relates to the value of the other involved goods. The Customer holds the (co)ownership in safe custody for us and at his own expense.

 

(5)          In the event of rescission of the contract, we are fully entitled to take back, to sell or to otherwise process or dispose of the Goods Subject to Retention of Title fully or in part, and the Customer is obliged to return them.

 

(6)          Until the point in time at which the ownership of the Goods Subject to Retention of Title is transferred to the Customer, the Customer shall hold the Goods Subject to Retention of Title as our trustee and shall ensure that the Goods Subject to Retention of Title are duly stored and protected.

 

 

§6. Statutory claims for defects

 

(1)          The statutory claims for defects shall become statute-barred for Customers who are entrepreneurs (Section 14 German Civil Code (BGB)) one year after the statutory limitation period has begun. The above shortened limitation period shall not apply insofar as longer periods are prescribed by the law pursuant to Section 438 (1) No. 2 German Civil Code (BGB) or Section 634a (1) No. 2 German Civil Code (BGB) or in cases of mandatory liability pursuant to item 7 (2).

 

(2)          Claims due to incomplete or incorrect delivery or notification of obvious defects shall be reported to us in writing within two weeks. Defects that are not obvious shall be reported to us immediately upon discovery of said defects. Warranty rights shall be excluded if the time limit is not observed. The Customer’s statutory claims for defects also assume that the Customer fully meets his legal duties of examination and to give notification of defects.

 

(3)          No liability is assumed for damage that is caused by unsuitable or improper use, failure to comply with processing instructions or faulty or negligent handling by the Customer.

 

(4)          In the event of statutory claims, we are entitled at our discretion to remedy the defects or to provide a substitute delivery.

 

(5)          We are not obliged to remedy defects as long as the Customer is in default of payment.

 

 

§ 7 Exclusion of liability

 

(1)          Any and all Customer claims for compensation for damages or any and all other reimbursement of costs, irrespective of the legal ground (hereinafter referred to as “Claims for Compensation for Damages”) are excluded - notwithstanding the provision in item 7 (2).

 

(2)          The exclusion of liability pursuant to item 7 (1) shall not apply if the foundation of the claim for compensation is wilful conduct or gross negligence on our part or on the part of one of our representatives, employees or other vicarious agents; if the claim for compensation is based on injuries to life, limb or health caused culpably by us, one of our representatives or other vicarious agents; and claims in particular under the German Product Liability Act (Produkthaftungsgesetz) and in the event of breaches of guarantee by us; if we or one of our representatives, employees or other vicarious agents negligently breaches a material contractual duty (material contractual duties are duties that form the nature of the respective contract, duties without which the proper implementation of the contract is impossible and duties on which the Customer regularly relies and may rely); in this latter case, our liability is however limited to the damage amount that is, on conclusion of the contract, foreseeable and typical for this kind of contract. For the remaining, the statutory provisions apply to the liability amount, unless liability is excluded under item 7 (1).

 

(3)          The above provisions do not imply any change in the burden of proof to the detriment of the Customer.

 

§8. Right of withdrawal

Right of withdrawal for consumers

 

Consumers are entitled to a right of withdrawal in accordance with the following conditions, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to its commercial nor its independent professional activity.

-Instructions on withdrawal-

 

Right of withdrawal

 

You have the right to withdraw from this contract within a period of fourteen days without stating any reasons.

 

The period for exercising the right of withdrawal amounts to fourteen days as from the date when you or a third party appointed by you, who is not the carrier, has taken possession of the goods. In the event of a contract concerning several goods that you ordered within the scope of one individual order but that were delivered separately, the period for exercising withdrawal counts from the day on which you or a third party appointed by you, who is not the carrier, took possession of the last goods; in the event of a contract for delivery of one item to be delivered in several shipments or pieces, it counts from the day on which you or a third party appointed by you, who is not the carrier, took possession of the last piece.


In order to exercise your right of withdrawal, you must inform us using the following details

 

Mechatronik Trade GmbH, Stuifenstraße 52, 74385 Pleidelsheim, Germany (Phone: +49 (0)7144 / 998260 / shop@mechatronik.de )

 

by means of a clear declaration (e.g. via letter by mail, facsimile or email) of your decision to withdraw from the contract. You may use the attached sample withdrawal form, but this is not mandatory:

 

“-     To: Mechatronik Trade GmbH, Stuifenstraße 52, 74385 Pleidelsheim

       Phone: +49 (0)7144/998260

       Email: shop@mechatronik.de

-      I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)

-      Ordered on (*)/received on (*):

-      Name of the consumer(s):

-      Address of the consumer(s):

-      Signature of the consumer(s) (only for notification in paper form)

-      Date:

(*) Please cross out whatever is not applicable.”

 

 

Effects of withdrawal

 

In the event that you withdraw from this contract, we must return all the payments that we have received from you, including the shipping costs (except for any additional costs incurred because you chose another delivery method than the most favourable standard delivery option offered by us) without undue delay and no later than fourteen days after the date when we received your notification regarding the withdrawal from this contract. We shall use the same means of payment for the repayment that you used in the original transaction, unless expressly otherwise agreed with you; we shall in no event charge any fees in connection with this repayment.

 

We may refuse to make the repayment until we have received the returned goods or until you have provided evidence that you have sent the goods back, whichever is earlier.

 

You shall return or send back the goods without undue delay and no later than fourteen days after the date when you informed us of your withdrawal from this contract. You are deemed to have met the deadline if you send out the goods before the expiry of the fourteen-day period. You shall bear the direct cost of the return shipment.

 

You are only obliged to bear any loss of value of the goods if this loss of value was caused by a treatment of the goods that was not required to examine the quality, characteristics and functions of the goods.

 

Exclusion of right of withdrawal

The right of withdrawal is, for instance, excluded with regard to the delivery of goods that are not prefabricated and the production of which was based on an individual selection or specifications by you or goods that were clearly customised to meet your personal needs.


-End of instructions on withdrawal-

 

§9. Customer service

 

Our customer service is available for questions, queries and claims on weekdays from 9 a.m. until 5 p.m.

 

Phone number: +49 (0)7144 998262

Email: shop@mechatronik.de

 

 

 

§10. Place of performance, place of jurisdiction, applicable law

 

(1)          For both parties, the place of performance for all services resulting from this contractual relationship is our respective registered office.

 

(2)          In business transactions with business people, public-law legal entities or government-owned special funds, we are entitled to choose the place of jurisdiction to be either our registered office or the court that, according to the statutory provisions, is competent for the Customer, unless the law stipulates a different exclusive place of jurisdiction.

 

(3)          The contractual relationship is subject to German law. The rules of international private law shall not apply.

 

(4)          We expressly declare that we store and process Customer data in line with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) to the extent needed to process an order.

 

 

 

 

 

 

 

Version of the General Terms and Conditions: 17.02.2015