Terms and conditions
I. Basic provisions
The following general terms and conditions apply to legal transactions and legal transactions with Mont Gerrard UG (limited liability), Am Anger 12, 04838 Eilenburg (hereinafter referred to as "seller"). The buyer's terms and conditions deviate from these conditions do not apply. Counter-confirmations of the buyer with reference to his own business or purchasing conditions are expressly objected. Deviations from this require the written confirmation by the seller.
Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
II. Contract conclusion
Contract language is German. The full contract text is not saved by the seller. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from the seller, the order data, the statutory information in the case of distance contracts and the general terms and conditions are again sent to the customer by email.
In the event of offer inquiries that are transmitted to the seller, the customer receives all contract data as part of a binding offer by email, which the customer can print out or secure electronically. ”
The seller's range of goods on the Internet does not constitute a binding offer to conclude a purchase contract. Rather, it is to be understood as a request to submit a purchase offer.
You can submit your purchase offer on the following ways: by phone or fax, in writing, by email or via the system integrated in the seller's online shop.
By sending the order, you submit a binding purchase offer from the seller. In this respect, you will then receive an automatic email about the receipt of your order, this is not an acceptance of the offer and does not lead to the conclusion of the contract.
The contract is then concluded by a personal confirmation of the seller. This can also be explained in a implied explanation, such as in the communication about the processing or sending of the order.
If you do not receive any personal confirmation within 7 working days, you will no longer be tied to your offer. In this case, services that have already already been provided will be reimbursed immediately.
You can find more information on data protection here: [Data protection declaration ]
III. Prices, shipping costs
The prices listed in the offers represent gross end prices. If the order is ordered outside of Germany, there may be additional tariffs or taxes, which, however, cannot be paid to the seller.
Access shipping costs are expressly not included in the purchase price and are shown separately in the course of the ordering process. You can alternatively here in advance: [Shipping conditions] be viewed.
IV. Payment and shipping conditions
All payment and shipping conditions can be found here in advance: [Shipping conditions] be viewed.
Invoices are paid immediately for payment.
As a consumer, we would like to ask you to check the delivered goods for obvious defects as soon as possible and to share them with both the freight forwarder and the seller. Your warranty claims will of course not be affected.
As far as they are consumers, the risk of random deterioration or random doom only passes to them with the delivery of the goods.
If you are not a consumer, delivery and dispatch take place at your risk.
V. Warranty and guarantee
The seller himself does not give any guarantee. Manufacturer guarantees remain unaffected by this explanation. The statutory liability and warranty regulations apply to consumers.
In the case of used items, the warranty period is deviating from the legal regulation one year from the delivery of the goods.
The one -year warranty period does not apply to the seller to the seller caused by the violation of life, body or health and grossly negligent or intentionally caused damage or malice of the seller, as well as in the event of recourse claims in accordance with §§ 478, 479 BGB.
If you are an entrepreneur, the following applies deviatingly:
Only the seller's own information and the manufacturer's product description form the basis for the contractually agreed nature.
You are obliged to examine the goods immediately and with the necessary care for quality and quantity deviations and to display obvious defects in writing to the seller within 7 days of delivery of the goods, and the timely dispatch is sufficient for the deadline. If you do not comply with this obligation, the assertion of warranty claims is considered excluded.
VI. Retention of title
The goods remain the property of the seller until the purchase price has been paid in full.
VII. Liability
The seller is only liable for gross negligence and intent. Damage that has been caused by computer failures and transmission disorders for e-mail shipping or by computer viruses cannot be classified as a gross negligence. The seller takes precautions against this through suitable anti virus software.
Liability in the event of slight negligence applies exclusively in the event of violation of main duties. The seller's obligation to pay is limited to EUR 5,000.00 if a higher amount is not agreed separately and in writing.
VIII. Place of performance and place of jurisdiction
German law under the exclusion of UN sales law applies.
In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).
If you are not a consumer, [Inserting the desired judge] is the place of jurisdiction for all legal disputes.
These terms and conditions were from http://www.christophbecker.org created.