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 the "seller"). Terms and conditions of the buyer that deviate from these conditions do not apply. Counter-confirmations by the buyer with reference to his own business or purchasing conditions are expressly rejected. Deviations from this require written confirmation from the seller.
A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
II. Conclusion of contract
The contract language is German. The seller does not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by the seller, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to the customer again by email.
For requests for quotes, e.g. 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 save 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 an invitation to submit a purchase offer.
You can submit your purchase offer in the following ways: by phone or fax, in writing, by email or via the system integrated in the seller's online shop.
By submitting the order you submit a binding purchase offer to the seller. If you then receive an automatic e-mail 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 with a personal confirmation from the seller. This can also be included in an implied explanation, e.g. in the notification of the processing or dispatch of the order.
If you do not receive a personal confirmation within 7 working days, you are no longer bound to your offer. In this case, any services already provided will be refunded immediately.
You can find more information on data protection here: [Data protection ]
III. Prices, shipping costs
The prices listed in the offers represent gross final prices. If the order is placed outside of Germany, additional duties or taxes may apply, which, however, are not payable to the seller.
Any shipping costs incurred are expressly not included in the purchase price and will be shown separately during the ordering process. Alternatively, you can do it in advance here: [Shipping policy] can be viewed.
IV. Payment and shipping conditions
All payment and shipping terms can be checked in advance here: [Shipping policy] can be viewed.
Invoices are due for payment immediately.
As a consumer, we kindly ask you to check the delivered goods for obvious defects as soon as possible and to notify both the freight forwarder and the seller. Your warranty claims are of course not affected by this.
Insofar as you are a consumer, the risk of accidental deterioration or accidental loss only passes to you when the goods are delivered.
If you are not a consumer, delivery and dispatch are at your own risk.
V. Warranty and guarantee
The seller himself gives no guarantee. Manufacturer's guarantees remain unaffected by this declaration. The statutory liability and warranty provisions apply to consumers.
In the case of used items, the warranty period deviates from the legal regulation one year from delivery of the goods.
The one-year warranty period does not apply to culpably caused damage from injury to life, limb or health, grossly negligent or willful damage or malice on the part of the seller, as well as for recourse claims in accordance with §§ 478, 479 BGB.
As far as you are an entrepreneur, the following applies differently:
Only the seller's own information and the manufacturer's product description form the basis for the contractually agreed quality.
You are obliged to examine the goods immediately and with the necessary care for quality and quantity deviations and to notify the seller in writing of obvious defects within 7 days of delivery of the goods; timely dispatch is sufficient to meet the deadline. If you do not comply with this obligation, the assertion of warranty claims is 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 caused by computer failures and transmission disruptions when sending e-mails or by computer viruses should not be classified as gross negligence. The seller takes precautions against this with suitable anti-virus software.
Liability in the event of slight negligence applies only in the event of a breach of main obligations. The seller's obligation to pay compensation is limited to EUR 5,000.00 unless a higher amount is agreed separately and in writing.
VIII. Place of performance and jurisdiction
German law applies excluding UN sales law.
For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
If you are not a consumer, [insert the desired judicial district] is the place of jurisdiction for all legal disputes.
These terms and conditions were http://www.christophbecker.orgcreated.