General Terms and Conditions (GTC)
Version: 1.03 - Status: 13.06.2014
§ 1. General Provisions and Scope of Application
(1) The following contractual conditions apply for all contracts, established via the online shop that can be accessed via the URL http://www.ladungssicherung.eu, betweenMT Onlineshops GmbH,
represented by the managing director: Hans-Peter Günther
36041 Fulda / Germany
Tel.: +49 (0)661 - 3809 9880
Fax: +49 (0)661 - 3809 9889
VAT ID: DE 275828890
Commercial Register: HRB 5918
Court of Registration: Amtsgericht Fulda,
and the buyer.
(2) Buyers within the meaning of these GTC are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose which can be attributed neither to his/her commercial nor to his/her independent professional occupation. An entrepreneur is any natural or legal person or a company with legal personality which is capable of holding rights, who acts in his/her/its capacity as such when entering into a contract.
(3) The relations between the contractual parties will be regulated exclusively in accordance with the laws applying in the Federal Republic of Germany. The foregoing provisions regarding the governing law apply to consumers only to the extent that the granted protection by the compulsory regulations under the law of the state in which the consumer habitually resides, is not taken away.
(4) The stipulations of the United Nations agreement on contracts for the international sales of goods (the UN Sales Convention) are not applicable in this contract.
§ 2. Purchase Agreements via our Online Shop
(1) The products and services listed in our online shop do not represent offers binding MT Onlineshops GmbH; rather, they concern an invitation to the buyer to make a binding offer by placing a purchase order.
(2) By sending an order from his/her „virtual shopping cart“, the buyer places a binding purchase order of the commodity contained in it. The buyer will be asked to review, and possibly to confirm the information before finally submitting his/her contractual statement. In case of any entry errors, the buyer can go back to the previous page in order to enter new information. The receipt of this purchase order will be immediately confirmed by MT Onlineshops GmbH.
(3) MT Onlineshops GmbH has the right to accept the buyer´s contractual offer within 3 (three) working days after the receipt of the order. The contract with the buyer only comes about after MT Onlineshops GmbH´s explicit acceptance of the order.
(4) MT Onlineshops GmbH does not assume any procurement risk, and reserves the right to withdraw from its responsibility of contract fulfillment in the case of an incorrect or improper delivery by subcontractors. MT Onlineshops GmbH´s responsibility for intentionally or grossly negligent behaviour in accordance with the applicable liability regulations, i.e. in accordance with § 10 of these GTC, remain unaffected thereby. In the case of the unavailability or partial availability of a service or commodity, MT Onlineshops GmbH will inform the buyer immediately; in the case of a resignation, the financial contribution will be immediately reimbursed to the buyer.
§ 3. Contract Language; Contract Text Storage
(1) The original contract language is German; the original contract has been translated into English.
(2) The contract text is stored by MT Onlineshops GmbH. The order data, including the contractual provisions with the present GTC, are sent to the buyer separately in the form of a written note.
(3) The contract text is available via the internal buyer area, also after the order has been sent. The buyer can log on via MT Onlineshops GmbH's website (http://www.ladungssicherung.eu) by entering his user name and the password previously chosen by him/her.
§ 4. Revocation Right and Consequences of a Revocation
In the case of distance selling contracts, consumers have a right to cancel their order in accordance with § 355 of the German Civil Code. Thus, as consumers, they have the right to revoke their contractual statement in accordance with the following revocation instruction:
You have the right to revoke this contract within fourteen days without any stating reasons as to why the contract is being revoked.
The revocation period is fourteen days, starting on the day on which you or a third person named by you and who is not a carrier, have/has taken possession of the last article.
To exercise your right of revocation, you must inform us (MT Onlineshops GmbH, Werner-von-Siemens-Straße 12-14, D-36041 Fulda; Tel.: +49 (0)661 - 3809 9880; Fax: +49 (0)661 - 3809 9889; Email: email@example.com) on the basis of a clear statement (e.g. a letter sent by post, a fax or an email) about your decision to revoke this contract. You can use the revocation template enclosed, which, however, is not mandatory. You can also fill out and send us the revocation template or any another clear statement electronically via our website [http://www.ladungssicherung.eu/widerruf] If you use this option, we will immediately send you a confirmation of the receipt of your revocation (e.g. by email).
The dispatch of the statement as to the exercise of the revocation right before the revocation deadline shall be deemed sufficient for compliance with the revocation term.
Consequences of a revocation
When you revoke this contract, we will be required to reimburse all payments received from you, including payments relating to delivery costs, with the exception of additional costs that result from the choice of another means of delivery than the low-priced standard one that we offered. We are required to reimburse payments immediately and at the latest within fourteen days, starting from the day on which we received your statement about the revocation of the contract. To reimburse these payments, we will use the same means of payment as the one used by you in the original transaction, unless something else was explicitly agreed; on no account will we charge you any fees due to the reimbursement.
We can refuse to reimburse the payments until we have collected the goods back, or until you have provided evidence that the goods have been sent back, whichever shall be the earlier.
You are required to immediately send back or hand over the goods, and at the latest within fourteen days, starting from the day on which you have informed us about the revocation of the contract. The dispatch of the goods before the deadline shall be deemed sufficient for compliance with the terms. You shall bear the immediate costs for the return of the goods. When the goods cannot be sent back by traditional post due to their state or size, the costs for sending them back are valued at a maximum of approximately EUR 59,00.
Your liability for the goods' loss in value is restricted to the case in which this loss can be attributed to a handling of the goods other than is necessary to check their qualities, properties of functionality.
Non-existence of the revocation right
In accordance with § 312g par. 2 no. 1 of the German Civil Code, the revocation right does not exist in case of delivery contracts for goods that have not been prefabricated and for the manufacturing of which an individual selection or determination by the consumer was essential, or for goods that clearly have been tailor-made for the consumer in view of his personal needs.
§ 5. Prices and Shipping Costs; Payment Conditions
(1) The prices listed in the various offers are final sale prices. Thus, they comprise all price components including any possible taxes. However, in the case of cross-border deliveries (e.g. in case of an intra-Community acquisition), additional taxes and/or fees (e.g. custom duties) might apply in individual cases.
(2) The applicable delivery and shipping costs are not contained in the purchasing price; they are based upon the concrete offer and the shipping information provided therein, and they are borne by the buyer.
(3) MT Onlineshops GmbH accepts all payment method listed on the website containing the offers, to be chosen from by the buyer. The buyer selects his/her preferred payment method himself/herself among the available payment methods.
(4) If, in his capacity of entrepreneur, the buyer selects a method such that he prefers to be invoiced, MT Onlineshops GmbH reserves the right to deliver the goods to the buyer only after a successful credit check. For the purpose of such a credit rating, MT Onlineshops GmbH will use the services of Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 500166, 22701 Hamburg, Germany, who will exclusively provide us with the buyer´s personal address and credit data stored in their data base, including those which can be determined on the basis of mathematical and statistical procedures, insofar as MT Onlineshops GmbH has credibly proven its interest in those data to be justified. Furthermore, MT Onlineshops GmbH will investigate or use probability based values for the establishment of which, among others, address details will be used for the purpose of determining whether the contractual relationship can be justified and whether it is to be implemented or terminated.
(5) In the case of a payment by bank transfer or via PayPal, the buyer is required to pay the purchase price in full plus the applicable delivery and shipping costs at the latest within 7 (seven) days after receiving the provided payment request. The bank account details are provided along with the payment request.
(6) The buyer is only entitled to exercise his/her right of retention when his/her counterclaim derives from the same contractual relationship.
§ 6. Delivery and Shipping Conditions
(1) If nothing else has been agreed with the buyer, the commodity is delivered by shipment to the delivery address that was disclosed by the buyer. Collection by the buyer is not possible.
(2) The buyer guarantees to have disclosed the correct and full delivery address when placing his/her order. If the buyer has disclosed incorrect address details, leading to additional shipping costs that basically amount to reshipment costs, these costs are to be borne by the buyer.
(3) In case of a payment by bank transfer or via PayPal, the article purchased by the buyer is shipped within 3 (three) working days after reception of the payment, unless explicit reference to a longer delivery term was made in the ordering process.
(4) In the case of deliveries to entrepreneurs, the risk of an accidental destruction or an accidental decline of the commodity sold passes to the entrepreneur or to the person authorized to collect the commodity upon delivery when the former is effectively collected; in the case of sale by dispatch, this already applies once the delivery passes to an authorized courier. In case of deliveries to consumers, the risk of an accidental destruction or of an accidental decline of the commodity sold always passes to the consumer when it is being collected upon delivery. In view of the risk assumption, a delayed collection of the article by the buyer equals an actual collection.
§ 7. Reservation of Property Rights
(1) MT Onlineshops GmbH reserves the property right with respect to articles that were sold on the basis of contracts with consumers, until the full payment of the purchasing price is received, and in the case of contracts with entrepreneurs, until the full settlements of all claims relating to the business relationship (reserved goods).
(2) During this period of reserved property rights, the buyer is required to handle the reserved goods carefully, to immediately communicate the access to the reserved goods by third parties – e.g. in case of a distraint warrant – as well as possible damages to the goods or their destruction, to disclose all information that is required to safeguard MT Onlineshops GmbH's rights, and to immediately point out to enforcement officers or other third parties the reserved property of the other party as well as any change of ownership of the commodity or of the own place of residence.
§ 8. Reporting of Transport Damages
(1) The buyer will support MT Onlineshops GmbH to the best of his/her abilities in lodging possible claims towards the respective courier or insurance company.
(2) Deliveries of goods are to be inspected by the buyer for possible damages. In the case of externally detectable transport damages, the buyer is required to have these damages noted on the respective shipping documents and acknowledged by the delivery agent; when the delivery is not rejected, its packaging is to be securely stored.
(3) When the (partial) loss of or the damages to the commodity are not externally detectable, the buyer is required to notify this to MT Onlineshops GmbH within 5 (five) days after the delivery, or at least to the transport company within 7 (seven) days after the delivery, thus allowing any claims towards the transport company to be lodged in time.
(4) Any rights of and claims by the buyer – above all the buyer's legal rights in case of defects to the commodity – remain unaffected by the foregoing provisions. Therefore, these provisions neither contain a preclusive period for rights of the buyer in accordance with § 9 of the GTC.
|§ 9. Warranty Regulations
(1) Buyers have legal warranty rights when purchasing certain goods. Thus, as a buyer, you have the right to assert your warranty claims relating to deficient goods in compliance with the following provisions. As a matter of principle, MT Onlineshops GmbH does not give its own guarantees; in principle, the presentation of the article in the online shop is to be considered to be a mere performance description.
(2) If the purchased item is deficient, the buyer has the right to a rectification or replacement delivery in accordance with § 437 no. 1 and § 439 of the German Civil Code, if and to the extent to which the conditions of the statutory regulations about the rights in case of deficiencies are met.
(2a) In this respect, consumers have the choice between a rectification and a replacement delivery. However, MT Onlineshops GmbH reserves the right to refuse the type of supplementary performance if it entails disproportionate costs and if the other type of supplementary performance causes no significant disadvantages for the consumer.
(2b) In relation to entrepreneurs, MT Onlineshops GmbH shall first warrant for deficiencies at its own discretion by rectification or replacement delivery.
(2c) The rights of the buyer in case of deficiencies laid down in § 437 no. 2 and no. 3 of the German Civil Code remain unaffected by the regulations of the aforementioned paragraphs (2) up to and including (2b).
(3) The claims and rights of an entrepreneur due to deficiencies become time-barred after one year after the delivery of the goods at the buyer´s; the claims and rights of a consumer due to deficiencies become time-barred after two years after the delivery of the goods at the buyer´s. There are no reduced limitation periods for these deadlines, insofar as MT Onlineshops GmbH is liable in accordance with § 10 of these GTC or as the matter involves the right in rem of a third party due to which the restitution of the delivery item may be demanded.
(4) The recourse claims by entrepreneurs laid down in § 478 and § 479 of the German Civil Code remain unaffected by the regulations of the aforementioned paragraphs (2) up to and including (3).
(5) Obvious deficiencies are to be notified by merchants via the aforementioned contact details within a period of twee weeks after the receipt of the goods; otherwise, any assertion of warranty claims is excluded. The timely dispatch of the notification of defect shall be deemed sufficient for compliance with the term.
§ 10. Liability Regulations
(1) In accordance with the statutory regulations, MT Onlineshops GmbH is liable without restrictions for damages arising from wrongful death, personal injury or health impairment due to intentionally or grossly negligent behaviour, and for other damages due to intentionally or grossly negligent behaviour as well as fraudulent intent.
(2) Moreover, MT Onlineshops GmbH is liable without restrictions for damages covered by the adhesion to mandatory regulations, or if and to the extent to which a warranty declaration was confirmed by MT Onlineshops GmbH in relation to the properties of the item or regarding it retaining a certain quality for a specified period of time.
(3) MT Onlineshops GmbH is liable for damages due to intentionally or grossly negligent behaviour insofar as this negligence relates to contractual obligations the fulfilment of which is a prerequisite for the due performance of the contract and on the fulfilment of which the customer may ordinarily rely (essential contractual obligations). In that respect, MT Onlineshops GmbH´s liability is restricted to foreseeable damages that are typical of the contract.
(4) In case of slight violations of the contract liabilities which are not covered by paragraph 3 (immaterial contractual obligations), MT Onlineshops GmbH is liable to consumers only for foreseeable damages that are typical of the contract.
(5) Any farther reaching liability is excluded, without regard for the legal nature of the claim asserted.
§ 11. Place of Jurisdiction
When the buyer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract, is MT Onlineshops GmbH´s registered office. The same holds when the buyer, as an entrepreneur, has no general place of jurisdiction in Germany or when the place of residence or habitual residence are not known at the time of the lawsuit. The capacity to appeal to another court of jurisdiction remains unaffected thereby.
Annex: Revocation template
in accordance with annex 2 to art. 246a § 1 par. 2 p. 1 no. 1 and § 2 par. 2 no. 2 of the Introductory Law to the German Civil Code
(If you want to revoke the contract, please fill out this form and send it back.)
– To: MT Onlineshops GmbH, Werner-von-Siemens-Straße 12-14, D-36041 Fulda; Tel.: +49 (0)661 – 380 99 88-0; Fax: +49 (0)661 – 380 99 88-9; E-Mail: firstname.lastname@example.org
(*) cross out what is not applicable.