§ 1 Scope, Object and Conclusion of the Respective Agreement
1. The following terms finalize the contractual agreement between MP21 GmbH, vertreten durch Markus Pröll, Grafenmühlenweg 202, D-51069 Köln, Germany, known hereafter as “vendor,” and the respective customer.
2. Only these general terms and conditions are valid. Any terms by the customer that contradict or differ from these terms and conditions are not accepted, unless the vendor expressly agrees to them in individual cases.
3. They apply to consumers as well as businesses. A consumer in the sense of these GTC is every natural person who places the order for a purpose that cannot be ascribed to his or her commercial or professional freelance activities. A business in the sense of these GTC is a natural or legal entity or a judicable partnership that exercises its business or professional freelance activities when placing the order.
4. The object of the respective agreement is the sale of goods by the seller to the customer.
5. The customer can place an order for the goods on the vendor’s website. After placing the order, the customer receives an order confirmation which lists his data and order information once more. This order confirmation does not yet constitute an acceptance of a contractual agreement. An binding contractual agreement comes into being only when a shipping confirmation is sent, and no later than the actual shipment of the goods.
6. The text of the contract and the general terms and conditions are emailed to the customer once the order has been placed.
7. The contract is concluded in German only. If the customer is a business, German law applies.
8. All pricing information is to be understood as gross prices in Euros.
§ 2 Implementation of the Sales Agreement, Shipping Costs
1. The customer bears the shipping costs from the vendor’s place of business.
2. Payment is due immediately on the conclusion of the agreement. The customer has the option to choose from various payment modes. The vendor reserves the right to exclude certain payment modes for shipments to foreign countries, first time orders, or other reasons.
3. The customer is billed for any additional costs resulting from chargebacks and refusals to accept the delivery for C.O.D. orders.
4. The vendor agrees to send the goods to the customer by mail as soon as the order has been placed and prepayment and/or payment with PayPal in the amount of the goods’ full purchase price has been made. Partial deliveries are acceptable to the extent that the customer may reasonably expect such.
5. For C.O.D. orders, the vendor agrees to send the goods to the customer by mail as soon as the sales agreement has been concluded.
6. The vendor is entitled to withdraw from the agreement, if he does not received the delivery item himself in spite of the prior conclusion of a respective purchase contract on his part; this does not affect the vendor’s liability in cases of intent or negligence. In this case, the vendor will promptly inform the customer about the unavailability and immediately refund any compensation already received. In this case, the vendor reserves the right to offer goods of equal price and quality for the purpose of concluding a new agreement for the purchase of these goods of equal price and quality.
7. By accepting the general terms and conditions, the customer declares that he is at least 18 years of age and thus legally competent, or if the customer is not at least 18 years of age, he declares that he is at least 7 years of age and has obtained his legal guardian’s consent before placing the order by accepting the general terms and conditions. The vendor gives notice that he will hold the customer liable for any damages incurred due to false age information, false address information, or orders placed in jest.
8. As far as this is a mutual commercial transaction in the sense of the German Commercial Code (Handelsbuchgesetz), the customer must inspect the ordered goods immediately upon receipt. This applies especially with regard to the completeness of the goods as well as their respective functionality. The vendor must be notified immediately of any defects discovered in this process or which can be determined offhand. A detailed description of the defect must be included. If the buyer neglects to report this, the goods are considered approved, unless this is a defect that was undetectable during the inspection.
9. Defects in the goods that cannot be detected in the context of a proper inspection according to Paragraph 6 must be reported to the vendor immediately after their discovery if this is a mutual commercial transaction; otherwise the goods are deemed approved, even in consideration of this defect.
§ 3 Warranty and Liability
1. The vendor is generally liable for defective goods as stipulated by the legal regulations pertaining to the sales of goods (§§ 434 ff. German Civil Code (BGB)) and – if the customer is a consumer – the statutory regulations pertaining to the sales of consumer goods (§§ 474 ff. BGB), except if these GTC stipulate otherwise.
2. If the customer is a merchant, the warranty term for the rights of § 437 No. 1 and No. 3 BGB is one year for new goods, beginning with the onset of the statutory limitation period, notwithstanding § 438 para. 1 No. 3 BGB. In the case of § 438 para. 1 No. 3 BGB, the statutory warranty term of two years applies for consumers.
3. If the customer is a business, used articles are excluded from any warranty. If the customer is a consumer, the warranty term for the rights of § 437 No. 1 and No. 3 BGB is shortened to one year for used goods, beginning with the onset of the statutory limitation period, notwithstanding § 438 para. 1 No. 3 BGB.
4. The vendor is generally not liable for damages due to slight negligence.
5. The limitations of liability stated in the previous items 2, 3, and 4 do not apply to damages resulting in fatalities, physical injury, and damage to health, fraudulent concealment of defects, claims based on the product liability law, cases of premeditation and gross negligence, as well as violations of obligations whose fulfillment makes the proper implementation of the agreement possible in the first place and which the customer should generally expect to be met.
§ 4 Reservation of Ownership, Transfer of Risk, and Default
1. The shipped goods remain the vendor’s property until paid in full.
2. For dispatch sales, the risk is transferred to the customer as soon as the goods are handed over to the transport company, if the customer is a business. For consumers, the risk is not transferred until the goods have been received by the customer.
3. A customer who is not a consumer is in default, if he has not remitted payment within 30 days after the due date. Consumers are in default within 30 days of the payment date as well, if they have been informed of this consequence in the invoice or payment request.
§ 5 Return Shipment Costs, Return Shipments
If the customer exercises his right to cancel, he must bear the costs of the return shipment, if the delivered goods are the goods ordered and the price of the return item does not exceed 40 Euros or if the item is priced at a greater amount and the customer has not remitted the compensation or a contractually agreed-on partial payment at the time of cancellation.
§ 6 Right to Cancel
1. Right to Cancel
You can cancel your contract declaration within 14 days in text form (e.g. letter, fax, email) without providing cause or - if you have received the item before the expiration of the term - by returning the item. The term begins after receipt of this notification in text form, but not before the consignee has received the goods (in cases where similar goods are shipped on a recurring basis, not prior to receiving the first partial shipment) and not before we have fulfilled our duties of disclosure, according to section 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duties according to § 312e para. 1, sentence 1 BGB in conjunction with section 246 § 3 EGBGB. The timely dispatch of the cancellation notice or merchandise is sufficient for compliance with the cancellation period. The cancellation must be sent to:
Phone: +49 221 423 156 36
Fax: +49 221 423 156 38
2. Consequences of the Cancellation
In the case of a valid cancellation, mutual benefits must be returned; this also applies to any derived benefits (e.g. interest). If you cannot return the received benefits and applications (e.g. benefits derived from usage) to us, or you can only return or surrender them in a deteriorated state, you must compensate us for the incurred depreciation in value. You are required to compensate us for the deterioration of the merchandise or benefits obtained therefrom only to the extent that the usage or depreciation can be derived from any use of the merchandise beyond inspecting its characteristics and functionality. “Inspecting the characteristics and functionality” is to be understood as testing and trying the respective goods as is customary and possible in a retail store, for instance. Items that can be sent in packets are to be returned at our risk. You must bear the regular costs of the return shipment, if the delivered goods are the goods ordered and the price of the return item does not exceed 40 Euros or if the item is priced at a greater amount and you have not remitted the compensation or a contractually agreed-on partial payment at the time of cancellation. Otherwise, the return shipment is free of charge to you. Goods that cannot be shipped in packets will be picked up at your location. Obligations to remit payment must be fulfilled within 30 days. For you, this period begins on the date you send your notice of cancellation or ship the merchandise and for us, it begins with its receipt.
§ 7 Final Terms
1. The present general terms and conditions and respective purchase agreement are exclusively subject to German law, under exclusion of the UN Convention on the Sale of Goods, if the customer is not a consumer.
2. If the parties are registered traders, the legal venue for all disputes resulting from or in connection with this agreement is the city in which the vendor is located.
3. Should one or several clauses of these terms and conditions be invalid, wholly or in part, the validity of the remaining terms shall not be affected.