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Terms and Conditions
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
These terms and conditions also apply to future business relationships with businesses without the need for us to refer to them again. Any conflicting or supplementary terms and conditions used by the business are hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase agreement is concluded with MSL GmbH & Co. KG.
By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.
3. Contract language, contract text storage
The languages available for concluding the contract are German, English, French, Italian and Spanish.
We save the contract text and send you the order details and our terms and conditions by email. You can view the contract text in your customer login.
4. Delivery conditions
Shipping costs are added to the stated product prices. Details regarding shipping costs can be found in the individual offers.
We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.
5. Payment
The following payment methods are generally available in our shop:
Prepayment:
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal:
When selecting PayPal as your payment method during the order process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, log in with your access data, and confirm the payment instruction to us. After you place your order in our shop, we will request PayPal to initiate the payment transaction. The payment transaction will then be processed automatically by PayPal. You will receive further instructions during the ordering process.
When selecting credit card, instant bank transfer, Giropay, or Bitcoin as your payment method during the checkout process, you will be redirected to the Mollie website. To pay the invoice amount via Mollie, you must enter the required transaction details there and confirm the payment instruction to us. After you place your order in our shop, we will request Mollie to initiate the payment transaction. The payment transaction will then be processed automatically by Mollie. You will receive further instructions during the checkout process .
6. Retention of title
The goods remain our property until full payment is received.
For businesses, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.
7. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
For businesses:
The risk of accidental loss or damage passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. For merchants, the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory warranty rights apply. For consumers, the limitation period for claims based on defects in used goods is one year from delivery of the goods.
For businesses, the limitation period for claims based on defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code (BGB) remain unaffected.
With respect to businesses, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered goods are defective, we will, at our discretion, initially provide a remedy to businesses by either repairing the defect or delivering a replacement.
The aforementioned limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents.
- in case of injury to life, body or health
- in the case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.
9. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents
- in case of injury to life, body or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.
10. Dispute Resolution
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
11. Market surveillance body of the federal states for the accessibility of products and services
Carl-Miller-Str. 6, 39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-sperrfrei.de
12. Final Provisions
If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Terms and conditions created with the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke lawyers .