Terms and Conditions
§ 1 Scope, definitions
(1) For the business relationship between the seller MST Design eK Mr. Markus Stolhofer, Luther Straße 62, 73614 Schorndorf (hereinafter Seller) and the Buyer (hereinafter Customer) subject to the following terms and conditions valid at the time of the order. Different terms and conditions of the customer shall not be recognized unless the provider agrees to their validity in writing.
(2) The customer is a consumer, unless the purpose of the ordered delivery and performance of its commercial or independent professional activity can not be attributed.
(3) The customer is a business, so far as he, at the conclusion of the contract acts as a natural or legal person or legal society in the exercise of his trade, business or self-employment.
§ 2 Conclusion of contract, Storage of contract
(1) The customer can select from the range of party products, and this on the button "add to cart" gather in a so-called shopping. The contents of the basket can be determined at any time by clicking the button "Add to cart". The customer can view the data in it (such as the number of items) at all times and if necessary, change or remove them by clicking the "Delete" from the shopping cart. A binding order will be given for those products then.
(2) Click the button "checkout" the customer comes again to the order summary in which all data will be listed again. "Order" Only when clicking the button, the customer makes a binding offer to purchase the goods in the basket. The application, however, can only be placed and delivered when the customer has "Accept Terms and Conditions" by clicking on the terms of this Agreement and accepted to include in his request.
The provider then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and the customer can print using the "Print" function. The automatic acknowledgment of receipt to document that the customer's order is received by the provider and also represents the acceptance of the application whereas the contract is completed.
(3) The text of the contract (purchase order and terms and conditions) will be saved by the seller and may be accessed and stored by the purchaser by logging into his account. Regardless, the buyer will receive all relevant data of the order sent to you by email, which can be printed out.
§ 3 merchandise availability, delivery and transfer of risk
(1) All offers are without obligation, unless otherwise stated.
(2) The delivery time is two to three business days. On different delivery times, the supplier informs the customer on the product page.
(3) If no copies of the product selected by the customer on time available, the provider shall notify the Customer of this immediately. The customer then has the right to revoke his order or to withdraw from the contract in the case of already made conclusion. In a after signing the contract occurring and the provider shall not be deemed delay the customer only after a delay of more than seven days, the right to withdraw from the contract. In addition to that, the provider is entitled to withdraw from the contract in this case. In addition he will refund any payments already made by the customer immediately.
(4) If the customer is an entrepreneur, also following conditions apply:
The provider reserves the provision of partial deliveries. The dispatch of the ordered goods is at the risk of the customer, unless the delivery is done by the provider itself, the risk shall pass at the time of handing over the goods to the authorized dispatch Shipping Company.
The customer has to make visible transport damage immediately upon acceptance of the goods, concealed shipping damage within ten days of discovery with the delivering shipping company in writing.
§ 4 Reservation of title
(1) Until full payment of the delivered goods remain the property of the provider.
(2) If the customer is an entrepreneur, also following conditions apply:
The customer is always entitled to resell the goods in the ordinary course of business; however, he assigns to the supplier all claims in the amount of the final invoice amount (including VAT) of our claim that accrue to him from the resale against his customers or third parties, regardless of whether the goods have been resold without or after processing . To collect this debt, the customer remains even after the assignment authorized. The authority of the provider to collect the receivables ourselves remains unaffected. However, the supplier agrees not to collect this debt as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment and in particular no application to open insolvency proceedings has been made or payments. If this is the case, it may require the provider that the customer discloses the assigned claims of the debtor, all information necessary for collection, hand over the relevant documents and informs the debtors (third parties) of the assignment.
The processing or transformation of the goods by the customer shall always be made to the provider. If the goods are processed with other objects not belonging to the provider, the provider shall acquire co-ownership of the new item in proportion to the value of the purchased item (final invoice amount including VAT) to the other processed objects at the time of processing. For the object created by processing the rest the same as for the goods delivered under retention of title.
The customer shall also assign the provider to secure its claims against him, which with a property through the connection of the goods to a third party.
§ 5 Prices and shipping costs
(1) All prices that are stated on the website of the provider, are inclusive of applicable taxes and other price components. For cross-border deliveries in individual cases other taxes (eg, intra-Community acquisition and / or charges (eg customs duties) apply and are payable by the buyer directly to the competent customs and tax authorities and not to the provider.
(2) At the indicated prices are calculated for the supply additional shipping costs. The shipping costs will be the customer separately shown on the product pages in the shopping cart system and on the order page, and are presented borne by the customer.
(3) An acceptance in exercising the right of return shipped by parcel things done at the risk of the supplier by the customer.
§ 6 Terms of payment
(1) The customer may also make payment on invoice when purchasing through the web shop by bank transfer / pay in advance, PayPal, or after appropriate customer registration.
(2) If the advance payment / remittance of the provider calls the customer's bank details in the order confirmation and delivers the goods, taking into account the above mentioned delivery time after receipt of payment.
(3) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment determined by the calendar, so the customer is already in default by failure to observe the deadline. In this case, he has the vendor interest at the rate of 5 percent per annum above the base rate to pay.
(4) The customer's obligation to pay default interest includes the assertion of further damage due to delay by the supplier is not sufficient.
§ 7 Defects Warranty
(1) The provider shall be liable for defects in accordance with the applicable statutory provisions, particularly § § 434 et seq. In the goods of agency thus, the statutory warranty rights of the customer application.
(2) If the customer is a company, apply the following additional conditions:
aa) The warranty obligation on vendor-supplied virgin is only twelve months. For used goods, the warranty is excluded altogether. Claims for damages according to § 8 of these Terms and Conditions shall remain unaffected. The statutory inspection and Rügepflichtenpflichten within the meaning of § 377 apply.
bb) Complaints relating to impairments that are state of the art inevitable, as inevitable color variations or irregularities of the structure do not constitute defects as the cause neither material, nor is production reasons. The same applies to minor variations in quality, weight, size, thickness, width, finish, pattern and color as far as they are justified by the applicable standard.
§ 8 Liability
(1) The customer's claims for damages are excluded. Except for claims for damages of the customer from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of obligation provider, his legal representatives or vicarious agents. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary.
(2) In case of breach of fundamental contractual obligations of the provider shall be liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there is damage claims of the customer resulting from injury to life, body or health.
(3) The restrictions of paragraph 1 and paragraph 2 shall apply also to the legal representatives and agents of the provider, if claims are asserted directly against them.
§ 9 Notes on Data
(1) The provider collects in the execution of contracts data of the customer. They adhere to all relevant legislation, in particular the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, we collect only the provider of inventory and usage data of the customers, process or use, to the extent necessary for the execution of contracts and for the use and settlement of teleservices.
§ 10 Final provisions
(1) Any contract between the provider and the customer, the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The contract language is German. For consumers, this choice only insofar as the protection granted is revoked by mandatory provisions of the laws of the State in which the consumer has his habitual residence applies.
(2) As far as the customer is an entrepreneur or a businessman, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the location of the provider.
(3) The contract shall remain binding even if legal invalidity of individual items, the remaining parts.