General Terms & Conditions of Sale

§ 1 Scope

1. These General Terms & Conditions of Sale shall apply for all our deliveries, services and offers, in particular the contracts concluded via our Online Shop, between us:

MVG-Metallverarbeitungsgesellschaft mbH
An der Wasserwiese 1, 52249 Eschweiler
Germany

Telephone: 0049 (0) 2403 / 7902 - 60
Telefax: 0049 (0) 2403 / 7902 - 99

E-Mail: info@mvg-ahk.de

Legal form: GmbH [Private limited company]
Registered office: Eschweiler
Regional Court Aachen HRB 11609
Managing Director: Dipl.-Wirtsch.-Ing. Harald Pütz
you, as our customer. The General Terms & Conditions of Sale shall apply irrespective of whether you are a consumer, business enterprise or trader.

a) All agreements made between you and our company in connection with the purchase contract shall result in particular from the General Terms & Conditions of Sale, our written confirmation of order and our notification of acceptance.
b) The version of the General Terms & Conditions of Sale valid at the time of the conclusion of the contract shall be decisive.
c) Terms and conditions of the customer deviating from ours shall not be accepted. This shall also apply, even if we do not expressly object to the inclusion of these.

2. Insofar as the purchaser is an entrepreneur or merchant the following shall apply:
a) These General Terms & Conditions of Sale shall apply for all future deliveries, services or offers made to the Buyer, even if these have not been agreed separately.) The terms and conditions of business of the Buyer or third parties shall not apply, even if we (hereinafter referred to as the “Vendor”) do not specifically object to their application separately. Even if the Vendor refers to correspondence which contains terms and conditions of the Buyer or a third party or makes reference to the same, this shall not constitute any agreement to those terms and conditions.

§ 2 Offer and conclusion of contract

1. In placing your order you have given your consent to be reminded once by the service company Veristore (via e-mail) to give an evaluation of your purchase. To this end, your e-mail address will be transmitted to Veristore GmbH, Aachen. You may revoke your consent to use these data at any time by sending an e-mail to verkauf@mvg-ahk.de.
a) The presentation of products in our online shop does not constitute a legally binding offer, but is a non-binding online catalogue
b) By pressing the button “Buy now” you agree to a binding order of the goods in your shopping cart.
c) The customer shall be bound by any order signed by him, but not yet accepted by us, for a period of 14 calendar days starting from the date of dispatch. Your existing right to revoke your order in accordance with § 8 shall remain unaffected.
d) The order confirmation shall follow immediately after submitting the order and shall not constitute an acceptance of the contract.
e) A contract shall not come into effect until we have accepted your order by means of notification of acceptance or by the delivery of the articles ordered.
f) We may accept your order by sending a confirmation of order by e-mail or by delivering the goods within two days.
2. Offers and price quotations received in the online shop, online advertisements, brochures, print advertisements and other advertising material are non-binding and subject to confirmation.
3.
a) Details given by the Vendor as regards the object of delivery or service (e.g. weight, dimensions, practical value, capacity, tolerances and technical data), as well as our presentation of the same (e.g. technical drawings and illustrations) are only approximations, insofar as it has not been stipulated in the contract that exact details are a prerequisite.
b) They are not guaranteed characteristics, but descriptions or features of the delivery or service. Deviations according to custom and usage and deviations resulting from legal provisions or deviations constituting technical improvements, as well as a component replacement by equivalent parts are permissible, insofar as they do not impair usability for the contractually agreed purpose.
4. We shall also be allowed to have all obligations made under this contract fulfilled by a third party. We may also transfer the rights and obligations arising from this contract to a third party.

§ 3 Prices, payment, shipping costs

1)
a) All prices quoted in our online shop are gross prices including the statutory value added tax, plus incurring shipping costs.
b) Insofar as you are a “registered trader” ordering in our protected area the prices quoted there are net prices.
2)
a) Shipping costs are included in our price quotations in our online shop. The price including the value added tax and incurring shipping costs will also be shown in the order form before you submit your order.
b) Insofar as you are a “registered trader” ordering in our protected area, the prices without shipping costs quoted there are net prices.
3) Should we fulfil your order by means of part deliveries in line with § 4 paragraph 2, shipping costs will only be charged for the first delivery. If the part deliveries are carried out upon your request we shall charge shipping costs for each part delivery.
4) If you effectively revoke your contractual agreement in line with § 8, you can, under the legal preconditions, demand a refund of payments already made for the shipping to you (original shipping) (cf. other consequences of revocation § 8 paragraph 3).

§ 4 Delivery and delivery times

1. The term of delivery amounts to 1-3 days. It shall – subject to the provision of paragraph 3 – begin upon conclusion of the contract. If we do not observe an agreed delivery date, the Buyer shall grant us a reasonable period of grace, which should in no way exceed two weeks.
2. We shall be entitled to make part deliveries, insofar as this is acceptable for you.
3. In the case of orders from customers, who are resident abroad or have their business headquarters abroad, or in the case of reasonable indications of a risk of non-payment, we shall reserve the right to fulfil the delivery only after receipt of the purchase price plus shipping costs (advance payment proviso). Should we apply this advance payment proviso, we shall inform you immediately. In this case the term of delivery shall begin with payment of the purchase price and shipping costs.
4.Insofar as the purchaser is an entrepreneur or merchant the following shall apply: insofar as a fixed term or deadline has not been agreed, our deliveries and services shall be carried out as quickly as possible, however, at the latest within six weeks.

§ 5 Shipment

The delivery of the goods is effected from our works. We only ship goods if this has been agreed upon in particular cases.

§ 6 Guarantee

1. Insofar as the Buyer is a consumer the following shall apply:
a) We shall be liable in accordance with applicable legal provisions for material and legal defects of the goods delivered. The period of limitation of statutory claims amounts to two years and begins with the delivery of the goods.
b) Any vendor guarantee given by us for certain articles or manufacturer guarantee granted by the manufacturer of certain articles have the same standing as regards claims for material defects as set out in paragraph 1. Details of the scope of such guarantees result from the conditions of guarantee which will, if necessary, be included in the delivery of the articles.
2. Insofar as the purchaser is an entrepreneur or merchant the following shall apply:
a) The guarantee period is one year from delivery or, if an approval is required, from the date of approval.
b) The delivered articles should immediately be carefully examined after delivery to the Buyer or to a third party specified by him. These shall be considered approved if, upon written notification of defects pertaining to visible defects or other defects, which were noticed in an immediate and thorough inspection, within seven work days after delivery of the goods, or within seven work days after the defect is noticed, or after the point in time where the defect was noticeable for the Buyer during normal use and without any closer examination. On the request of the Vendor, the defective merchandise should be returned to the Vendor freight pre-paid. In the case of a justified complaint the Vendor shall reimburse the expenses of the cheapest method of shipment; this shall not apply if the expenses are increased because the delivery item is located somewhere other than the place of use as determined.
c) In the case of material defects in the items supplied, the Vendor is initially obliged and entitled to repair these or supply replacements according to his choice, which is to be carried out within an appropriate period. In the event of failure, i.e. in particular the impossibility, impracticality, refusal or unreasonable delay in reworking delivered goods or delivering replacement goods, the Buyer can withdraw from the contract or reduce the purchase price appropriately.
d) In the case of defects in components of other manufacturers which the Vendor for licensing reasons or other de facto reasons cannot rectify, the Vendor will, at his choice, make his warranty claims against the manufacturer and supplier on the Buyer‘s account or transfer the title to this to the Buyer. In the case of such defects, there are only warranty claims vis-à-vis the Vendor under other prerequisites and in accordance with the stipulations of these General Terms & Conditions of Sale, only if court assertion of the aforementioned claims against the manufacturer and suppliers has been unsuccessful, for instance due to insolvency, or it has no prospect of success. For the duration of the legal dispute, the limitation of period of the respective warranty claims of the Buyer against the Vendor shall be suspended.
e) The guarantee shall lapse if the Buyer modifies the supplied item without the consent of the Vendor or has it modified by a third party and, as a result of this, makes the repair of defects impossible or difficult to the point where they are unreasonable. In any case, the Buyer must bear the additional costs of remedying defects caused by the modification.
f) The delivery of used goods agreed with the customer on a case-to-case basis shall be made subject to the exclusion of any guarantee.

§ 7 Liability

1. Insofar as the Buyer is a consumer the following shall apply:
a) In all cases of contractual and extra-contractual liability we shall be liable vis-à-vis you with regard to wilful intent and gross negligence in accordance with legal stipulations for compensation or reimbursement of frustrated expenditure.
b) In other cases we shall be liable – insofar as not otherwise regulated in paragraph 3 – in the case of a breach of contractual obligations whose fulfilment is essential to the proper execution of the contract and on whose fulfilment the customer may ordinarily rely (cardinal obligation), but limited to the replacement of such foreseeable and typical damage. In all other cases our liability shall be excluded subject to the provision in paragraph 3.
c) The above limitations of liability do not apply to our liability with regard to injury to life, body or health, or product liability laws.
2. Insofar as the purchaser is an entrepreneur or merchant the following shall apply:
a) The liability of the Vendor for compensation, irrespective of the legal grounds, in particular in the case of delay, defective or wrong deliveries, breach of contract, breach of duties during contract negotiations or action in tort, to the extent that this involves culpability, shall be limited in accordance with this § 7.
Vendor shall not be liable in cases of simple negligence of his executive bodies, legal representatives, employees or other vicarious agents; in the case of gross negligence on the part of non-senior executives or other vicarious agents; inasmuch as it does not concern a breach of duties which are significant for the agreement. Essential contractual obligations include the obligation to deliver and install in a timely fashion goods that are free of essential defects, advisory, protective, custodial and duty of care obligations that enable the customer to use the item delivered in the contractually prescribed manner or whose purpose is to protect the lives and health of the customer’s or third party personnel or to protect the property of the customer from significant damage.
b) Insofar as the Vendor is liable for compensation in accordance with § 7 b) this liability shall be limited to damages which, upon conclusion of the contract anticipated as a possible consequence of a breach of contract, or which under consideration of the circumstances, and by applying due care and attention, were or should have been known to him. Indirect damage and consequential damage resulting from defects in the item supplied are only subject to compensation insofar as such can be typically expected from the normal use of the contract goods.
c) In the event of liability for simple negligence, the Vendor's obligation to pay compensation for property damage and personal injury is limited to an amount of EUR 2.5 million (two million five hundred thousand) per event of damage, even if this is a case of infringement of obligations essential to the contract.
d) The aforementioned exclusions and limitations of liability shall equally apply for management bodies, legal representatives, employees and other vicarious agents of the Vendor.
e) Insofar as the Vendor provides technical information or acts as an adviser and this information or advice is not part of the contractually agreed scope of services owed by him, this is done free of charge and under exclusion of any liability.
f) The limitations of this § 7 shall not apply to claims which have arisen due to fraudulent action by the Vendor, to any liability for guaranteed characteristics, to loss or damage resulting from death, bodily injury and harm to health or under the German Product Liability Act.
g) If the Vendor withdraws from the contract, he shall be obliged, without prejudice to any form of evidence that no damage or substantially less damage has occurred, to pay the Vendor 25% of the order value as compensation. The same shall apply if the Buyer is in default with the acceptance of the goods, after a previous re-setting of a deadline and a warning of rejection.

§ 8 Right of revocation

(1) If you are a consumer (i.e. a natural person, submitting an order that is not for the purpose of pursuing your commercial or freelance occupation) you have a right of revocation in accordance with legal stipulations.
(2) Should you, as a consumer, make use of your right of revocation in accordance with item (1), you shall bear the regular costs for the return.
(3) Moreover, for the right of revocation the regulations as detailed below shall apply:

Revocation policy

Right of revocation

You have the right to revoke your contract within 14 days without stating reasons.
The revocation period amounts to fourteen days from the day you or a third party appointed by you, who is not the carrier, has taken possession of the goods. To exercise your right of revocation you must inform us:

MVG-Metallverarbeitungsgesellschaft mbH
An der Wasserwiese 1,52249 Eschweiler
Germany

Telefax: 0049 (0) 2403 / 7902 - 99

E-Mail: info@mvg-ahk.de

of your decision to revoke this contract by means of a clear statement (e.g. letter, telefax, e-mail). For this, you can use the enclosed sample revocation form; this is, however, not obligatory. You can fill in the sample revocation form electronically or post another clear statement on our website www.mvg-ahk.de. Using this possibility we will immediately confirm the receipt of such a revocation (e.g. per e-mail).
To observe the revocation period it is sufficient to send us the information on your exercise of the right of revocation before the expiry of the cancellation period.

Consequences of revocation

If you revoke this contract we shall return to you all payments we have received from you, including the shipping costs (with the exception of additional costs arising from your selection of a form of delivery differing to that of the standard, most-favourably priced delivery means offered by us) without delay and, at the latest, within fourteen days after the day of receipt of the notification of your revocation of this contract. For this repayment we shall – unless otherwise agreed with you - use the same means of payment you used for the original transaction; no fees whatsoever will be charged to you in connection with this repayment. We can refuse repayment until we have received the returned goods or until you have provided evidence that you have sent back the goods, depending on whichever is earlier.
You shall send back or return by handover the goods without delay, in any case, at the latest, within fourteen days after the day of your notification of revocation of this contract to us. The time limit shall be observed if you dispatch the goods before the expiry of the fourteen-day limit.
You shall bear the immediate costs for the return of the goods.
You shall only have to pay for any diminished value of the goods resulting from handling in such a way other than is necessary to ascertain the quality, nature and functioning of the goods.

- End of revocation policy -

(4) The right of revocation does not apply for distance selling contracts
(a) for the supply of goods manufactured to customer specifications or which are clearly tailored to personal requirements or which, due to their condition, are not suitable for return or which can perish quickly or their expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, insofar as you have unsealed the supplied data media.

§ 9 Reservation of ownership

1. The supplied goods shall remain our property until the complete purchase price has been paid.
2. Insofar as the purchaser is an entrepreneur or merchant the following shall apply:
a) The following agreed reservation of ownership serves as security for all and any demands of the Vendor against the Buyer, existing now and in the future, arising from the supply relationship between the contractual partners.
b) The goods delivered by the Vendor to the Buyer shall remain the property of the Vendor until all secured claims have been paid in full. Both the goods and all other goods included in the reservation of ownership to take their place in accordance with this clause are hereinafter referred to as “reserved goods”.
c) The Buyer shall store the reserved goods at no costs for the Vendor.
d) The Buyer shall be entitled to process and sell the reserved goods in normal business dealings up to the point of instigation of recovery (i). Pledges and assignments of security shall not be allowed.
e) If the reserved goods are processed by the Buyer, it shall be agreed that the processing shall be carried out in the name of and for the account of the Vendor as the manufacturer; and the Vendor shall immediately gain ownership of the newly created product – or if the processing involves materials provided by a number of owners or the value of the processed goods exceeds that of the reserved goods - co-ownership (fractional ownership interest) of the newly created product based upon the proportion of the invoice value of the reserved goods. In the event that no such acquisition of ownership should occur for the Vendor, the Buyer shall at this point transfer his future ownership or - in the aforementioned relationship - his co-ownership of the newly created items to the Vendor for reasons of security. If the reserved goods are connected with other goods to a single object or inseparably intermingled, and if one of the other goods can be seen as the key component, the Vendor shall transfer the key component – insofar as the key component belongs to the Vendor - a co-ownership interest in the single product in the proportion defined in sentence 1 above.
f) In the event that the reserved goods are sold on, the Buyer hereby transfers the resulting claim against the acquirer - in the case of co-ownership of the Vendor of the reserved goods in proportion to the share of co-ownership - to the Vendor by way of security. The same shall apply for claims which replace the reserved goods or arise with regard to the reserved goods, e.g. insurance claims or claims in tort in the case of loss or destruction. The Vendor empowers the Buyer, in a revocable manner, to collect the claims transferred to the Vendor in his own name on behalf of the Vendor. The Vendor may only revoke this authorisation for collection in the case of realisation.
g) If third parties take hold of the reserved goods, in particular by garnishment, the Buyer shall immediately make reference to the property of the Vendor and also inform the Vendor of this, so that ownership rights can be enforced. In the event that the third party is unable to indemnify the Vendor for costs incurred in connection with such proceedings in or out of court, the Buyer shall be liable for such costs to the Vendor.
h) Upon demand, the Vendor shall release reserved goods or the items or claims taking the place of reserved goods, to the extent that the value of such goods exceeds the amount of secured claims by more than 30%.
i) If, in the event of behaviour on the part of the Buyer contrary to the contract - in particular late payment - the Vendor withdraws from the contract (case of recovery), he shall be entitled to demand the reserved goods.

§ 10 Copyrights

We have the copyrights to all pictures, films and texts which are published in our online shop. The use of these pictures, films and texts shall not be allowed without our express written consent.

§ 11 Consumer arbitration board / Dispute settlement procedure

The European Commission provides a platform for consumers for Online Dispute Resolution (ODR) which you can find under the external link Online Dispute Resolution.
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. Our e-mail address: info@mvg-ahk.de

§ 12 Final provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer who, at the time of order placement, has his usual place of residence in another country, the application of the mandatory legislation regulations of this country shall remain unaffected by choice of legislation in Sentence 1.
(2) If you are a trader with your business location in Germany at the time of ordering, the exclusive place of jurisdiction shall be the headquarters of the Vendor, in Eschweiler or Stuttgart. Moreover, the applicable legal regulations shall apply to local and international jurisdiction.
(3) Insofar as you are a business enterprise the following shall apply: Insofar as the contract or these General Terms & Conditions of Sale contain any loopholes, those legally effective provisions which the contracting partners would have agreed according to the commercial aims of the contract and the purpose of these General Terms & Conditions of Sale, if they had been aware of the loopholes, are considered to be agreed for filling these loopholes


Status: 13.02.2015