Terms and conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Klaus G. Morgenstern) on the website www.m-ware.de. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for sale are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping basket" and make changes there at any time.
After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Insofar as you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as payment method, you will either be directed to the order overview page in our online shop or you will first be directed to the Internet site of the provider of the instant payment system forwarded.
If the forwarding to the respective instant payment system takes place, you make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "order with payment" you declare legally binding the acceptance of the offer, whereby the contract comes about.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additions apply:
a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) For used goods the warranty period deviates from the legal regulation one year from delivery of the thing. The reduction of the time limit does not apply:
- culpably caused damages due to injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing.
(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(4) Insofar as you are an entrepreneur, contrary to the above warranty regulations:
a) As a condition of the thing are only our own information and the product description of the manufacturer as agreed, but not other advertising, public suggestions and expressions of the manufacturer.
b) In the case of defects, we provide warranty at our discretion through repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the time limit does not apply:
- culpably caused damages due to injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing;
- in the case of items which have been used for a structure in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of law
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
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II. Customer information
1. Identity of the seller
Klaus G. Morgenstern
At the Harth 10
04416 Markkleeberg
Germany
Telephone: 0341-33742448
E-mail: electronics@m-wa.re
Alternative dispute resolution:
The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or electronically secure.
4. Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.
5.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such. Customs duties, taxes or money transfer fees (bank transfer or exchange rate charges) to be borne by you. You also have to bear the costs incurred in transferring the money in cases where the delivery was made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.5. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, the delivery and shipment takes place at your risk.
7. Legal Liability Right
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These GTC and customer information were created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last update: 07.12.2017
