General terms & conditions of business

1 Scope

 

1.1 These terms & conditions of business for MP artware (hereinafter 'Vendor'), apply to all contracts that a consumer or business person (hereinafter 'Customer') may conclude with the Vendor in respect of the goods and/or services presented by the Vendor in his online shop. The inclusion of any terms & conditions of the Customer is not permitted, unless otherwise agreed.

 


1.2 A consumer is defined in these General Terms & Conditions of Business as any natural person who concludes a lawful business transaction for a purpose that cannot be considered to be either a commercial or an independent vocational activity. A business person is defined in these General Terms & Conditions of Business as any natural person or legal entity or a business partnership vested with legal capacity who concludes a lawful business transaction for a purpose relating to an independent vocational or commercial activity.

 

2 Conclusion of contract

 

2.1 The product descriptions in the online shop of the Vendor do not constitute binding offers on the part of the Vendor but instead serve to enable the Customer to submit a binding offer.


2.2 The Customer can submit the offer through the integrated online order form in the online shop of the Vendor. When an order is placed via the online order form, the Customer first enters personal details then clicks the 'Place a Firm Order' button, then as a final step in the order process, submits a legally binding contractual offer in relation to the goods in the shopping basket.


2.3 The Vendor can accept the offer from the Customer in writing (by letter) or electronically (by fax or e-mail) in the form of an order confirmation, or by supplying the goods within five days. The Vendor is entitled to refuse to accept the order.


2.4 As a general rule, order processing and the establishing of contact take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, to ensure that any e-mails sent to it by the Vendor can be received. In particular, the Customer must ensure that any use of SPAM filters does not prevent the Vendor or third parties appointed by the Vendor from sending e-mails associated with the processing of an order.

 

3 Return shipment costs when exercising the right of withdrawal

 

3.1 You must send the goods back to us, or hand them back in to us, immediately and in all cases within no longer than fourteen days from the date when you advise us of the cancellation of this contract. This requirement is deemed to have been met if you dispatch the goods to us before the deadline of fourteen days has elapsed. You bear the direct costs of returning the goods to us. Please read the entire Right of Withdrawal Instructions.

 

4 Prices and payment terms

 

4.1 All prices are displayed in €. Unless otherwise specifically mentioned, the prices for the items shown in accordance with the description, but not including accessories or decoration.

 

4.2 The prices quoted by the Vendor, depending on the selected shop view, are final prices, which include German sales tax at its official rate (B2C shop view) or net prices, plus sales tax (B2B shop view). Where applicable, any delivery and carriage costs incurred will be quoted separately in each of our product descriptions.


4.3 For deliveries within Germany, the Vendor offers the following payment options, except where otherwise stipulated in a product description:


• Payment in advance by interbank transfer

• Payment in advance using PayPal, the payment service provider

• Credit card (Visa, Mastercard)

• Cash on delivery


4.4 In the case of items for which shipment abroad is also offered, the customer has the following payment options for international deliveries, unless otherwise stipulated in a product description:


• Payment in advance by interbank transfer

• Payment in advance using PayPal, the payment service provider

• Credit card (Visa, Mastercard)


4.5 For deliveries to countries outside the European Union, additional costs may also apply in individual cases over which the Vendor has no jurisdiction, and which must be paid in full by the Customer. Examples could for example include the costs for transfer of money by banks (e.g. transfer fees, exchange rate fees) or import charges and/or taxes (e.g. customs duty).


4.6 If payment in advance has been agreed, payment is then due immediately after conclusion of contract and/or after receipt of order confirmation.


4.7 When selecting credit card as the form of payment, the credit card account of the Customer is charged immediately after acceptance by the Vendor, in accordance with Clause 2.3 of the General Terms & Conditions of business (see above).

 

5 Terms of delivery and shipment

 

5.1 As a rule, deliveries usually happen promptly ex stock from Spaichingen, subject to prior sale and partial deliveries.

 

5.2 The delivery of goods is effected by regular methods of shipment to the delivery address provided by the Customer. When processing the transaction, the Vendor shall use the delivery address provided in the order processing documents. An exception to this occurs when PayPal is chosen as the method of payment, in which case the delivery address recorded by the Customer in PayPal shall be the one used.


5.3 In cases where the transportation company returns the shipped goods to the Vendor, because delivery to the Customer was not possible, the Customer must pay the cost of the unsuccessful shipment. This does not apply if the Customer avails himself of his right of objection in refusing to accept delivery, in cases where he was not responsible for the circumstance that rendered delivery impossible, or if he was temporarily prevented from accepting the service provided, except in cases where the Vendor notified the Customer of that service with a reasonable period of advance notice.


5.4 In cases of collection by the customer, the Vendor first notifies the Customer by e-mail that the goods ordered are ready for collection. On receipt of this e-mail, the Customer contacts the Vendor and agrees a date and time for collection. In these cases, no transportation costs are charged.

 

5.5 To see an overview of transportation costs, look here.

 

6 Retention of title 

 

6.1 The delivered goods remain our property until full payment has been received. 

 

7 Warranty & Quality

 

7.1 Design modifications and/or technical further developments to our products are possible.

 

7.2 From the date of sale of our products, you receive legal guarantee and warranty cover in respect of material defects and processing flaws that we shall remedy either by repair, credit note or replacement delivery. Damage or faults found to result from incorrect operation, the application of force or natural wear and tear are not covered by this guarantee.

 

8 Data protection

 

8.1 To keep you secure when purchasing from MPartware.de, we have done everything we can to protect your data from third-party access. You see, your data and the confidence you display in us absolutely oblige us to achieve optimum security. MPartware.de only stores the data communicated to us for the purposes of your orders and for the processing of those orders. We refuse to pass this data to third parties, except to partners involved in the processing of orders.  Read here for more details.

 

9 Court of jurisdiction

 

9.1 For all legal relationships between the parties, German Law applies, excluding legislation relating to the international sale of goods. For consumers, this choice of legislation only applies to the extent that they are not covered by the protection assured by compelling legislative provisions in the country where consumers have their normal place of residence.


9.2 If the Customer is a businessman, a corporate body under public law or a legal entity under public law based in the sovereign territory of Germany, the sole court of jurisdiction for any disputes arising from this contract shall be the registered place of business of the Vendor. If the Customer is based outside the sovereign territory of Germany, the registered place of business of the Vendor is the sole court of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be assigned to the vocational or commercial activity of the Customer. However, the Vendor is entitled in the aforementioned cases to convene the court at the place of business of the Customer.


9.3 The language of contract is German.