General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
1.1 The following terms and conditions apply to contracts that you conclude with us as the provider (MP artware) via the website www.mp-artware.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
1.2 A consumer is defined in the following regulations 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. An entrepreneur is 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 Subject-matter of the contract is the sale of goods.
2.2 Already with the listing of the respective product on our website, we submit to you a binding offer to conclude a contract under the conditions stated in the item description.
2.3 The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can use the appropriate button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping details, all order data is displayed again in the order overview bar.
If you use an immediate payment system (e.g. Paypal/advance payment/invoice) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the provider's website.
If you are redirected to Paypal, make the appropriate selection or enter the requested data. You will then be redirected back to the order overview page in our online shop.
Before submitting the order, you have the possibility to double-check all details, to change them (also via the "back" function of the browser) or to cancel the purchase.
By submitting the order via the "Buy now" button (or similar designations), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
2.4 Your requests for quotation are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
2.5 The order processing and the transmission of all information required for the contract conclusion is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have registered with us is correct, that it is technically possible to receive e-mails from us and that these are not blocked by SPAM filters.
§ 3 Right of Retention, Reservation of Title
3.1 You may exercise your right of retention only on the condition that the claims belong to the same contractual relationship.
3.2 The goods shall remain our property until the full purchase price has been paid.
3.3 The following additional provisions apply to entrepreneurs:
a) We reserve the title for the goods delivered until all outstanding payments from the current business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, a pledge or transfer by way of security is not permitted.
b) You are entitled to resell the goods in a proper course of business. In this case, you already now assign to us any claims in the amount of the invoice arising from the resale; we accept the assignment. You shall remain entitled to collect this claim. But we reserve the right to collect the claim ourselves if you do not properly fulfil your payment obligations.
c) If the reserved goods are combined or blended, we shall be entitled to co-ownership of the new goods in the proportion of the invoice value of the reserved goods to the other goods used at the time of processing.
d) We undertake to release the securities we are entitled to on your request insofar as the realisable value of our securities exceeds the claim to be made by more than 10%. We shall be free to choose the securities to be released.
§ 4 Warranty
4.1 The statutory rights of liability for defects shall apply.
4.2 As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the shipping agent of any objections as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
4.3 Warranty regulations other than the ones mentioned above shall apply for entrepreneurs:
a) Only our own specifications and the manufacturer's product description regarding the quality of the item shall be considered as agreed, but no other advertising, public promotions and statements by the manufacturer.
b) In case of defects, we shall provide warranty by rectification or subsequent delivery at our discretion. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second vain attempt, unless something else arises from the nature of the item or the defect or other circumstances.
§ 5 Choice of Legislation, Place of Performance, Place of Jurisdiction
5.1 This Agreement shall be subject to German Law. 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 (favourability principle).
5.2 The place of performance for all services arising from our business relationship and the place of jurisdiction shall be our place of business, insofar as you are not a consumer but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time legal action is instituted. The right to bring an action before a court at another statutory place of jurisdiction shall remain unaffected.
5.3 The provisions of the UN Convention of Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Vendor
Phone +49 (0) 7424 9591-0
Alternative Dispute Resolution as per art. 14, para. 1 ODR Regulation and § 36 VSBG (Consumer Dispute Settlement Law):
Here you can find a platform for online dispute resolution (ODR) provided by the European Commission: https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure by a consumer arbitration board.
The competent body is the Federal Universal Arbitration Board at the Zentrum für Schlichtung e.V., Strassburger Straße 8, 77694 Kehl, www.universalschlichtungstelle.de.
2. Information on Contract Conclusion
The technical steps for the conclusion of a contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Conclusion of Contract" regulations in our General Terms and Conditions.
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2 We do not store the complete text of the contract. Before submitting the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After we have received your order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you by e-mail.
3.3 If you request a quotation via a method other than the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Key Features of the Goods or Services
The key features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1 The prices listed in the offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be displayed via a correspondingly designated button on our website or in the respective offer. They are listed separately during the order process and are to be paid additionally, unless free delivery has been promised.
5.3 For deliveries to countries outside the European Union, additional costs, such as custom duties, taxes or money transfer fees (transfer or exchange rate fees of the banks), may also apply, over which we have no jurisdiction, and which you must pay in full.
5.4 You must pay any costs incurred for the money transfer (transfer or exchange rate fees of the banks) in cases where the delivery is made to an EU member state but the payment originates outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1 As a rule, deliveries usually happen promptly ex stock from Spaichingen, subject to prior sale and partial deliveries.
6.2 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 payment method, in which case the delivery address recorded by the customer in PayPal shall be the one used.
6.3 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.
6.4 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 shipping costs are charged.
7. Statutory Right of Liability for Defects
The liability for defects is defined in the "Warranty" provision in our General Terms and Conditions.