Terms of Business
General Terms of Business Metallbearbeitung Gerhard Maier Pfaffenhofen/Ilm
§ 1 General, scope of application
The General Terms of Business govern the contractual relationship between Metallbearbeitung Gerhard Maier and the individuals and entities using the website of Metallbearbeitung Gerhard Maier (hereinafter called the Buyer). The Terms cover the use of the website of metallbearbeitung-maier.de, all sub-domains belonging to this domain as well as the use of the online shop sintermetallshop.de. Deviating regulations are only applicable to the extent that they have been agreed upon in writing between Metallbearbeitung Gerhard Maier and the Buyer or are specifically expressed in the Terms.
§ 2 Conclusion of contract
(1) The products offered by Metallbearbeitung Gerhard Maier on the Internet represent a non-binding invitation to the Buyer to purchase and order goods from Metallbearbeitung Gerhard Maier.
(2) By ordering the desired object of purchase on the Internet, the Buyer renders a binding offer to conclude a sales contract.
(3) Metallbearbeitung Gerhard Maier has the right to accept this offer within 4 days. Decisive for observing the term is the point in time when the Buyer receives the acceptance/confirmation of order. The confirmation of order will by sent by email or by post. After the unsuccessful expiry of the term stated in the first sentence, the offer shall be deemed as declined.
§ 3 Payment, maturity, delays in payment
(1) The obligatory down payment of the purchase price shall be stated and requested in the confirmation of order. Payment by COD, credit card, PayPal or direct debit is only possible upon agreement. Metallbearbeitung Gerhard Maier reserves the right to accept or refuse certain means of payment in certain cases. Metallbearbeitung Gerhard Maier reserves the right to request a down payment within one month or to request proof that the Buyer is able to pay the purchase price.
(2) In the event of payment in advance, the customer is obliged to pay the purchase price immediately after conclusion of the contract.
(3) If the customer is in arrears, s/he is responsible for all negligence within that period. He is liable for the goods even in the event of chance unless the damage would have occurred in the event of timely payment.
(4) The purchase price shall be interest-bearing during the period of arrears. The interest rate for default is eight percent points above the basic interest rate per year.
§ 4 Delivery and dispatch
(1) Delivery is made by sending the object of purchase to the address stated by the Buyer.
(2) The costs of delivery of the object of purchase will be calculated on the basis of the weight and size of the object of purchase, insofar as not otherwise stated. If the Buyer wishes a particular from of delivery incurring higher costs, he is obliged to bear these additional costs.
(3) The risk of accidental loss and accidental deterioration of the object of purchase shall be passed onto the Buyer the moment Metallbearbeitung Gerhard Maier has handed it over to the forwarder, the hauler or other person or other establishment defined to make delivery.
§ 5 Retention of property
The object of purchase shall remain the property of Metallbearbeitung Gerhard Maier until fully paid for. The pledging, chattel mortgaging, processing or transformation prior to the transfer of property rights is not permitted without permission by Metallbearbeitung Gerhard Maier.
§ 6 Prices
(1) All prices are non-binding ; price change, errors and omissions are expressly subject to change. The respective price stated for the object of purchase is to be understood as net price. The statutory VAT of 19% at present shall be added. The price does not cover delivery and dispatch costs.
(2) Upon updating the websites metallbearbeitung-maier.de and sintermetallshop.de, former prices and other information about the object of purchase shall become invalid. In contrast, price adjustments during ongoing contractual negotiations as per § 309 No. 1 German Civil Code (BGB) are excluded.
(3) Decisive for the invoice is the price at the time the Buyer submits his offer.
§ 7 Guarantee
(1) The Buyer is obliged to inspect the object of purchase immediately after delivery to the extent practical in line with proper course of business. If there is a defect, it must be reported to Metallbearbeitung Gerhard Maier without delay. Should the Buyer refrain from doing so, the object of purchase shall be deemed approved unless the defect could not be recognised during the inspection. Should such a defect become noticeable at a later point in time, it must be reported immediately upon discovery; otherwise the object of purchase shall be deemed approved even considering this defect. These provisions do not apply if the defect was misrepresented by silence. For the Buyer’s rights to be observed, the timely posting of the report shall suffice.
(2) If Metallbearbeitung Gerhard Maier supplies an object of purchase that is free from defects for the purpose of supplementary performance, Metallbearbeitung Gerhard Maier may demand the return of the defective object of purchase from the Buyer.
(3) Damage caused by improper measures or those contrary to contract by the Buyer upon assembly, connection, operation, processing or storing do not constitute a claim against Metallbearbeitung Gerhard Maier. Inappropriate measures and infringement of contract are determined in particular by the manufacturer’s information about the items supplied.
§ 8 Cancellation
(1) Metallbearbeitung Gerhard Maier reserves the right to cancel the contract even in view of still outstanding parts of the delivery or performance if false statements are made about the Buyer’s creditworthiness or objective reasons in view of the Buyer’s inability to pay have arisen, for example the opening of insolvency proceedings over the Buyer’s assets or the dismissal of such proceedings due to the lack of cost-covering assets. Prior to cancellation, the Buyer shall be given the opportunity to make an advance payment or render suitable security.
(2) Without prejudice to possible claims for compensation, in the event of a partial cancellation, partial performances rendered and to be invoiced and paid according to contract.
§ 9 Damages in transit
A complaint must be made to the forwarder/hauler regarding goods with obvious damage to the packaging or content delivered to the Buyer. The acceptance of these should be refused. In addition, Metallbearbeitung Gerhard Maier Kontakt must be contacted without delay by telephone, email, fax or post. This does not involve a reduction of statutory periods of limitation.
§ 10 Liability limitation
(1) For damages other than injury to life, body and health arising, Metallbearbeitung Gerhard Maier is only liable to the extent that these damages are based on intentional or grossly negligent actions or on a culpable breach of an essential contractual obligation by Metallbearbeitung Gerhard Maier or their vicarious agents. Liability for compensation going beyond this is excluded. Claims arising from a guarantee given by Metallbearbeitung Gerhard Maier for the condition of the object of purchase and the Product Liability Act shall remain unaffected by this.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be flawless and/or available at all times. Metallbearbeitung Gerhard Maier is not liable for the constant availability of their website.
§ 11 Data policy
Please see our updated privacy policy according to DSGVO under "Privacy".
§ 12 Court of jurisdiction
All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The court of jurisdiction Pfaffenhofen and der Ilm/Ingolstadt is solely responsible for all disputes including bills and cheque receivables.
§ 13 Severability clause
Should one provision of these Terms be or become invalid or unenforceable, the remaining provisions of these Terms shall remain unaffected.
Version as of 25 May 2018