General Terms and Conditions
for the Internet shop sales transactions of Metav Handel GmbH
1. Vendor and scope
1.1. The contractual partner (hereinafter referred to as: "Vendor") is:
Metav Handel GmbH
Tel.: 07121 – 144 82-0
E-Post : info@metav-handel.de
VAT Id no.: 232505647 Finanzamt Reutlingen
Amtsgericht Stuttgart
HRB 354293
1.2. The AGB (General Terms and Conditions) apply exclusively and in the version applicable at the time of signing the contract. These conditions are applicable to consumers as well as enterprises, unless a differentiation has been made in the corresponding clause.
2. Conclusion of contract
2.1. The presentation of products in the Internet shops does not imply that a legally binding offer has been made; instead, a non-binding catalogue is presented.
2.2. Only when the purchaser sends a purchase order, a binding offer is made for all the goods in his shopping cart . When a consumer places an order, the vendor confirms its receipt immediately with an automatically generated electronic message. However, confirmation of the purchase order does not imply that a sales agreement has been signed.
2.3. A sales agreement will become effective only when the ordered product is dispatched. No sales agreement is signed for products that have not been dispatched or whose purchase order has not been accepted, even though these are included in the same purchase order.
3. Prices
The selling prices mentioned in the Internet shop are inclusive of the legally applicable value-added tax (VAT).
We would like to point out that we have to reserve the right to change prices without prior notice. A few of our suppliers change prices at different times. A valid price - list is impossible to keep. The VAT is mentioned on the invoice. These prices do not include the shipping costs (see 4.).
4. Payment and delivery terms
4.1. Payments should only be transferred to our business account or made in cash on delivery.
4.2. The payment becomes due with the conclusion of the sales agreement. The total price of the purchase order is free of costs and charges and should be paid without any deductions.
4.3. If any part of the ordered goods is not available at the time of delivery, the vendor shall have the right to make partial delivery (temporarily). The vendor shall bear the additional shipping costs.
4.4. The shipping costs are given in the menu item “Shipping costs”.
4.5. Additional fees shall be payable for consignments, for which payments have to be made on delivery. The vendor shall bear the risk for transportation damages while making deliveries to consumers. The vendor shall also assume the liability for incidental destruction and deterioration of the sold goods; if contractors are involved, this risk shall be transferred to the purchaser immediately after the goods are delivered to the forwarding agent or to any other person / institute responsible for the dispatch.
4.6. If the purchaser causes delay in acceptance, the vendor can claim compensation for the resultant damages; however, the purchaser shall reserve the right to produce proof of minor damages.
5. Guarantee
In the following clauses, the vendor guarantees that his deliveries and services are free from faults / defects in the legally implied sense:
5.1. For consumers, the guarantee term shall be 2 years from the delivery of goods; if used products are purchased, the guarantee term shall be reduced to 1 year. Consumers are requested to point out obvious defects in the goods in writing within a period of 2 weeks after their delivery. If the consumer fails to do so, this shall not affect his legally valid guarantee claims.
The consumers have the right to decide whether the corrective measures should be taken in the form of subsequent rectification of defects or through replacement. The vendor shall have the right to reject the selected corrective measures if the costs involved are unreasonable and the other alternative is more favourable.
If the corrective measures are not realised, the customer can either claim a reduction in the payment or can withdraw from the contract and also claim compensation. In case of extremely minor defects, the customer shall not have the right to withdrawal. If the customer claims compensation of damages, the limitations of liability mentioned in point 6 shall be applicable.
5.2. For contractors, the guarantee term is 1 year from the delivery of goods; no guarantee is given for used goods. The contractor must check the goods immediately after the delivery and point out the defects (if any) to the vendor. If he fails to do so, it shall be assumed that the goods are accepted. The contractor shall point out hidden defects to the vendor in writing within one week after they have been detected. Timely mailing shall be sufficient to meet the deadline. The contractor shall bear the onus of proof of all pre-conditions for exercising the claims, particularly the damage compensation claims for defects, to ensure the time of detection of defects and their on-time notification. For contractors, the vendor shall offer guarantee for defects either in the form of subsequent improvement or through replacement, as per his will.
5.3 To ensure quick processing as far as possible, the contractor is requested to attach a copy of the invoice / delivery note and a detailed description of the defect along with the return consignment of goods. If the contractor fails to do so, this shall not have any legal consequences.
5.4. Please refer to point 6 for damage compensation claims resulting from a defect.
6. Liability for damages
6.1. The liability for violation of contractual obligations and offence is restricted to purposeful act and gross negligence. However, this shall not be applicable in the event of injury to life or health of the purchaser and physical injuries, claims resulting from violation of cardinal obligations and claims for compensation of damages caused by delay (§ 286 BGB). In this respect, the vendor shall assume the liability for every degree of fault.
6.2. If damage compensation claims, not pertaining to injury to life or health of the purchaser and physical injuries, can be exercised even for slight negligence, such claims shall expire within one year after these claims are made valid.
6.3. If the damage compensation liability of the vendor is excluded or restricted, the same shall also be valid to the personal damage compensation liability of employees, co-workers, representatives and assistants.
6.4. Within the given scope, the vendor shall not assume the liability for information and tips that are not specifically product-related and are offered free of cost; likewise, he shall not assume any liability for hyperlinks that refer to external offers.
6.5. Under any circumstances, the compensation of damages shall not exceed the selling price.
7. Right of withdrawal
According to the following instruction, consumers can avail of a right of withdrawal:
7.1 Right of withdrawal
The purchaser can cancel / revoke his contractual declaration within 2 weeks in text form (e.g. in the form of a letter, fax or e-mail) or by returning the goods without giving the reasons. We will give you this instruction of revocation in a separate text form. The term shall commence on the day, on which you receive the goods and the revocation of instruction in text form. If you merely send the revocation / cancellation order and the goods on time, the revocation term shall be complied with. Please send the cancellation order or return consignment to the following address:
Metav Handel GmbH, Lembergstr. 31, 72766 Reutlingen
Fax: +49 (0) 7121 / 144 82-22
E-Post: info@metav-handel.de
7.2 Exclusion
The right of withdrawal shall not be applicable to contracts
- on the delivery of audio and video recordings (CDs, DVDs etc.) or software if the delivered data carriers have been unsealed by the purchaser,
- on the delivery of newspapers, periodicals and magazines or
- that have been signed in the form of auctions
- on products that have been manufactured as per the customer specifications or are tailor-made to fit the personal requirements of the customer.
7.3 Consequences of revocation
If a revocation order is made effective, the services availed by both the parties as well as benefits (e.g. interest) must be returned. If the purchaser is unable to return/refund the received services completely or partially or can return it only in a deteriorated condition, he shall pay compensation equal to the value of the services availed. In case of surrender of goods, this shall not be applicable if the deterioration of goods is exclusively due to their testing – as would be the case in retail shops. The purchaser can avoid the obligation of value replacement by using the goods not like an owner and by avoiding any impairment of their value.
7.4 Costs for the return consignment
The purchaser shall bear the costs for the return consignment only if the delivered goods correspond exactly to the ordered goods and if the price of goods to be returned does not exceed EUR 40.00 or if the purchaser has not provided the return services or made a contractually agreed part payment considering a high price of the goods.
In any other circumstances, the purchaser shall not bear the costs for the return consignment.
The vendor pleads – without statutory duty or penalty in case of violating the statutory obligations – for refrainment from unstamped (= not franked) return consignments or return consignments with payment on delivery, since this involves extremely high costs and would thus, be unfavourable to the vendor.
To ensure quick processing as far as possible, the purchaser is requested to attach a copy of the invoice / delivery note and a detailed description of the defect along with the return consignment of goods. If he fails to do so, this shall not have any legal consequences.
8. Availability reservation
If the purchaser is a consumer, the vendor shall have the right to withdraw from the contract if he does not receive the goods in spite of the previous conclusion of a purchase agreement. In the event of withdrawal from contract, the purchaser will be immediately informed of the pending delivery by the vendor’s supplier and an already obtained payment will be returned to him without delay.
Apart from that, the vendor shall have the right to withdraw from the contract in the event of pending, incorrect or late delivery by his supplier.
9. Retention of title
Till the complete payment is made, the delivered goods shall remain the property of the vendor.
10. Offsetting / Right of retention
The purchaser shall have the right of retention only if the counterclaims are legally ascertained or are undisputed. The purchaser has the right to exercise his right of retention only if his counterclaim is based on the same contractual relationship.
11. Applicable law / legal domicile
All issues coming hereunder shall be governed by the German Law. The UN Convention of Contracts for International Sale of Goods (CISG) shall not be applicable. The head office of the vendor will be the legal domicile for all transactions with business people, legal entities that come under the public law or transactions pertaining to special public assets.
12. Data security declaration
Data related to persons, which is required in course of the business relationship, will be stored electronically.
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