Terms of service
Terms and customer information
I. Terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you make with us as a supplier (Marco Sorrentino) on the website www.mightymetalbob.de. Unless otherwise agreed, the inclusion of which might be used by you own conditions is prohibited.
(2) consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor its independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, which is concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
Our offers in binding and no binding offer to conclude a contract.
(2) You can make a binding offer to purchase (order) using the online shopping cart system.
The goods intended for sale are stored in the "basket". On the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and entering your personal details and the payment and shipping terms, all order data is displayed on the order summary page finally again.
Before submitting the order you have the opportunity here to check all the settings again to change (also using the "back" of the Internet browser) or cancel the purchase.
By submitting the order using the "Order to pay it", enter a binding offer from us.
(3) Acceptance of the Offer (and therefore the contract) made immediately after order confirmation by in writing (eg e-mail) in which you complete the order or delivery of the goods is confirmed (order confirmation).
If you have not received an appropriate message, you are no longer bound to your order. If necessary services already provided will be refunded immediately in this case.
(4) Your requests for the creation of an offer are non-binding. We will make this a binding offer in writing (eg e-mail), which you can accept it within 5 days.
(5) The completion of the order and submission of all information required in connection with the contract shall be concluded by e-mail automated. They therefore have to ensure that you stored in your e-mail address is correct, the receipt of the e-mails is technically assured and especially not prevent SPAM filter.
§ 3 Retention, Retention of Title
(1) A lien can only exercise if it is receivable from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you an entrepreneur, the following also applies:
a) We reserve the title to the goods until full payment before all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will enter all claims in the amount of the invoice that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the debt. As far as you meet your payment obligations properly, we reserve the right, however, to collect the debt itself.
c) When connecting and mixing of the goods we acquire co-ownership of the new item in the ratio of the invoice value of the goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claim by more than 10%. The choice of the collateral to be released.
§ 4 Warranty
(1), the statutory warranty rights.
(2) If you are an entrepreneur, by way of derogation from paragraph 1:
a) As a condition of the goods shall only our own specifications and the manufacturer's product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
b) You are obliged to inspect the goods immediately and with due attention to the quality and quantity variances and obvious defects to us in writing within 7 days of receipt of the goods, the deadline, enough with the deadline. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects, we, at our option by repair or replacement. Fails to remedy the defect, you can request a price reduction or withdraw from the contract as per your choice. The rectification of errors is after an unsuccessful second attempt as failed if it does not appear from the nature of the item or the defect, or other circumstances. In case of repair we do not have to bear the increased costs incurred by the shipment of goods to a place other than the place of delivery, provided that the shipment does not match the intended use of the product.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damages resulting from injury to life, body or health and grossly negligent or intentional damage or malice, as well as recourse pursuant to §§ 478, 479 BGB.
§ 5 Liability
(1) We shall each unlimited liability for damage arising from injury to life, body or health. Next, we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect on the takeover of guarantee for the quality of the purchased item and in all other cases defined by law.
(2) The liability for defects within the statutory warranty is based on the corresponding rules in our customer information (Part II) and the Terms and Conditions (Part I).
(3) If essential contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations imposed by the contract us by its content for purpose of the contract, making the due and proper performance of the contract would not be possible and on the fulfillment you may rely.
(4) In case of breach of minor contractual obligations, liability is excluded for slight negligence.
(5) Data communication over the Internet can be guaranteed at the current state of the art is not accurate and / or available at all times. We adhere to the extent either for the continuous uninterrupted availability nor the Website and the Service offered there.
§ 6 Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
(2) performance for all aspects of the business as well as existing jurisdiction with us is our headquarters, to the extent they are not consumers but merchant, a legal entity under public law or public law special funds. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also to appeal to the court in another jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
Telephone: +49 (0) 761-7662549
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the conclusion of the contract itself and the possibilities of correction made in accordance with the provisions of § 2 of our Terms and Conditions (Part I).
3. contract language, the contract text storage
3.1. Contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system contract data can be printed using the print function of your browser or saved electronically. After receipt of the order from us the order data, the information required by law for distance contracts and the terms and conditions will again be sent by e-mail to you.
3.3. In Requests outside the online shopping cart system will give you all contract data sent as part of a binding offer by e-mail, which you can print or save electronically.
4. Codes of Conduct
4.1. We have subjected the buyer Seal Quality Criteria Dealers Association Management Ltd., which are available at the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
5. Key characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the item description and product information on our website.
6. Price and Payment Methods
6.1. References in the respective offer prices and shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They are accessed via an appropriately labeled button on our website or in the respective product description, are reported separately during the ordering process and are payable by you in addition, to the extent not and Free Shipping is promised.
6.3. The payment methods available to you are shown under an appropriately labeled button on our website or in each item description.
6.4. To the extent that the individual payment methods indicated otherwise, payment claims from the completed contract immediately due for payment.
7.1. The terms of delivery, delivery date and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in each item description.
7.2. If you are a consumer is regulated by law, that the risk of accidental loss and accidental deterioration of the goods during shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed businessman from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur, supply and shipment is at your risk.
8. Statutory warranty rights
8.1. The warranty for our goods is governed by the rules "Warranty" in our Terms and Conditions (Part I).
8.2. As a consumer, you will be asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper complaints as quickly as possible. Come fails to do so, this does not affect your statutory rights.
These terms and conditions and customer information have been created by the specialized IT law attorneys of the Händlerbund and are continuously checked for compliance with legislation. The Dealers Association Management Ltd guarantees the legal security of the texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
last update: 12/02/2014