General terms and conditions
I Validity of the terms and conditions, exclusion of legal transactions with persons who are not entrepreneurs
- For all contracts for services and deliveries of
mbw Vertriebsges. mbH
Tarper Str. 2
Phone: +49 (0) 4606 94020
Telefax:+49 (0) 4606 940222
concluded via the online shop at the URL mbw.sh, the following terms and conditions shall apply exclusively.
- References to the inclusion of other general terms and conditions, business or purchasing conditions are expressly contradicted. This also applies if there are indications of such inclusions in commercial letters of confirmation.
- Our offers are addressed exclusively to entrepreneurs in the sense of § 14 BGB, i. e. natural or legal persons or partnerships with legal capacity, who act in the execution of their commercial or independent professional activity when concluding the legal transaction. A conclusion of a sales contract with consumers is excluded.
- To use our online shopping cart system on our website, registration as a customer is required. This is free of charge and does not lead to any obligations. For registration please contact us (contact details see section I. 1.1.). You can also use the integrated contact form on our website.
- Within the scope of registration, a non-transferable user account will be set up under a user name and password assigned by us. After you have contacted us for registration, you will receive this access data by e-mail. You have to change the password individually when you log in for the first time.
- With your registration you assure that you, as an entrepreneur within the meaning of the law, are 14 BGB (German Civil Code). You also undertake to treat the access data for the use of our website (login) confidentially and to ensure that they cannot be used by third parties.
- You can request the deletion of your transmitted data and the user account from us at any time.
III Conclusion of the contract, technical requirements, storage
- The contract is concluded exclusively in German.
- The presentation of the goods on our website does not constitute a binding offer by the supplier to conclude a purchase contract. You will only be asked to make an offer by placing an order. All presentations of goods are subject to change without notice and are only valid as long as stocks last.
- You can submit a binding purchase offer (order) by telephone, e-mail, fax, in writing or via the online shopping cart system. By submitting your order in the online shopping cart system by clicking on the button "order for a fee" you make a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart.
- We will confirm receipt of the order by e-mail immediately after receipt of the order. The confirmation of receipt does not include the acceptance of the offer. It is only used to inform the customer that the order has been received by the supplier.
- The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e. g. e-mail) in which the execution of the order or delivery of the goods is confirmed to you (confirmation of order). If you do not receive a message within this period, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.
- On request we will prepare an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
- The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide to us is accurate, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
- Your order will be saved in your user account. You can view your order and all previous orders if you have logged into your user account.
- When ordering individually designed goods (especially goods with individual advertising imprint), you are obliged to provide us with the information, texts and/or files necessary for the individual design of the goods. Our specifications for file formats must be observed.
- You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this connection. This also applies to the costs of legal defence.
- We do not check the transmitted data for correctness of content and do not assume any liability for errors.
- If agreed upon, you will receive a proof of correction from us, which you must check immediately. If you agree with the draft, you approve the proof by countersigning in text form (e. g. e-mail) for execution. The design work will not be carried out without your approval. You are responsible for checking the correction template for correctness and completeness and notifying us of any errors. We accept no liability for errors that have not been objected to.
- Insofar as we create texts, images, graphics and designs for you within the scope of individual design, these are subject to copyright. Without our express consent, the use, reproduction or alteration of individual parts or complete contents is not permitted.
- Unless otherwise agreed, we transfer to you an unlimited right of use for the copyrighted works created for you. You are expressly prohibited from making the protected works or parts of them available to third parties privately or commercially in any way. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
- The prices quoted in the respective offers as well as the shipping costs represent net prices. They do not include the statutory value added tax.
- Shipping costs are not included in the purchase price. The shipping costs for each delivery are shown on a subpage accessible in the order process and are listed and added together in the overview before the order is placed.
- In the case of orders that reach us from Monday to Friday until 10:00 a. m., you have the possibility to choose the option "Express shipping", which enables the delivery of the goods on the following working day - if stock availability is given. You will also be informed of the costs incurred for this via the subpage "Shipping costs".
- Unless otherwise stated in the online order process or in the respective offer, payment shall be made on account. The invoice amount is to be settled within 8 days. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
- Samples from the current collection will be refunded to your invoice amount minus 15% restocking costs. Articles from previous collections and discontinued collections are excluded from this rule.
VI Delivery periods, partial deliveries, obstacles to delivery
- The expected delivery period will be indicated in our offers. Delivery dates and delivery periods are only binding if confirmed by us in writing as binding. This also applies if you select the "Express delivery" option. We do not guarantee that the transport persons selected by us will comply with our obligations to deliver the ordered goods on the next working day or up to a certain time.
- We do not assume any procurement risk for ordered goods. We are therefore entitled to withdraw from the contract if, despite the previous conclusion of a corresponding purchase contract and despite demonstrable efforts to obtain the delivery item from the supplier, we are unable to obtain it.
- Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged with additional costs for shipping.
- If non-compliance with an agreed delivery period is due to force majeure, industrial action, fire, unforeseeable hindrances or other circumstances for which we are not responsible, the delivery period shall be extended for the duration of these circumstances. This shall also apply if we are in default of delivery in the event of the occurrence of the obstructive circumstance. If the impediment to performance lasts for more than one month, both you and we are entitled to withdraw from the contract. Any other rights to which you are entitled remain unaffected by this.
- We will inform you immediately of any impediment to performance and, in the event of withdrawal, refund any services already rendered without delay.
- Incorrect transmission of delivery data: Please understand that we must pass on any costs resulting from the customer's fault and not culpably caused by mbw® to you completely and, if necessary, subsequently. Sources of error here include the passing on of incorrect delivery addresses (recipient, address, postcode), returns by the transport or shipping company to mbw® due to exceeding the depot storage period, returns due to the recipient's refusal to accept the goods. The fees incurred in this case are charged per package and not per shipment.
- We are entitled to make partial deliveries, unless you cannot reasonably be expected to accept partial deliveries.
- The risk is transferred to you with the handover to the transport company. We shall be released from the obligation to perform upon handover to the transport company. This shall also apply if partial deliveries are made and/or we have assumed additional services, e. g. transport costs or delivery.
VIII Retention of title, extended retention of title
- The delivered goods remain our property until all claims against you arising from the business relationship have been fulfilled. This shall also apply if individual or all claims have been included in a current invoice and the balance has been drawn.
- In the event of the sale of the delivery item, you assign your claim from the resale to us against the customer with all ancillary rights as security. The assignment shall apply including any balance claims. The assignment shall, however, only apply in the amount corresponding to the price of the delivery item invoiced.
- If you combine the delivery item with real estate or movable property, you assign to us by way of security your claim, which you are entitled to as compensation for the combination, with all ancillary rights in the amount of the ratio of the value of the delivery item to the other associated goods at the time of the combination.
- You are obliged to notify us immediately of any access to execution of goods subject to retention of title as well as damage or destruction. The same shall apply to a change of ownership of the goods as well as to a change of storage location of the goods.
IX Warranty for material defects
- The warranty period is one year from delivery of the goods. The one-year warranty period does not apply to damages culpably caused to us from injury to life, body or health and damages caused by gross negligence or deliberate intent or malice, as well as to claims for recourse according to §§ 478,479 BGB (German Civil Code).
- Only our own information and the manufacturer's product description shall be deemed to have been agreed upon as the quality of the goods, but not other advertising, public praise and statements of the manufacturer. Insofar as we specify shipping units with certain quantities for products and more than one shipping unit is ordered, it may occur that the shipping units belong to different delivery batches purchased from us. There may be slight deviations between such delivery batches in colour and/or design details which are not considered as defects.
- You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods, timely dispatch is sufficient to comply with the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of breach of the obligation to examine and give notice of defects.
- In the case of defects, we shall at our discretion provide warranty by repair or replacement delivery. If the remedy of the defect fails, you can demand a reduction in price or withdraw from the contract. However, you are not entitled to withdraw from the contract in the case of a minor breach of contract, especially in the case of minor defects. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the item or defect or other circumstances, in particular, indicate otherwise. In the event of rectification of defects, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the shipment does not correspond to the intended use of the goods.
X Limitation of right of retention and set-off
- You can only exercise a right of retention if the claims are from the same contractual relationship.
- You may only set off claims which have been legally established or are undisputed by us.
XI Limitation of liability
- We shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. In all other respects, we shall only be liable in accordance with the Product Liability Act (Produkthaftungsgesetz), on account of injury to life, limb or health or on account of culpable violation of essential contractual obligations or in so far as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the delivery item. However, the claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfilment characterizes the contract and on which the customer may rely.
- Our liability for loss of earnings damages shall be excluded if the delay is due to the fact that the goods cannot be received by the supplier in time despite demonstrably timely ordering and despite demonstrable efforts to obtain the goods in time.
XII Applicable law, place of jurisdiction
- The laws of the Federal Republic of Germany shall apply.
- Place of jurisdiction for disputes arising from or in connection with the contractual relationship is Wanderup.