Standard Business Terms | Customer information
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (MHZ e.K.) via the website www.mhz-powerboats.com as well as mhz-watercraft.com or via other means of distance communication. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract for goods
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a purchase contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for sale are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After opening the
"Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page. Insofar as you use an instant payment system
( PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay..), you will either be directed to the order overview page in our online shop or you will first be directed to the provider's website
immediate payment system forwarded. If the forwarding to the respective instant payment system takes place, you make the appropriate selection or input of your data there. Finally, you will be
redirected back to our online shop on the order overview page.Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of
the Internet browser) or cancel the purchase. By submitting the order button "order with payment" you declare legally binding the acceptance of the offer, whereby the contract takes place.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the
e-mail address you provide us is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Conclusion of the contract for services
(1) The subject of the contract is the provision of services (construction service). (2) Our offers on the Internet are not binding and no binding offer to conclude a contract. (3) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer on our website (callable after login) or outside of our website in text form (for example by e-mail),
which you can accept within 5 days. If we submit the binding offer to you via our website, you will also be informed by e-mail. (4) If we submit you the binding offer via our website, you can accept the offer as follows: The services intended for the booking are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the page "Cashier" and entering the personal data as well as the terms of payment, finally all order data will be displayed on the order summary page.Insofar as you use an instant payment
system (PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay..), you will either be directed to the order overview page in our online shop or you will first be directed to the provider's
website immediate payment system forwarded. If the forwarding to the respective instant payment system takes place, you make the appropriate selection or input of your data there. Finally, you will be
redirected back to our online shop on the order overview page. Before submitting the order, you have the opportunity to review all information here again, to change
(also via the function "back" of the Internet browser) or cancel the order. By submitting the order via the button "order with payment" you declare legally binding the acceptance of the offer, whereby the
contract takes place. (5) If we submit the binding offer to you outside our website in text form (for example by e-mail), you can accept the offer form-free. (6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the
e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 4 Individually designed goods
(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims of third parties asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy and assume no liability for errors.
§ 5 Provision of services
(1) As far as services are subject matter of the contract, we owe the individual services resulting from the service description in the respective offer. These are provided to the best of our knowledge and belief in person or by third parties.
(2) You are obliged to cooperate insofar as we have to provide further information for the provision of the service.
(3) Insofar as no other period is specified in the respective offer, the provision of services takes place within 3-7 days after the conclusion of the contract (with agreed advance payment after the time of your payment instruction).
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additions apply:
a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(3) Insofar as you are an entrepreneur, contrary to the above warranty regulations:
a) As a condition of the thing are only our own information and the product description of the manufacturer as agreed, but not other advertising, public suggestions and expressions of the manufacturer.
b) In the case of defects, we provide warranty at our discretion through repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the time limit does not apply: - culpably caused damages due to injury to life, limb or health and for intentional or grossly negligent other damages; - as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing; - in the case of items which have been used for a structure in accordance with their normal use and have caused its defectiveness; - in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct http://www.ecommercetrustmark.eu/the-code-of-conduct/.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the offer as well as shippment costs are total prices.. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs are not included to the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be covered by you, insofar as free delivery is not confirmed.
6.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6.5 Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are an entrepreneur , the delivery and shipping operations take place at your own risk.
8. Legal Right of Liability
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I). These GTC and customer information were created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For more information, see: http://www.haendlerbund.de/agb-service.
last update: 11.01.2019