General Terms and Conditions of MW Schickart
The General Terms and Conditions of MW Schickart are pre-formulated contractual conditions which one contracting party (provider / MW Schickart) provides to the other contracting party (the customer) when concluding a contract.
Terms & Conditions – B2B Online Shop
(1) For the business relationship between the supplier and the customer only the following general terms and conditions apply in their valid at the time the order is placed. Differing conditions of the customer are not recognized. The unconditional execution of a sales contract in the knowledge of conflicting or differing terms of the customer shall not constitute consent of the provider to their validity.
(2) The product range of the offerer is exclusively for customers who are entrepreneurs. Being an entrepreneur is any natural or legal person or unincorporated organization that trades in their commercial or independent professional activity when concluding the contract.
§2 Conclusion of contract
((1) The list of products in the online shop does not represent a legally binding offer to conclude a contract. It is merely a virtual catalog with corresponding price. In addition, is indicated for each product the status of availability (eg "in stock").
(2) The customer can select individual items from the selection of the provider and gather in a virtual shopping cart. Click on the button "Show Cart", the customer can at any time access, modify and delete its contents. There are always shown the possible total cost.
(3) Only by clicking on "Order liable for payment" is made a binding offer to buy the goods in the basket. The customer decides to buy, he can make the order both without registration, as well as a personal customer account (§ 3). During the ordering process, the customer must at least specify a billing and shipping address, determine its payment and select a shipping method. Before sending the order, the customer has to change at any time be able to acquaint themselves with their entries, or delete them. In addition, the application may only be submitted and transmitted if the customer accepts these terms and conditions and has thus added to its application. The terms and conditions can be downloaded, stored and printed on each page of the online shop.
(4) The provider sends the customer after the order an acknowledgment of receipt by e-mail to which simultaneously represents the order confirmation.
§ 3 Customer account
(1) Each customer can - in particular for the simplification of future order transactions - set up a personal account. The registration of a customer in the online shop of the provider via an encrypted system. Access is via the input of the customer to be elected even user name and password.
(2) The customer always has the opportunity to "My Account" to retrieve the data stored by him under the button in their profile, add to, change, or delete.
§ 4 Prices and Payment
(1) Decisive prices are at the time of order intake offered. Prices are ex works or warehouse and do not include sales tax or shipping costs with a. Taxes and import duties paid by the customer.
(2) All prices, delivery and other additional costs are to be paid exclusively in euros.
(3) Unless otherwise agreed, the payment of the purchase price, the shipping and any additional costs is payable immediately upon conclusion of the contract.
(4) If the customer is in default of payment, the outstanding amounts from the due date of 8 percentage points pa to pay interest above the base rate.
(5) Offsetting with counterclaims of the customer or the withholding of payments due to such claims is only permissible insofar as the counterclaims are undisputed or legally binding.
§ 5 Delivery
(1) Delivery is ex works or warehouse at the expense and risk of the customer.
(2) The risk for the delivery item takes his extradition from the factory or warehouse from the supplier through to the customer.
(3) In the case of prepayment, delivery shall take place only following receipt of payment.
(4) The supplier will endeavor to ship the ordered goods from the date of their availability within 14 days. Should there be a delivery delay of more than four weeks, the customer has the right to rescind the contract.
§ 6 Warranty rights
(1) The goods must be inspected carefully immediately after delivery to the customer. It shall apply with respect to obvious defects or other defects which would have been recognized on an immediate, thorough investigation, as approved by the customer when the seller after delivery is not approaching a complaint within seven working days. For other defects, the delivered goods deemed to have approved by the customer, if the complaint is not the seller within seven working days after the date on which the defect was found, approaching. Complaints of any kind must be made in writing via e-mail or fax.
(2) The provider is liable for material defects and defects in accordance with the applicable statutory provisions, unless otherwise provided hereinafter. The warranty period is twelve months from delivery.
(3) One about the legal warranty rights, no guarantee exists only if and insofar as the supplier has issued a declaration.
§ 7 Liability for damages
(1) The liability for damages is excluded. This excludes claims for damages of the customer arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty of the provider or their legal representatives or agents based. Material contractual obligations are those whose performance to achieve the objective of the Treaty is necessary.
(2) In the breach of contractual obligations of the provider shall be liable only to the contract typical, foreseeable damage if this was simply caused through negligence, unless there are claims for damages of the customer arising from injury to life, limb or health.
(3) Will it temporarily impossible to provide a party on grounds that she was not responsible for itself (force majeure), the agreed services in whole or in part, the other party is not entitled to damages. Cases of force majeure are in particular for environmental disasters, war, civil war, terrorist attacks, nuclear accident or similar situation.
(4) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 8 Notes on data processing
(1) The provider collects under the contract, in particular in accordance with the registration. § 3, of the customer data. He noted in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without consent of the customer to the supplier inventory and customer usage data will only collect, process or use, to the extent necessary for the execution of contracts and for the use and accounting of Telemedia.
(2) Without the consent of the customer the provider is the customer not f main navigation data; use r purposes of advertising, market or opinion research.
(3) Reference is also made in terms of consent of the client and more information on data collection, processing and use in the privacy statement that is available on the website of the provider at any time by clicking on "Privacy" in printing and storable form.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany, excluding the UN Sales Convention, applies to this agreement.
(2) Fulfillment and jurisdiction for all disputes between the parties is the seat of the provider.
(3) Where a contract contains loopholes, are to fill the gaps by those legally valid provision as which the Parties have agreed on the economic objectives of the contract and the purpose of these terms and conditions, if they had known about the omission. The contract remains binding even if legal invalidity of individual, the remaining parts.
General terms of business of the MW-Schickart Bäckereimaschinenbau GmbH & Co. KG
§ 1 Application of regulation
(1) For purchase and work delivery contracts between the MW-Schickart Bäckereimaschinenbau GmbH & Co. KG (in the following briefly: MW Schickart) and in paragraph 2 customers called not within the scope of bills of sale about the on-line shop were closed exclusively the following general terms of business are valid in her version valid at the time of the order. General terms of business of the customer are not recognised. Also the unconditional implementation of a purchase or work delivery contract in knowledge of conflicting or divergent terms of business of the customer shows no approval of elegance kind MW to their validity.
(2) The product offer of MW Schickart is directed exclusively at customer whom enterprisers are. As an enterpriser is valid every natural or legal entity or having legal capacity personal society which acts by the end of the contract in exercise of her commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) A purchase or work delivery contract takes place by an order of the customer (order) and an acceptance by MW Schickart (confirmation of order).
(2) The order, as well as the confirmation of order must occur in writing, by e-mail or fax.
(3) The customer is bound seven working days to his order.
§ 3 Prices and payment terms
(1) The prices at the time of the order entrance with MW Schickart are decisive. The prices are valid ex works or camp and enclose no sales tax, packing charges or delivery expenses. The customer carries attacking taxes and import duties.
(2) The packaging is put by request of the customer by MW Schickart and is calculated to the cost price. A taking back of the packaging does not occur.
(3) Any delivery expenses are defeated by the arrangement in particular cases.
(4) All prices, delivery expenses and other add-on costs are to be paid exclusively in euro.
(5) The invoice amounts are to be performed within 10 days with 2% of discount payment or within 30 days without every deduction, provided that not something else is agreed in writing.
(6) If the customer is behind with a payment, the back amounts are to be paid interest from the day of the maturity 8 percent points p. a. about the base interest rate sentence.
(7) The compensation with counterclaims of the customer or the retention of payments because of such claims is only allowed, as far as the counterclaims are ascertained indisputable or legally.
§ 4 Delivery
(1) The delivery occurs ex works or camp at the expenses of and risk of the customer.
(2) The danger for the object of delivery goes with his delivery of the work or camp of MW Schickart on the customer.
(3) MW Schickart tries to dispatch the ordered goods within the period given in the confirmation of order. Should it come for a delivery delay of more than four weeks, the customer has the right to withdraw from the contract.
§ 5 Retention of title
(1) The delivered product remains up to the entire fulfilment of present and future payment duties of the customer in the property of MW Schickart (retention of title).
(2) The customer is entitled to resell the product standing under retention of title (reservation product) in the proper business dealings. About that going out orders, like Verpfändungen and security conveyance, are prohibited. The customer has to inform the MW immediately in writing, as far as possible accesses of third to the reservation product occur.
(3) The customer is entitled, the product standing under retention of title step the MW-Schickart Bäckereimaschinenbau GmbH & Co. KG with behaviour contrary to the terms of the agreement of the customer – in particular default – from the contract back, is entitled the MW to require the reservation product (utilisation case).
(4) In case of the wide disposal of the reservation product the customer resigns the demand originating out of this to MW Schickart which accepts the cession already now protection-half. The MW Schickart authorises the customer until revoked to draw the demands resigned to them in own name. She may revoke this direct-debit authorisation only in the utilisation case.
§ 6 Guarantee rights
(1) The product is immediately to be examined after delivery to the customer carefully. She is valid concerning evident defects or other defects which would have been recognizable with a prompt, careful investigation when from the customer approves if MW Schickart does not shut within seven working days after delivery a fault rebuke. Concerning other defects are valid the objects of delivery than from the customer approved if the fault rebuke MW Schickart does not shut within seven working days after the time at which the lack appeared. Fault Rügen of all kind must be asserted in writing, by e-mail or fax.
(2) MW Schickart sticks for material defect and legal faults according to the legal regulations applying for this, as far as in the following other is not determined. The guarantee term amounts twelve months from delivery.
(3) With used machines MW Schickart sticks for material defect and legal faults only, as far as possible a certain state of the product is agreed.
(4) A guarantee going out the legal guarantee rights exists only, as far as possible MW has issued a suitable declaration.
§ 7 Liability on compensation
(1) The liability on compensation is excluded. From this compensation claims of the customer from the injury of the life, the body, the health or from the injury of essential contract duties (cardinal's duties) as well as the liability for the other damages which are based on a deliberate or roughly careless duty injury of the MW-Schickart Bäckereimaschinenbau GmbH & Co. KG or her legal representatives or fulfilment assistant are excluded. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim of the contract.
(2) By the injury of essential contract duties the MW-Schickart Bäckereimaschinenbau GmbH & Co. KG sticks only on the predictable damage typical for contract if this was caused simply negligently, unless, it concerns compensation claims of the customer from an injury of the life, the body or the health.
(3) If it becomes to a party for reasons of which it does not have to represent itself (higher power) to produce temporarily impossibly, the agreed achievements all or part, the other party has no right to compensation. Cases of higher power are given in particular with environmental disasters, war, civil war, terrorist posters, nuclear accidents and similar situation.
(4) The regulations of the product liability law remain untouched.
§ 8 Final regulations
(1) Between the parties to a contract the right of the Federal Republic of Germany is valid to the exclusion of the UN-purchase right.
(2) Place of fulfilment and legal venue for all disputes between the parties to a contract is the seat of the MW Schickart Bäckereimaschinenbau GmbH & Co. KG.
(3) As far as a contract contains regulation gaps, are valid for the completion of the gaps that juridically effective regulation as agreed which would have agreed on the parties to a contract after the economic objectives of the contract and the purpose of these general terms of business if they had known the regulation gap. The contract remains obliging also with juridical ineffectiveness of single points in his remaining parts.