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Allgemeine Geschäftsbedingungen
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following Terms and Conditions, in the version valid at the time of the order, apply to contracts between Mabuti GmbH, Slevogtstr. 59, 09114 Chemnitz, Germany, represented by the managing directors Felix Hanspach and Andreas Preisler (hereinafter “Provider,” “we,” “us”), and a customer as defined in paragraph 2 (hereinafter “Customer,” “you”), concluded via the website www.murostar.com, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for purchase if you are a natural or legal person or a legally capable partnership who, at the time of concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity (entrepreneur). A contract with consumers is excluded.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods. The essential features of the goods can be found in the respective offer.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can access the "shopping cart" and make changes there at any time.
After accessing the "checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be directed to the order overview page in our online shop or first to the website of the instant payment system provider.
If redirected to the instant payment system provider, you will make the appropriate selection or input of your data there. You will then be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all information again, change it (also via the “back” function of the internet browser), or cancel the purchase. By submitting the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You can also submit a binding contractual offer (order) by telephone, e-mail, fax, or post.
(5) Upon request, we will prepare an individual offer for you, which will be sent to you by e-mail and to which we will be bound for 5 days from receipt of the offer. You accept the offer by confirming in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly in an automated manner. You must therefore ensure that the e-mail address you provide to us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Prices, Payment Terms and Shipping Costs
(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include statutory value-added tax.
(2) The applicable shipping costs are not included in the purchase price; they are charged separately, unless free shipping has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you must bear.
(4) Money transfer costs (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but the payment is initiated outside the European Union.
(5) You have the payment options listed under a correspondingly designated button on our website or in the respective offer. Unless otherwise stated for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. A discount is only permissible if expressly stated in the respective offer or on the invoice.
(6) If the customer is in default, we are entitled from this point in time to charge default interest at a rate of 9 percentage points above the respective base interest rate if it is a payment claim and a consumer is not involved in the legal transaction. Otherwise, this interest rate is 5 percentage points above the respective base interest rate. The date of payment is determined by the receipt of payment by Mabuti GmbH, Slevogtstr. 59, 09114 Chemnitz, Germany.
§ 4 Delivery Conditions
(1) The expected delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. For the payment method advance payment by bank transfer, the shipment of the goods will only take place after the full purchase price and shipping costs have been received by us.
(2) We are not liable for the impossibility of delivery or for delivery delays if these are caused by force majeure or other unforeseeable events at the time of conclusion of the contract (e.g., operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or failure to deliver, incorrect or late delivery by suppliers) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible and the hindrance is not only of temporary duration, we are entitled to withdraw from the contract. In the case of hindrances of temporary duration, the delivery or performance periods are extended or the delivery or performance dates are postponed by the period of the hindrance plus a reasonable start-up period. If a product ordered by the customer is unexpectedly not available despite timely conclusion of an adequate covering transaction for reasons for which we are not responsible, you will be informed immediately about the non-availability. If, as a result of the delay, acceptance of the delivery or service is unreasonable for the customer, in particular if it lasts longer than three months, the customer may withdraw from the contract by immediate written declaration (in written or text form) to the provider. In the event of withdrawal, any payments already made will be refunded immediately.
(3) The risk of accidental loss and accidental deterioration passes to the customer at the latest upon delivery of the delivery item (the start of the loading process being decisive) to the carrier, freight forwarder or other third party designated to carry out the shipment. This also applies if partial deliveries are made or we have taken over other services (e.g., shipping or installation). If shipment or handover is delayed due to a circumstance for which the customer is responsible, the risk passes to the customer from the day the delivery item is ready for shipment and we have notified the customer of this. If you wish, shipping will be carried out with appropriate transport insurance, the costs of which are to be borne by you.
(4) Partial deliveries are permitted and may be invoiced by us independently, provided that you are not charged additional shipping costs as a result.
§ 5 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period does not apply:
- for damages caused by us culpably resulting in injury to life, body or health, and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims which you have against us in connection with defect rights.
(3) The delivered items must be inspected carefully immediately after delivery to the customer or to the third party designated by him. With regard to obvious defects or other defects that would have been detectable by an immediate, careful examination, they shall be deemed approved by you if we do not receive a written notice of defect within seven working days after delivery. With regard to other defects, the delivered items shall be deemed approved by you if we do not receive the notice of defect within seven working days after the time when the defect became apparent; if the defect was already obvious at an earlier time during normal use, however, that earlier time is decisive for the start of the notification period. At our request, a rejected delivery item is to be returned to us carriage paid. In the event of a justified complaint, we will reimburse the costs of the most economical shipping method. Otherwise, we can demand reimbursement from you for the costs incurred as a result of the unjustified request for rectification of defects (in particular inspection and transport costs), unless the lack of defectiveness was not apparent to you. The customer's right to reimbursement of costs is excluded insofar as the costs increase because the delivery item is located at a place other than the place of intended use.
(4) In the event of defects, we shall, at our option, provide warranty by repair or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs resulting from the transport of the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
(5) If a defect is based on our fault, the customer may claim damages under the conditions specified in § 7 of these Terms and Conditions.
§ 6 Offsetting, Right of Retention, Retention of Title
(1) Offsetting with counterclaims of the customer or retention of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established or arise from the same order under which the delivery in question is made.
(2) We retain ownership of the goods until full payment of all claims arising from the ongoing business relationship. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
(3) In the event of conduct contrary to the contract by the customer, in particular in the event of default in payment, SWB is entitled to withdraw from the contract and demand the return of the goods subject to retention of title (realization case). The request for return also constitutes a declaration of withdrawal from the contract. We are entitled to realize the goods subject to retention of title; the proceeds from the realization shall be offset against the customer's liabilities – less reasonable realization costs.
(4) You may use the goods in the ordinary course of business or resell them under retention of title, provided that no prohibition of assignment has been agreed with your purchaser. In the event of resale, you hereby assign to us the resulting claims in the amount of the invoice value together with all priority rights and ancillary rights. We accept this assignment. The same applies to other claims that take the place of the goods subject to retention of title or otherwise arise in respect of the goods subject to retention of title, e.g., insurance claims or claims arising from tort. You remain authorized to collect the assigned claims even after the assignment. Our right to collect the assigned claim ourselves remains unaffected. We may revoke the collection authorization granted to you in the realization case. We may require you to disclose the details of the assigned claim, in particular the name and address of the debtor, provide all information necessary for collection, hand over the related documents and notify the debtors (third parties) of the assignment.
(5) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(6) We undertake to release the securities to which you 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 choice of the securities to be released is ours.
§ 7 Liability
(1) The customer's claims for damages and reimbursement of expenses, regardless of the legal basis, in particular due to the breach of obligations arising from the contractual relationship and from tort, are excluded. This does not apply to liability for intent, gross negligence, injury to life, body or health, or under the provisions of the Product Liability Act (ProdHaftG). In the event of slight negligence in the breach of a duty that is essential for achieving the purpose of the contract (cardinal duty), SWB's liability is limited to the damage that is foreseeable and typical for the type of business in question. The above provisions do not entail a change in the burden of proof to the detriment of the customer.
(2) Insofar as liability is excluded or limited, this also applies to the personal liability of bodies, executive employees, employees, staff, representatives, and vicarious agents of SWB.
§ 8 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. In place of the invalid provisions, the statutory provisions shall apply, if available. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.
II. Customer Information
1. Identity of the Seller
Mabuti GmbH
Slevogtstr. 59
09114 Chemnitz
Germany
Phone: 037135572494
E-mail: info@murostar.com
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order or the inquiry, the contract data can be printed out or electronically saved using the browser's print function.
These General Terms and Conditions have been created by lawyers specialized in IT law from Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
Last updated: 16.06.2020