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Standard business conditions

Standard business conditions memotec
Standard business conditions memotec
The following general conditions include legal information concerning your rights based on the regulations for distance contracts and in the e-commerce.

memotec GmbH
Bauwaldstrasse 1
Germany-75031 Eppingen - Elsenz

Tel:  +49.7260.920440
Fax: +49.7260.920444

E-Mail: info(at)me-mo-tec.de
Website: www.me-mo-tec.de


 


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§ 1 Fundamental provisions (As of 22.12.2010)
 
The contract is accomplished with the in the imprint mentioned supplier (hereinafter referred to as seller).

The following contractual conditions apply to all contracts concluded between the seller and the particular purchaser and are explicitly acknowledged by placing the order. Consumers in terms of the following regulations are every natural person that concludes a legal transaction with an aim that is neither to a commercial nor a self-employed occupational activity.

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§ 2 Conclusion of the contract
 
The ranges of goods of the seller in the internet are not a binding offer for the conclusion of a contract, but an invitation to submit an order (offer to buy from the seller). You can place your offer to buy via telephone, in writing, by fax, per e-mail or via the integrated ordering system in the online shop of the seller.

When buying via the online shop system please note:
The goods considered to buy are filed in the “shopping basket“. Via the corresponding button in the navigation bar the client can open the “shopping basket“ and can make changes there at any time. After having called the order form the entering of the personal data and of the terms of payment and delivery follow. Before submitting the order the client has the possibility to check all the data and to change them (also via the function “Back” in the internet browser) or to cancel the purchase.

By transmitting the order via the corresponding button the client places a binding offer to the seller. The client first receives an automatically e-mail confirming the receipt of his order which does not lead to the conclusion of the contract.

The acceptance of your offer (and therefore the conclusion of the contract) takes place in any case by a confirmation in text form, in which the processing of the order or the delivery of the goods are confirmed or by sending the goods.

Should you not receive an order confirmation or a message concerning the delivery or you have not received the goods within 7 working days you are no longer committed to the order. Possibly already adduced services will be refunded immediately.

The contract language is exclusively German. The treaty text (ordering data and terms and conditions) is saved by the seller. The storage is temporary and respectively not accessible for you, so please make sure that you make a printout or a separate saving.

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§ 3 Prices, shipping costs
 
The prices stated in the respective offers are final prices. They include all price components including all taxes.

Only with cross-border deliveries in individual cases further taxes (e.g. in case of an intra-community acquisition) and/or duties might have to be paid by you, yet not to the seller but directly to the customs or the tax authority.

The accruing shipping costs are not included in the purchase price. The shipping costs can be seen on the side "Conditions of payment and shipping terms" and are shown separately during the order process and have to be carried additionally by you.

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§ 4 Conditions of payment and shipping terms

The conditions of payment and shipping terms can be found under the button with the same name in the navigation. As a consumer we ask you to immediately check the delivery for completeness, obvious defects and damages in transit and to inform the seller and the carrier as soon as possible about these complaints. Your guarantee claims stay unaffected hereof.

If you are a consumer the risk of accidental loss or accidental deterioration of the sold item during the shipment passes to you as soon as you have received the item, regardless of whether the shipment is insured or uninsured.

If you are not a consumer the delivery and the shipment takes place at your own risk.

It is agreed, that in case of cancellation of the right of withdrawal of the consumer the consumer has to carry the return expenses according to § 357 paragraph 2 BGB if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return of any partial payment as agreed upon by contract at the time of revocation.

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§ 5 Warranty
 
1. The statutory provisions apply.

2. For used goods the warranty period (in derogation from the statutory regulations) shall be one year from delivery of the goods.

The one year warranty period shall not apply for damages culpably caused by the consumer from which damages arise from injury to life, body or health and grossly negligent or intentionally caused damages or wrongful intent by the seller, as for recourse according to §§ 478, 479 BGB.

3. If you are not a consumer, by derogation from clause 1:

a) As far as the nature of the goods is concerned only the sellers own information and the manufacturer’s product description is deemed agreed, but not other advertising, public promotion or statements made by the producer.

b) You are required to check the goods immediately and with all due diligence for variation in quality, quantity deviation and to notify us in writing about obvious defects within a period of 7 days after reception of the goods. The punctual dispatch suffices to comply with the time limit. This also applies for hidden defects discovered later after detection.

In the case of a violation of the duty of examination and reproof the assertion of the warranty claim is excluded.

c) In case of defects the seller has the choice of satisfying the guarantee by reworking or replacing the goods. If the correction of faults fails at least two times the customer has the choice of reduction or withdraw from the contract.

In case of rework the seller must not carry the higher costs that arise from the shipment of the goods to another place than the place of performance, as long as the shipment does not correspond to the intended use of the goods.

d)The warranty period is one year from delivery of the goods. Item 2 sentence 2 shall apply.

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§ 6 Reservation of title
 
1. All goods remain the property of the seller until they are completely paid for.

2.  If you are not a consumer, additionally the following applies:

a) The seller reserves the title to the supplied goods until the complete settlement of all claims from the ongoing business relation. The customer is not entitled to pledge or assign as security before the passing of ownership of the goods is done.

b) The customer is entitled to resell the goods in the course of proper and orderly business. In this case you shall assign to us an amount equally to the final invoice that he has from the resale to the seller that receives transfer.

You are authorized for the collection of the demands. Should you not honour your payment obligation then we reserve the right to collect the demands ourselves.

c) If our products are mixed with other products the seller acquires co-ownership on the new item at a ratio of the invoice of the reserved goods to the other processed goods at the time the processing took place.

d)Upon the buyer’s request the seller shall undertake to release the securities he is entitled to immediately as soon as the realisable value of the securities exceeds the amounts payable to the seller by more than 10%. The choice of the securities to be released shall be the sellers.

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§ 7 Limitation of liability
 
(1) The supplier is liable for damages arising from injury to life, body or health, if he fraudulently conceals a defect or a guarantee was given for the quality of the goods, in cases of intent and gross negligence, damages under the Product Liability Act or if legally required.

(2) If essential contract obligations are affected, or whose violation endangers the reaching of the purpose of the contract, the liability of the seller is limited on foreseen damages typical for the contract in cases of slight negligence.

(3) By any breach of minor contractual duties the liability shall be excluded in cases of slightly negligently breach of duty.

(4) The data communication via internet at present state of technology can not be guaranteed without mistakes and/or is not always available. Therefore the provider is not liable for the constant or continuous availability of the website and for the services offered on the website.
 

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§ 8 Place of fulfilment and jurisdiction
 
German law applies, to the exclusion of the UN purchasing law. For customers this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in.

Place of performance for all services from the existing business relations with the seller as well as the place of jurisdiction is the registered set of the seller, insofar as you are not a consumer but a businessman, juristic person or public special estate.

The same applies if the consumer does not have a general jurisdiction in Germany or the EU or if his place of residence or usual abode is unknown at the time of commencement of an action. The authority to also invoke the court of another legal jurisdiction remains unaffected hereof.

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§ 9 Hints to battery disposal

In connection with the distribution of batteries with the delivery of goods that include batteries, the seller is committed to inform the buyer of the following:

As end user you are legally bound to return the used batteries. You can send back used batteries, which the seller has as new batteries in his product line, free of charge to the dispatch station (address for dispatch) of the seller. The symbols on the batteries have the following meaning:

The crossed out waste bin means that the batteries may not be put into the household waste. Close to the waste bin symbol there is the chemical name of the harmful substance.


"Cd“ says that the battery contains more than 0.002% by mass cadmium.

"Pb“ says that the battery contains more than 0.004% by mass lead.

"Hg“says that the battery contains more than 0.0005% by mass mercury.

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As of december 2010
memotec GmbH | Bauwaldstrasse 1 | D-75031 Eppingen | +49.7260.920440 | info@me-mo-tec.de | www.me-mo-tec.de