Terms and Conditions (GTCB) Terms and Conditions 1. Scope 2. Conclusion of contract 3. Right of withdrawa 4. Prices and terms of payment 5. Delivery and shipping conditions 6. Retention of Title 7. Liability for defects 8. Liability 9. Applicable Law 10. Place of jurisdiction 11. Information on online dispute resolution B. Customer information 1. Information on the identity of the seller 2. Information on the main characteristics of the good or service 3. Information on the formation of the contract4. Payment and delivery information 5. Information about the technical steps that lead to the conclusion of the contract 6. Information on saving the text of the contract 7. Information about the technical means to recognize and correct input errors 8. Information about the languages available for the conclusion of the contract A. Terms and Conditions 1. Scope 1.1. These general terms and conditions of "MTC GMBH", hereinafter "Seller", apply to all contracts that a consumer or entrepreneur, hereinafter "Customer", concludes with the seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed. 1.2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. 1.3. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity. 2. Conclusion of contract 2.1. The product presentations contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. 2.2. The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. 2.3. The seller can accept the customer's offer within five days, - by sending the customer a written order confirmation or an order confirmation in text form, fax or e-mail, whereby the customer's receipt of the order confirmation is decisive, orr - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order. If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent. 2.4. When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form after sending his order, e.g. B. E-mail, fax or letter. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.n. 2.5. Before placing a binding order using the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. Before submitting a binding order, the customer can continuously correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions. 2.6. Only the German language is available for the conclusion of the contract. 2.7. Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered. 3. Right of withdrawal 3.1. Consumers generally have a right of withdrawal. 3.2. Further information on the right of cancellation can be found in the seller's cancellation policy. 3.3. The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.< 4. Prices and terms of payment 4.1. Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description. 4.2. In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions, e.g. Transfer fees, exchange rate fees or import duties or taxes e.g. Duties. Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.mmt. 4.3. Various payment options are available to the customer, which are specified in the seller's online shop. 4.4. If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise. 5. Delivery and shipping conditions 5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's purchase process is decisive. 5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply. 5.3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer. 5.4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be reimbursed immediately. 5.5. Pickup is not possible for logistical reasons. 6. Retention of Title 6.1. In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full. 6.2. In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been paid in full. 6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value including sales tax. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been made.t. 7. Liability for defects If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this applies 7.1. If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; In the case of new goods, the limitation period for defects is one year from the transfer of risk; In the case of used goods, the rights and claims due to defects are generally excluded the limitation period does not start again if a replacement delivery is made within the scope of liability for defects. 7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. 7.3. The limitations of liability and reduction of the limitation period regulated in the preceding paragraphs do not apply for things that have been used for a building in accordance with their normal use and have caused its defectiveness, for claims for damages and reimbursement of expenses by the customer, as well as in the event that the seller has fraudulently concealed the defect. 7.4. In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to 478 BGB remain unaffected. 7.5. If the customer acts as a merchant i.S.d. 1 HGB, he is subject to the commercial inspection and notification obligation according to 377 HGB. If the customer fails to comply with the notification obligations stipulated there, the goods are considered approved.t. 7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects. 8. Liability The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 8.1. The seller is unrestrictedly liable for any legal reason - in the event of willful intent or gross negligence, - in the event of negligent or willful injury to life, body or health, - based on a guarantee promise, unless otherwise regulated in this regard, - due to mandatory liability such as under the Product Liability Act. 8.2. If the seller negligently breaches an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with Section 8.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely. 8.3. Incidentally, a liability of the seller is excluded. 8.4. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives. 9. Applicable Law 9.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. 9.2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded. 10. Place of jurisdiction If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office. B. Customer information 1. Information on the identity of the seller MTC GmbH Managing director: Canan Hecht www.mtc-gmbh.shop Tel 49 871 975115200 Tel 49 89 9788056122 mobile / WhatsApp 49 151 167437211 HRB7317 - Landshut District Court UstID: DE171914298 Competent court: Landshut District Court HRB number: 7317 Bank details Account holder: Canan Hecht Credit institution: Raiffeisenbank Pfeffenhausen SWIFT: GENODEF1PF IBAN: DE7774366890200116602 Sales tax identification number according to 27 a sales tax law: DE 171 914 2988 2. Information on the main characteristics of the good or service The essential characteristics of the goods or services result from the respective product description set by the seller. 3. Information on the formation of the contract The conclusion of the contract takes place in accordance with section 2 of the general terms and conditions of the seller, see above.). 4. Payment and delivery information
Payment is made in accordance with section 4, delivery in accordance with section 5 of the general terms and conditions of the seller see above.). 5. Information about the technical steps that lead to the conclusion of the contract 5.1 The customer must go through the following technical steps to submit his offer via the seller's online order form: 5.1.1 Place the desired article in the virtual shopping cart 5.1.2 Entering the billing and delivery address 5.1.3 Selection of the desired payment method 5.1.4 Summary of the order data 5.1.5 Sending the order 5.2 Acceptance by the seller takes place in accordance with section 2.3 of the seller's general terms and conditions, see above.) 6. Information on saving the text of the contract The contract text is saved by the seller and sent to the customer after submitting his order along with the present terms and conditions and customer information in text form e.g. B. sent as a letter, fax, e-mail. However, the contract text can no longer be called up by the customer via the seller's website after submitting his order.n. 7. Information about the languages available for the conclusion of the contract Only the German language is available for the conclusion of the contract.