General Terms and Conditions

General Terms & Conditions (Online GTC)

for Sales of the “mrashop.de” Online Shop of MRA-Klement GmbH

 

 

1.           Field of Application, Contract Language

 

1.1        These General Terms & Conditions (Online GTC) shall apply to all orders placed by consumers and entrepreneurs via the online shop of MRA-Klement GmbH, Siemensstr. 6, 79331 Teningen.

 

1.2        These shall be deemed to be consumers, unless the purpose of the deliveries and services can be mainly attributed to their trade, business or profession. Entrepreneurs, by contrast, shall mean any natural or legal person or partnership with legal personality who or which, when entering into a contract, acts in exercise of his, her or its trade, business or profession.

 

1.3        We do not acknowledge any conflicting or differing General Terms & Conditions of entrepreneurs. These shall become constituent parts of the contract only if we expressly agree.

 

1.4        The language available for entering into a contract shall be German.

 

2.           Contract Conclusion

 

2.1        The presentation of the goods in our online shop shall not be a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

 

2.2        You shall submit a binding offer to purchase the goods in the cart by clicking on the “Place order with liability to pay” button in the last step of the ordering process. Immediately after the purchase order has been sent, you shall receive an automatic ordering confirmation which shall not yet mean, however, that your contract offer has been accepted. Where advance payment is selected, we shall send a separate e-mail (order confirmation) with our bank details. The order confirmation shall be the acceptance of your offer. Please also check the SPAM folder of your e-mail inbox at regular intervals in this respect. Other than that, the contract shall be concluded once we ship the goods.

 

2.3        You may select goods for purchase in our online shop by clicking on the corresponding button to add them to a cart. To finalise the ordering process, you shall access the cart where you will be guided through the further order process. You may correct your entries or refrain from your contract declaration up to this moment. A binding offer in terms of cl. 2.2 shall be submitted only if you subsequently click on the “Place order with liability to pay” button.

 

3.           Retention of the Contract Text

 

3.1        The contract provisions with information on the ordered goods including these General Terms & Conditions and the Instructions on Withdrawal shall be sent to you by e-mail upon acceptance of the contract offer or its notification. The contract provisions will not be retained by us. Nonetheless, you may access and retrieve these Online GTC on our website at any time.

 

3.2        We shall comply with the statutory provisions in all data processing operations (e.g. collection, processing and transfer). Any data concerning you that is necessary to transact the business shall be retained and shared with service providers engaged by us to the extent required to handle the purchase order.

 

4.           Right of Withdrawal

 

4.1        If you are consumer (hence a natural person who places the order for any purpose that cannot be mainly attributed to your trade, business or profession, cf. cl. 1.2), you shall be entitled to a right of withdrawal in accordance with the statutory provisions.

 

Instructions on Withdrawal

Right of Withdrawal

You shall have the right to withdraw from the contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days, commencing on the day on which you or any third party, who has been designated by you and is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (MRA-Klement GmbH, tel.: +49 7663 9389 0; fax: +49 7663 9389 11, e-mail: info@mra.de) about your decision to withdraw from the contract by clear statement (e.g. letter sent by mail, telefax or e-mail). You may use the enclosed Model Withdrawal Form to that end which, however, shall not be mandatory.

The withdrawal period shall be deemed met where you send off the notice of exercise of the right of withdrawal before the withdrawal period expires.   Consequences of Withdrawal   If you withdraw from the contract, we have to pay back to you without delay, but no later than within fourteen days from the day on which we have received the notice of your withdrawal from the contract, all payments you effected to us, including delivery costs (except for any additional costs arising from you having opted for any type of delivery other than the least expensive type of standard delivery offered by us). Unless otherwise agreed with you, we shall make this repayment by the same means of payment you have used for the original transaction, but shall not put any fees to your account due to such repayment in any case. We may refuse repayment on the earlier of the date on which the goods have been returned to us or you have furnished proof that you sent back the goods.   You have to send the goods back or hand them over to us without delay and in any case no later than within fourteen days from the day on which you have given us notice of your withdrawal from the contract. This deadline shall be deemed met where you send off the goods before the fourteen days’ deadline expires.   We shall bear the costs of sending back the goods.   You must defray any diminished value of the goods only if such diminished value results from the handling of the goods by you in any other manner than that necessary to establish the nature, characteristics, and functioning of the goods.   – End of the Instructions on Withdrawal –

 

4.2        Unless otherwise agreed by the parties, the right of withdrawal shall not exist for contracts on the delivery of any ready-made goods that can be manufactured only subject to an individual selection or stipulation by the consumer or have clearly been tailored to the consumer’s personal needs.

 

5.           Model Withdrawal Form

 

If you want to withdraw from the contract in accordance with cl. 4 of these Online GTC, you may fill in and send this form back to us. It shall not be mandatory, however, to use the form.

 

 

 

6.           Delivery Terms, Availability of Goods

 

6.1        We shall deliver the goods in line with the agreements made with you. Unless otherwise agreed, the ordered goods shall be delivered to the delivery address specified by you. You shall basically have the option of collecting the goods at MRA-Klement GmbH, Siemensstr. 6, 79331 Teningen, Germany, during the following business hours: Mo.-Thu.: 9 AM - 4 PM / Fr.: 9 AM - 12 PM.

 

6.2        Where no or no differing delivery time for the respective goods has been specified in our online shop, it shall be approx. 2 to 7 workdays, commencing upon placement of the purchase order. Where advance payment has been agreed, the timing of the payment order shall prevail. We shall not give any separate notice on any sporadically longer delivery times. Items tagged with a red dot (= items available soon) shall have no set delivery time at the time of ordering. The delivery time may be enquired by calling 07663 93890 or e-mailing to info@mra.de.

 

6.3        The stock of inventory displayed in the online shop shall be a non-binding indication. Where no specimens of the product selected by you are available at the time you place your purchase order, the traffic light principle (red dot meaning “item available soon”) shall be applied, with there not yet being any anticipated delivery time at that moment.

 

7.           Prices and Shipping Costs

 

7.1        All prices specified in our online shop shall include the respective valid statutory VAT.

 

7.2        The shipping costs incurred shall be displayed in the cart under “Shipping costs” and separately stated by us on the invoice. Where goods are shipped to any foreign non-EU country, additional taxes or costs, e.g. customs, may arise during the ordering process which shall not be transfer via or invoiced by us, but need to be paid directly by you to the customs or tax authorities in charge. You may obtain more detailed information from the respective authorities in charge.

 

7.3        The goods shall be shipped by postal shipping / DHL. If you are consumer, we shall bear the shipping risk.

 

7.4        Price changes shall be admissible if the period between contract conclusion and agreed delivery date is more than four months and we have adjusted prices in the meantime. In this case, we may adjust the purchase price accordingly. This shall apply, mutatis mutandis, to any change in the statutory VAT rate as well. If the purchase price is increased by more than 5%, you may revoke the contract by giving notice in text form within two weeks from receipt of the notification of the change in price. Where you are entrepreneur, the price adjustment rule above shall apply even if the period between contract conclusion and agreed delivery date or delivery is less than four months.

 

8.           Payment Arrangements

 

8.1        Depending on the ordering total, type of delivery and shipping destination, you may effect payment by advance payment, credit card, direct debit, cash on delivery, PayPal, PayPal Plus, giropay, paydirekt, Amazon Pay, Klarna (purchase on account or hire purchase). The payment types specifically available for the ordering process shall be specified at the beginning of the ordering process at the latest.

 

8.2        Payment of the purchase price shall be due immediately upon conclusion of the contract. Where you have selected collection of the goods, payment shall be due upon collection.

 

9.           Retention of Title

 

(1)         Title to the goods shall remain with us until they have been paid in full.

 

(2)         The following regulations shall apply complementarily towards entrepreneurs regarding the retention of title:

 

-      You shall be entitled to realienate the goods subject to retention of title in ordinary business transactions. In this case, however, you shall already assign to us now in the amount of the invoice value of our receivable all receivables from any such realienation, whether it is effected before or after any processing, where appropriate, of the goods delivered subject to retention of title. Notwithstanding our authority to collect the receivable ourselves, you shall remain authorised to collect the receivable after the assignment as well. We undertake in this context not to collect the receivable ourselves, as long as and as far as you meet your payment obligations, no application for institution of any insolvency or similar proceedings relating to your assets has been filed and no cessation of payment has occurred.

 

-      We retain title to the goods until all receivables from any ongoing business relationship have been settled in full.

 

-      If you act contrary to contract, especially if you are in default of payment, we shall be entitled to take back the goods subject to retention of title. Unless we have given express written notice, we shall not be deemed to revoke the contract by taking back goods. If we attach the goods, we shall be deemed to revoke the contract. After having taken back the goods subject to retention of title, we shall be authorised to realise them; the proceeds from such realisation needs to be credited against the payables, less reasonable realisation costs.

 

10.        Warranty

 

10.1    Unless otherwise provided hereinafter, we shall be liable for any material or legal defects in delivered items pursuant to the applicable statutory regulations, especially sect. 434 et seqq. BGB (German Civil Code).

 

10.2    Restriction of the right of liability for defects towards entrepreneurs for new and second-hand goods:

 

-      The limitation period for claims for defects towards entrepreneurs for newly produced things shall be one year from delivery. Second-hand goods shall be sold to the exclusion of any warranty. The statutory limitation regulations of sect. 445a BGB on recourse shall remain unaffected.

 

10.3    The restrictions and reductions in periods above shall not apply to any claims for damages

 

-      as a result of any injury to life, body or health,

 

-      for any fraudulently concealed defects,

 

-      for any given guarantee,

 

-      for any breach of duty by wilful intent or gross negligence,

 

-      for any breach of essential contract duties where these need to be fulfilled to enable proper execution of the contract in the first place, where achieving the purpose of the contract is jeopardised by any such breach and on compliance with which you, as customer, may regularly rely and

 

-      for any claims based on the German Product Liability Act.

 

11.        Limitation of Liability

 

11.1    We shall be liable within the scope of the statutory provisions only in accordance with this cl. 11.

 

11.2    We shall be liable for damage from any injury to life, body or health as well as for damage based on wilful intent or gross negligence of by our legal representatives or any persons used to perform an obligation of us as well as for damage caused by non-compliance with any guarantee given by us or on account of fraudulently concealed defects.

 

11.3    We shall be further liable for any negligent breach of duties where these need to be fulfilled to enable proper execution of the contract in the first place, where achieving the purpose of the contract is jeopardised by any such breach and on compliance with which you, as contract partner, may regularly rely. In the latter case, however, we shall be liable only for the foreseeable, contract-typical damage.

 

11.4    We shall not be liable for any slightly negligent breach of any duties other than those set out in the paragraphs above.

 

11.5    Any other damages claims shall be excluded. The regulations of the German Product Liability Act shall remain unaffected.

 

11.6    We may not warrant that data communication via the Internet is error-free and/or available at all times according to the current state of the art. We shall not be liable for the consistent and uninterrupted availability of our online trading system to this extent.

 

12.        Right of Return for Entrepreneurs

 

Where you are entrepreneur, hence a natural or legal person or partnership with legal personality who or which, when entering into a contract, acts in exercise of his, her or its trade, business or profession (cf. cl. 1.2), you may revoke the contract within twelve (12) months, provided that the purchased goods are still in their original packaging, clean and undamaged. In case that this contractual right to revoke is exercised, we shall retain 10% of the purchase price.

 

13.        Data Protection

 

13.1    We shall retain the data necessary to transact the business. The data collected from you shall exclusively be used and retained for handling and execution purposes to fulfil the contract, unless any processing of the data, especially of the personal data, above and beyond that is exceptionally permitted under statutory provisions, especially provisions of the German Federal Data Protection Act (BDSG) and the GDPR.

 

13.2    Please find details on data protection in our company on our website at the link https://mra.de/en/privacy.

 

14.        Final Provisions

 

14.1    The law of the Federal Republic of Germany shall apply. If you are consumer and have your habitual residence in any other country, the application of mandatory legal regulations of such country shall remain unaffected by the choice of law made in sentence 1.

 

14.2    The following shall apply complementarily for consumers (cf. cl. 1.2):

 

-      The European Commission provides an online dispute resolution (ODR) platform. Details on this can be found in Regulation (EU) No. 524/2013 and at the https://ec.europa.eu/consumers/odr web address.

 

-      We are not willing to participate in any dispute resolution proceeding at any consumer arbitration board to settle disputes with consumers.

 

14.3    The following shall apply complementarily for entrepreneurs (cf. cl. 1.2):

 

-      If you are entrepreneur, the law of the Federal Republic of Germany to the exclusion of the UN Sales Law shall apply.

 

-      Place of performance as well as place of exclusive jurisdiction for all disputes from or in connection with the contract shall be our registered office.

 

 

GTC as of November 2022