Terms and conditions
General terms and conditions of MTS Trading UG (limited responsibility) related to consumers
I. Scope, definitions of terms
1. For the business relationship between the company MTS Trading UG – „MTS Trading“ – and consumers – „client“ – the following General Terms And Conditions exclusively apply for orders in the online shop under the domain of www.mtsmagnete.de in its valid version at the moment of the order of the client.
2. You can access these General Terms And Conditions at any time at www.mtsmagnete.de/agb and print them with the help of your internet browser or save them in PDF format on your computer.
3. The online shop www.mtsmagnete.de is run by MTS Trading domiciled in 78166 Donaueschingen, registered in the register of companies of the local court of Freiburg, HRB 705697.
4. A consumer, in the context of these T&C, is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity (§ 13 BGB). In relation to other companies according to § 14 BGB, for which the acquisition means entering into a legal transaction for a purpose that can be attributed either to a commercial or independent activity, other T&C are valid which can be accessed at www.mtsmagnete.de/AGB-Unternehmen.
II. Conclusion of contract
1. Contracts via the online shop of MTS Trading UG at www.mtsmagnete.de are concluded as follows:
2. After your successful login you can choose products from the assortment of goods at www.mtsmagnete.de and place them in the so-called shopping cart by clicking the button "add to cart" and collect them there. In the shopping cart you can select the delivery quantity of the goods and add or delete products. By clicking the button "buy" the purchase of the products in the shopping cart is legally binding according to the conditions there listed. Before you send the order you can review, change and delete all the data. By clicking the dustbin icon behind the product in the shopping cart you can delete the positions from the cart.
3. The order can only be placed or forwarded if the client during the order transaction accepts the contractual terms by clicking on the button "buy" and thus includes those in the order. You can read, print or store (in PDF format) the General Terms and Conditions at any time through your local computer. You can also access these General Terms and Conditions at www.mtsmagnete.de/agb.
4. The presentation of the products in the online shop is not a legally binding offer but an online catalogue without commitment. By clicking on the button „Buy“ you place a legally binding order of the products contained in the shopping cart. Afterwards you will receive an automated e-mail with the acceptance of the order. With this confirmation by e-amil the contract of purchase is concluded.
III. Payment terms
1. All prices that are indicated on our website www.mtsmagnete.de contain a legal VAT of 19%. The price includes also all other price components except the additionally indicated shipping costs. The correspondent shipping costs will be indicated during the order transaction.
2. The client can pay the purchase price on account (under the preconditions of cipher 6.), in advance, with PayPal, credit card (Visa-, Mastercard, with 3D Secure procedure) or Amazon Payments. For new clients who want to pay on account the maximum order value is 100,00 EUR. This limit is valid for the total account and considers also outstanding payments from former orders.
3. If the client falls behind with payments he has to pay interests for default to the amount of 5% over the base rate of the European Central Bank.
4. The client can only count up or lessen the outstanding money with an undisputable or legally valid claim.
5. The client can execute a lien if the counterclaim is based on the same contractual relationship.
6. A payment on account is only possible if MTS Trading consents to it after having received the offer to buy. The delivery address, postal address and the billing address have to be in Germany. The amount invoiced is payable with the receipt of the bill in due consideration of the allowed time for payment. When selecting the payment method "on account", MTS Trading will check and evaluate the customer's data and, if there is a justified reason, consult credit agencies.
IV. Reservation of title
With regard to consumers, the seller retains the title to the delivered goods until full payment of the owed purchase price is received from the consumer.
V. Delivery, availability of goods
1. Provided that MTS Trading accepts the order of the client, the product delivery is carried out immediately upon receipt of the order (for purchase on account). For purchase against prepayment the product delivery is carried out upon the complete receipt of the money and MTS Trading does not reserve the ordered products until the receipt of payment. If the product is out of stock upon the receipt of the whole payment and has to be ordered again, MTS Trading will inform the customer about it.
2. MTS Trading reserves the right to withdraw from the contract in case of incorrect or improper delivery by MTS Trading's supplier. This applies only if non-delivery is not MTS Trading's fault and MTS Trading entered into a transaction with the supplier with reasonable care and prudence (binding, in time and sufficient order of the product). MTS Trading will undertake all reasonable efforts to obtain the products. In case of nonavailability or only partial availability of the products, the customer will be notified and reimbursed immediately.
3. If MTS Trading can not deliver due to unforeseen incidents concerning MTS Trading or its suppliers and MTS Trading could not anticipate them like e.g. wars, natural disasters and force majeure, the time of delivery is prolonged appropriately. MTS Trading will inform the client immediately about it. The legal claims of the client remain unaffected.
The warranty complies with statutory provisions. The assignment of these claims of the client is impossible. As far as thereinafter nothing changes, further claims of the client - for whatever legal ground - are excluded.
VII. Screen display
The photos that are used to describe the products are exemplary. They do not always represent the product in its dimension and quantity but serve the illustration. Depending on the screen especially colors and sizes could be represented differently. Important is the description of the particular product.
VIII. Liability; limitation of time
1. MTS Trading has unlimited liability on all legal grounds for damages of the customer as a result of deliberate conduct or gross negligence of MTS Trading, damage to persons and damages according to the Product Liability Act. That applies also to damages caused by assistants of MTS Trading.
2. Insofar as MTS Trading does not assume a guarantee, the liability for damage claims is limited as follows: MTS Trading is only liable for damages caused by slight negligence as far as these are based on the infringement of contractual duties (cardinal obligations). Cardinal obligations are contractual obligations whose acquital makes possible the correct execution of the contract and on whose compliance the contractual partner can rely. The liability of MTS Trading for slight negligence according to this regulation is limited to the typical foreseeable damage.
3. If MTS Trading violates negligently a contractual obligation the duty of replacement of damages to property is limited to typically ocurring damages.
4. The liability of MTS Trading for slightly negligent damages resulting from delays is limited to the typical foreseeable damage, however maximally to 5% of the total price agreed upon in the contract.
5. The regulations of the preceding passages are also valid for a limitation of the duty of replacement for futile expenditures (§ 284 German Civil Code).
6. The preceding liability limitations are also valid for the assistants of MTS Trading.
7. If the supplementary performance is carried out as replacement delivery the customer is obligated to return the product that was delivered first within 14 days to MTS Trading at the cost of MTS Trading. The reshipment of the defective product has to be carried out according to statutory provisions. MTS Trading reserves the rights to claim damage compensation according to legal regulation.
8. The statute of limitations is twenty-four months after delivery to the customer.
IX. Final clause
1. For all privity of contract the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods.
2. The contract remains binding, even in the points of singular legal invalidity.
Donaueschingen, the 07.08.2014
MTS Trading UG (limited liability)