General Terms and Conditions
of the MTN GmbH
As of: 10/2015. These GTC lose validity with the appearance
of new GTC and will be replaced by these.
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop www .mtn-shop.de (the „Internet Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
(5) Setting up a merchant account is permitted only with our permission and runs entirely on us upon presentation of proof of dealer property (business license or similar). We are free to reject applications to create a merchant account or to delete an existing merchant account. The access you get to test one of us. Only in case the dealer's own account be confirmed Conditions shall apply exclusively to dealers Conditions.
2. Conclusion of Contract
(1) Our offerings published in the Internet Shop are non-binding.
(2) By placing an order in the Internet Shop (which requires the acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process.
3. Prices and Payment
(1) Our prices are subject to change and include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form) or shall be paid cash on delivery, in each case upon receipt of an invoice (which may be sent by e-mail and included in our notice of acceptance). Upon the Customer’s request, to be made in the order form, we will deliver the product against payment in our store in Lilienstraße 16A – 30167 Hannover.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 7 business days upon receipt of the product and the invoice. Subsequent orders will be delivered only at the expense, unless the customer identifies no balance.
(4) Cost apportionment upon the exercise of withdrawal rights for consumers: You have to bear the normal costs of return if the delivered goods ordered and if the price of the returned goods exceeds the amount of EUR 40.00, or if you are at a higher price the thing at the time of the revocation yet the consideration or a contractually agreed partial payment provided you.
(5) Applies to business customers: The business customer has to bear the costs of returning, as far as we otherwise specifically indicated. He has also reimburse the costs or fees, we are asked to return delivery of the carrier charge. The customer shall also bear the cost of booked return debits in the amount of a fee of EUR 20.00. The customer has the right to prove lower costs.
(6) If the customer defaults on payment, we will initiate the legal proceedings without further notice.
(7) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Dispatch of the Product
(1) We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within five business days for products specified as „in stock“ (subject to a prior sale permitted pursuant to subsection 2 below) and within three weeks for any other products. Any such time period relevant to determine the date of dispatch shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
(2) In the event that the product has, upon placement of the offer by the Customer, been identified in the Internet Shop as „in stock“ and advance payment has been agreed upon, we will keep sufficient quantity of the product in stock during a period of five business days following our acceptance of the order; unless payment is received by us within such period, we shall be free to otherwise sell the product. In such case, we shall dispatch the product during such period of five business days only as long as a sufficient quantity of the product is in stock. Otherwise, a period of three weeks as from the receipt of payment shall be deemed to be agreed upon for the dispatch of the product.
(3) In the event that our supplier fails to deliver in a timely manner any products which were identified on the offer page in the Internet Store (at the time of the order) as „out of stock“ or were sold out pursuant to subsection 2, the relevant date of dispatch pursuant to subsections 1 and 2 shall be extended until delivery is made by our supplier plus an additional period of two business days, but in no event by a period of more than three weeks. Any such extension shall be subject to the proviso that we have without undue delay ordered the relevant products from the supplier and that our supplier’s failure to timely supply the products is not a result of our fault or negligence.
(4) In the event that the product is no longer available, or cannot be timely delivered, for any of the reasons set out in subsection 3, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 8 of these General Terms and Conditions.
(5) Partial deliveries of Products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We only deliver to the following countries: Estland, Finnland, France, Italy, Latvia, Belarus, Poland, Romania, Sweden, Slovkia, Slowenia, Czechia, Hungary.
Delivery to other countries will only occur if we have expressly agreed.
(3) We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates.
(4) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(5) We shall insure the product against the usual risks of transportation at our cost and expense.
6. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell the products delivered by us which are under retention of title, except with our prior written consent. The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 20%. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us by written notice (ie. „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to (10)% of the aggregate purchase price (including VAT).
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
9. Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(3) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9.
10. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Hannover shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
11. Right of revocation for customers (cancellation policy)
If you are a EU customer, in addition to our Returns or Exchange Procedure, under the Consumer Contracts Regulations you might have have fourteen (14) working days (beginning the day after receipt of the goods) to cancel your order as follows:
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us
Berliner Allee 17-19
Phone: +49 511 215 78-26
Fax: +49 511 215 78-27
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.You will have to bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods when such loss in value is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling. You only need to pay for any diminished value of the goods when such loss in value is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.
Berliner Allee 17-19
Phone: +49 (0)511 215 78 26
Fax: +49 (0)511 215 78 27
VAT No.: DE 220 492 716
Court of jurisdiction: Hannover HRB 60222