General Conditions of Supply and Delivery
This version may only be used as reference.
§ 1 Scope of Application
(1) The contractual relationships between Marcotec, and private consumers and professionals, which use Marcotec’s internet-offers (in the following “Customer”) are subject to the following Terms and Conditions (in the following “Ts&Cs”). The Ts&Cs apply to the use of the website www.marcotec-shop.de as well as all related sub-domains. The contractual relationship is subject to the Ts&Cs in force at the time of the contract’s completion.
(2) ‘Consumer’ means any individual who buys or agrees to buy products and/or services from Marcotec for purposes which are outside his trade, business or profession. ‘Professional’ means any individual or legal entity who buys or agrees to buy products and/or services from Marcotec in his commercial or professional capacity.
§ 2 Conclusion of the Contract
(1) The offers made by Marcotec via Internet are non-binding invitations to the Customer to order products from Marcotec.
(2) By placing an order to purchase a product from Marcotec-Shoppping.de the Customer makes a binding offer aiming at the conclusion of a contract.
(3) Marcotec is entitled to accept the Customer’s offer by issuing an order confirmation within 5 working day, or by issuing a confirmation that the product has been dispatched. The order confirmation is will be issued via e-mail. Any product not confirmed will not form part of the contract.
§ 3 Payment, Settlement Date, Delay of Payment
(1) Products ordered via the internet must be paid in advance, collect on delivery, Papal or via credit card. Payment upon delivery is only accepted when the product shall be delivered to an address in Germany. Marcotec has the right to accept or decline certain types of payment in certain individual cases.
(2) In the case of advanced payment the Customer is obliged to pay the full amount immediately following the contract’s conclusion. In the case of payment upon delivery the Customer is obliged to pay the full amount immediately upon receipt of the ordered goods. In the case of direct debit the collection takes place within one week following contract’s completion. In the case of credit card payment the card will be deducted once the goods/products have been shipped.
(3) During a period of delayed payment the Customer is liable for any negligence.
(4) Interest is payable on an outstanding amount for the full duration of the default period. The rate of default interest will be 5% per annum above the ECB basic interest rate. In the case of legal transactions to which a consumer is not a party the interest rate for claims for remuneration will be 8% above the basic interest rate.
(5) The right to claim additional loss is not excluded.
Only coupon code per order is allowed. A Giftcode should only be used for the product or manufacure named within the code. If the product or munafcturer is unclear the customer needs to contact AF Marcotec. We reserve the right to accept in an individual case or exclude certain coupon codes.
§ 4 Delivery
(1) The ordered product will be delivered to the address, specified in the Customer’s order.
(2) Delivery times are mentioned in the product discribtion.
(3) The Customer is liable to pay handling and shipping costs detailed in the Online-Store. If the delivery address is outside of Germany, Marcotec is entitled to calculate and additionally charge the costs for packing and shipping to the required destination according to the weight of the good. If the Customer requires a special form of delivery which exceeds the normal handling and shipping fees, the Customer will be required to pay the additional costs.
(4) If the Customer obtains the product for his commercial or professional activity he bears the risk of the product’s accidental loss or damage as soon as Marcotec has handed it to the forwarding agent, the freight carrier or any other individual or institution charged with delivery.
§ 5 Passing of Ownership
The ownership of the products passes to the Customer only when full payments have been made. Prior to the passing of ownership the Customer must not pledge the delivered goods, use it as security assignment, process or reshape it without the explicit consent of Marcotec.
§ 6 Price
The price, specified in the online-offer is the total product price, including VAT or other components. Shipping fees are not included in the stated price and will be charged in addition.
§ 7 Termination
(1) Marcotec has the right to terminate the contract at any time, including the case where part delivery has been made or is outstanding, if false information about the Customer’s financial capacity has been supplied or apparent reasons for the Customer’s financial incapacity have arisen (e.g. institution of insolvency or bankruptcy proceedings against the Customer’s assets or rejection of a respective application due to lack of funds ). The Customer has the right to provide an advance payment or a suitable security, to prevent termination.
(2) Notwithstanding any claims of damages, in the case of a part-delivery and termination from the contract at this stage those items and products which have been delivered to the Customer must be invoiced and paid in line with the contract.
§ 8 Statutory Rights
a) It is Marcotec’s responsibility to ensure that the product is free of faults at the moment of handing it over to the Customer. If a fault shows within six months after delivery, it will be presumed that the product had been faulty at the time of handing over, except if that supposition is not in accordance with the type of product or type of fault. If the fault becomes apparent after the expiration of six months, then the Customer must demonstrate and provide prove that the product was faulty at the time of delivery.
b) If the product is faulty, the Customer has the right to choose between the contract’s fulfilment by repair of the product or by the replacement of the product. Marcotec is entitled to refuse the chosen type of fulfilment if that is only achievable with unreasonable costs and the other type of fulfilment does not bring considerable disadvantages to the Customer.
c) If the contract’s fulfilment can not be achieved the Customer has the right, according to his choice, to reduce the payment of the price or withdraw from the contract and to claim damages. If the fault is minor the Customer has no right to withdraw from the contract.
d) The Customer’s statutory rights expire within two years. If a used product has been sold the statutory rights expire within one year.
a) If an order is part of a Customer’s trading business, then the Customer is obliged to check the delivered goods immediately regarding deviations from specified condition and amount. Marcotec must be notified by the Customer of visible defects or deviations within a one week. If notification is not made within one week then statutory rights will be excluded. Non-visible damage or defect in the supplied product must be reported in writing within one week from discovery. The punctual dispatch of the notification suffices to comply with the time limit.
In this case the Customer will have to prove all conditions for his claims under statutory rights, in particular the specific fault itself, the time of its discovery and the timeliness of the faults reporting.
b) In cases of a manufacturing fault or damaged product Marcotec will repair or replace the product according to Marcotec’s decision.
c) The Customer’s statutory rights expire after one year from receipt of goods.
(3) If Marcotec replaces the product it may require the Customer to return the faulty product or removed parts.
(4) Marcotec is not liable for defects due inappropriate or non-contractual handling by the Customer during setup, plug-in, use and storage.
§ 9 Limitation of Liability
(1) Marcotec is liable for claims arising out of death, injury to body, or health. In respect to other loss or damage, Marcotec accepts liability as far as they have been caused by wilful misconduct or gross negligence or by breach of an essential contractual duty by Marcotec or persons whom it employs to perform its obligation. A duty is essential if its fulfilment makes it possible to carry out the contract and if the Customer may usually trust in its fulfilment. Any further responsibilities for loss or damage are excluded. This condition does not affect any guarantees issued by Marcotec or rights under the Produkthaftungsgesetz (Product-safety-law).
(2) According to the current state of technique it can not be guaranteed that the transmission of data via internet will be error-free and/or possible at any time. Marcotec is therefore not responsible for the all-time availability of the on-line-shop.
§ 10 Governing law and jurisdiction
(1) All legal issues arising from this contract are subject to the laws of Germany. This does not apply to a Consumer if it would deprive him of relative protections granted by mandatory legal provisions under the laws of that state where he has his permanent residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(2) If the Customer is a tradesman, a legal entity or special asset under public law the contractual relationship is subject to exclusive jurisdiction of the courts responsible for the district where Marcotec has its seat registered. The same applies if the Customer has no place of general jurisdiction in Germany or if its place of residence or its whereabouts are unknown at the time of lodging the claim.
§ 11 Legal consequences of non-incorporation and invalidity
If any part of these Ts&Cs is deemed invalid, void, or for any reason unenforceable that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. The contract is invalid if one party would suffer unreasonable hardship if he were bound by the contract even after the amendment provided for above.