General Terms and Conditions and Customer Information
I. General Terms
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a supplier (Multec GmbH) via the website
www.multec.de or in any other way. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted. These terms and conditions also apply to all future business relationships between you and us, even if they are not additionally agreed again. Agreements deviating from these GTC must be in writing to be effective. This also applies to the lifting of the writing requirement. (2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. § 2 Conclusion of the contract for goods
(1) The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract. Illustrations, drawings, size, measurement or weight specifications used are also non-binding.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data is then displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information here again, to change it (also via the "back" function of the internet browser) or to cancel the purchase. By submitting the order via the "Order with obligation to pay" button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract. (3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
The purchase price is due when the order is confirmed. If you have not received a corresponding message, you are no longer bound to your order.
Any services already provided will be reimbursed immediately in this case. (4) Your requests for the preparation of an offer are non-binding for you.
We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days, unless otherwise agreed. (5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Conclusion of the contract for download products / software
(1) The subject of the contract is the sale of download products (digital content that is not supplied on a physical data carrier).
As soon as the respective download product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description. (2) The contract is concluded via the online shopping cart system as follows: The download products intended for purchase are placed in the "shopping cart".
You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, all order data are then displayed again on the order overview page. Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the Internet browser) or canceling the purchase. By sending the order via the button "Order with obligation to pay" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded. (3) Your inquiries about the preparation of an offer are non-binding for you.
We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days. (4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 License of use for download products
(1) The download products offered are protected by copyright.
You will receive a simple usage license for every download product purchased from us, unless otherwise stated in the respective offer. (2) The simple usage license includes permission to save and/or print out a copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies.
You are expressly prohibited from changing or editing a file or parts thereof and making it available to third parties in any way, privately or commercially. § 5 Right of Retention, Retention of Title, Assignment
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
You are only entitled to offset if your claim has been legally established, is undisputed or has been recognized by us. (2) The goods remain our property until the purchase price has been paid in full.
(3) We reserve the copyright to all illustrations and drawings used by us. The same applies to all further property rights to our products and their manufacturing processes.
(4) If claims against us have been assigned, you must inform us of this immediately.
(4) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full.
Pledging or assignment as security is not permitted before ownership of the reserved goods has passed. You are obliged to insure the reserved goods at your own expense against damage (fire and water) and against theft and to treat them with care. Necessary inspections are to be carried out at your expense. b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale or that you receive for other legal reasons (e.g. insurance payments, compensation for damages); we accept the assignment. You are also revocably authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
You are not entitled to assign this claim, not even for the purpose of collecting the claim by way of factoring, unless the factor undertakes to pay us the consideration up to the amount of all of our claims against you.
c) If the goods subject to retention of title are processed, combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
You keep the co-ownership acquired in this way for us free of charge. In the event of unauthorized access or seizure by third parties to our reserved goods or goods to which we have acquired joint ownership, you must inform us immediately and inform the third party of our ownership. d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%.
We are responsible for selecting the securities to be released. § 6 Warranty
(1) The statutory warranty rights apply.
We reserve the right to adapt the products, for example by making changes to the design, provided this corresponds to technical progress or is required due to official requirements. (2) If you are an entrepreneur, the following applies in deviation from paragraph 1:
a) Only our own information and the product description of the manufacturer are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods in text form (e.g. email); timely dispatch is sufficient to meet the deadline.
This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded. c) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery.
If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods. d) The warranty period is one year from delivery of the goods.
The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent, as well as to rights of recourse according to §§ 478, 479 BGB. § 7 Liability
(1 ) We are fully liable for damages resulting from culpable injury to life, limb or health, unless further liability arises from the law.
Furthermore, we are liable in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the purchased item and in all other cases regulated by law. The liability according to the ProdHG always remains unaffected. (2) Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract.
Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely. (4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
(6) data loss
The customer is responsible for backing up data stocks. Liability for the loss of data is excluded unless the loss was caused by intentional or grossly negligent action by Multec GmbH. Any claims for damages are limited to the effort required to restore the data with proper data backup.
(7) If you are an entrepreneur, the following also applies:
In each case in which we are obliged to pay damages - also from tortious claims - with the exception of the cases according to § 7 Para. 1 Clause 1, our liability for damages is limited to the foreseeable, typically occurring damage. This does not apply if the damage is due to an intentional or grossly negligent breach of duty for which we are responsible, whereby the fault is attributable to our representatives and vicarious agents and there is no injury to life, limb or health. Any further than the legal liability is excluded in any case.
(8) Disclaimer Administrator Access
Multec GmbH operates control computers from the point of view of the greatest possible care and availability. Multec GmbH is only liable for any damage that occurs if it or its vicarious agents can be accused of intent or gross negligence. In the event of slight negligence, Multec GmbH is only liable if it has violated a material contractual obligation (cardinal obligation). However, Multec GmbH expressly points out that third-party software installed by customers and other changes on the control computer, i.e. software and settings not provided by Multec, can lead to impaired performance and thus to print failures. These are expressly excluded from the warranty.
(9) Availability - remote maintenance
The customer acknowledges that Multec GmbH assumes no liability for the availability of external Internet services or lines that are not under the control of Multec GmbH and were not commissioned or created by Multec GmbH. In particular, Multec GmbH is not responsible for the failure or overloading of global communication networks.
(10) Claim and Exclusion Period
If a claim for damages, which relates to our liability for gross or slight negligence, is not asserted in court within three months - starting with the final rejection of the compensation payments by Multec GmbH - it will lapse.
§ 8 Remote maintenance and costs of travel and the service technician
Because all of our machines can be serviced remotely when connected to the internet, most maintenance tasks can be completed over the internet without the need for a service technician to visit the site. We therefore calculate the costs incurred for the service technician's journey. This does not apply if the error was not caused by a software defect that could have been remedied by remote maintenance or by installing a software update. Only in the event that remote maintenance is possible and you still want a service technician on site (eg because you do not want remote maintenance via the Internet) do you bear the corresponding additional costs. Upon request, we will prove to you that the error could have been corrected by remote maintenance/software update. You will be informed of the additional costs separately. You have the right to prove to us at any time that the maintenance work carried out could only be carried out by a service technician on site and not via remote maintenance. In this case, we waive the assertion of the additional costs incurred by the service technician on site.
§ 9 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
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II. Customer Information
1. Identity of Seller
Multec GmbH
commercial street 12
88636 Illmensee
Germany
Phone: 07558 - 9499990
E-mail: This email address is being protected from spam bots! To display JavaScript must be turned on!
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 and § 3 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1.
Contract language is German. 3.2.
We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email. 3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatsinstrumente.pdf and http: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1.
The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes. 6.2.
The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised. 6.3.
The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. Deductions are not permitted unless agreed with us in writing.
A payment is deemed to have been made when we can dispose of the payment amount, i.e. we have received it. In the case of check payments, these are deemed to have been accepted if the check has been cashed by us and the amount has been credited to our account.
In the event of default, the statutory provisions apply.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. With regard to the delivery dates we have specified, we reserve the right to extend them appropriately if the delay is due to the clarification of technical questions or questions about the exact design of the product or the delay is due to a delay on your part or to force majeure (including strikes). ) can be traced back to us or one of our suppliers. This does not apply if we have recognized the delivery date as binding. Binding delivery dates are deemed to have been met by us if the goods can be proven to have been dispatched by us no later than one day before the delivery date. A later dispatch is also sufficient if the goods arrive on the day of delivery.
7.2. We are only entitled to make partial deliveries and services if we have obtained your consent to do so.
7.3.
If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment. 7.4. If you are an entrepreneur, the following applies:
(a) In the event that we are in default (e.g. due to a fixed transaction (§ 286 Para. 2 No. 4 BGB or § 376 HGB)), our liability for damages is limited to the foreseeable, typically occurring damage. This does not apply if the delay is due to an intentional or grossly negligent breach of contract for which we are responsible, whereby the fault is attributable to our representatives and vicarious agents and there is no injury to life, limb or health. Any further than the legal liability is excluded in any case.
(b) The delivery takes place CIP according to the current Incoterms of the ICC for standard deliveries nationally to the agreed delivery address (national and community countries) or to the import seaport (third countries). We reserve the right to charge surcharges for express and special deliveries.
(c) The risk passes to you when the goods are handed over to the carrier. The same applies if the item is not sent because you wish it to be so. In this case, the risk of accidental loss passes to you upon notification of readiness for dispatch.
If we deliver the goods to you and assemble them there, the transfer of risk takes place on the day of acceptance in your company, unless otherwise agreed. If assembly is delayed for reasons for which you are responsible, the risk is transferred to you when the goods are made available.
8. Statutory liability for defects
8.1.
The liability for defects for our goods is based on the "Warranty" provision in our General Terms and Conditions (Part I). 8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
02.04.2019
