General terms and conditions for distance selling contracts
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as GTC) shall apply to all contracts concluded between us,
Auf der Lage 19
Managing Director: Hans-Christian Marquart
Entry in the commercial register.
Register court:Local court Oldenburg
Registration number: HRB200252
and you as our customer. The general terms and conditions apply regardless of whether you are a consumer, entrepreneur or trader.
(2) All agreements made between you and us in connection with the purchase contract shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of our articles does not constitute a binding offer to conclude a sales contract, but an invitation to you to order the products described.
(2) By sending an order to our e-mail address email@example.com, by fax to our order/fax number or by telephone to our order hotline, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order. The date of receipt of the order by us or the date of acceptance of the order by telephone by us is decisive. Your right to revoke your order, if applicable according to § 3, remains unaffected by this.
(3) We will confirm receipt of your order placed by e-mail, fax or telephone immediately in writing in text form. Such confirmation does not constitute a binding acceptance of the order, unless, in addition to confirming receipt, it also declares acceptance.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we shall refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately and will refund any consideration already received without delay.
§ 3 Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of revocation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation according to clause 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following shall apply to the right of revocation
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal you must send directly to us Marquart GmbH, Auf der Lage 19, 49624 Löningen. Phone: +49 5432 30606 Fax: +49 5432 30607. e-mail: firstname.lastname@example.org and inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. You may fill in and submit the model withdrawal form. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
– End of the cancellation policy –
(4) The right of withdrawal does not apply to distance contracts
(a) for the delivery of goods which have been produced according to customer specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date would be exceeded,
(b) for the delivery of audio or video recordings or of software if you have unsealed the delivered data carriers.
§ 4 Delivery conditions and reservation of advance payment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period within Germany is five (5) working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract. In the case of dispatch abroad, different delivery times are to be expected depending on the country of destination, whereby we shall endeavour to provide you with an approximate period of time upon receipt of your order confirmation. You can also inquire about this in advance by telephone.
(3) In the case of orders from customers with residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price together with shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.
§ 5 Prices and shipping costs
(1) All price quotations are gross prices including the statutory value-added tax and do not include any shipping costs incurred. For orders from other EU countries, we can waive the calculation of the German sales tax if you provide us with your valid sales tax ID. For orders from third countries (non-EU) the German sales tax is not applicable.
(2) The standard flat-rate shipping charge per order is 11.80 EUR for a package up to a maximum of 30 KG within Germany.
If you require express delivery or other special delivery, for example to the German islands or to remote areas, a surcharge will be levied, which we will inform you of in writing or by telephone before you submit your order.
(3) The shipping costs for deliveries abroad are different. Please ask our order service team for these by calling +49 5432 30606.
(4) If we fulfil your order by partial deliveries in accordance with § 4 paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(5) If you effectively revoke your contractual declaration in accordance with § 3, you can demand the reimbursement of costs already paid for the shipment to you (shipping costs) under the legal requirements (see § 3 para. 3 for other consequences of revocation).
(6) For the purpose of delivering ordered goods, we work together with logistics service providers/transport companies: The following data may be passed on to them for the purpose of delivery of the ordered goods or – insofar as this is necessary – for their announcement: First name, last name, postal address, e-mail address, telephone number (e.g. for shipping announcements). The legal basis for the processing of the data is Article 6(1)(b) DSGVO.
§ 6 Terms of payment and offsetting
(1) The purchase price and the shipping costs are to be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You may choose to transfer the purchase price and the shipping costs to our specified account or pay via Paypal. We reserve the right to make certain payment methods dependent on a credit check or a maximum order quantity.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you make complaints or counterclaims from the same purchase contract.
(4) As a buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Reservation of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
We are liable for material defects or defects of title of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for legal claims for defects is two years for consumers and begins with the delivery of the goods.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenditure.
(2) In other cases we shall be liable – unless otherwise provided for in paragraph 3 – only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We have copyright on all pictures, films and texts published by us. Any use of the pictures, films and texts is not permitted without our express consent.
§ 11 Data protection notice
We collect, process and use your personal data, in particular your contact data for processing your order, including your e-mail address, if you provide us with it. To check your creditworthiness, we can use information (e.g. a so-called score value) from external service providers to help us make a decision and make the payment method dependent on this. This information also includes information about your address. This is done for the purpose of processing the contract, Art 6 para. 1b) DSGVO. For details, please refer to our data protection declaration https://www.marquartshockabsorbers.com/marquart-gmbh-agbs/).
§ 12 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of your order, the exclusive place of jurisdiction is the registered office of Marquart GmbH. In all other respects the applicable statutory provisions shall apply to local and international jurisdiction.