TOS
This is machine translated, the legally binding version is the German version.
General Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts which you conclude with us as a supplier (David Szymczak) via the mirosart.com website. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) 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
(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services.
(2) As soon as you place the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services 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 as well as the payment and shipping conditions, all order data are then displayed again on the order overview page displayed.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the immediate payment system.
If you are forwarded to the respective immediate payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop.
Before sending the order, you have the opportunity to check all the information again here, to change it (also using the “back” function of the Internet browser) or to make the purchase cancel.
By sending the order via the “order with obligation to pay” button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries about the creation 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.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. 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.
§ 3Customized Goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 4 Performance of assembly services(1) Insofar as assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties. (2) The service is provided on the agreed dates. (3) You are obliged to participate. In particular, at the time the assembly services are provided, you have the opportunity to enter the premises in an accessible and reasonably safe condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water if necessary. We are entitled to terminate the part of the contract for the provision of assembly services in accordance with § 643 BGB if you do not meet your obligations to cooperate. To do this, we will set you a reasonable period of time during which you can catch up on the necessary cooperation. (4) If you make use of your right of termination according to § 648 S. 1 BGB, we can as a flat-rate payment Demand 10% of the agreed remuneration if the execution has not yet begun. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs. § 5 Provision of services for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.
(3) You bear the cost of sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including delivery of the device for shipment, will take place within 5 – 7 days after receipt of the device to be repaired (however, if advance payment has been agreed only after the time of your payment instruction).
(5) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
§ 6 right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
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.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) As to the quality of the item, only our own information and the manufacturer’s product description apply as agreed, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by means of repair or subsequent delivery. If the remedy of the defect fails, you can either request 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 incurred by bringing the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
– culpably caused damage from injury to life, limb or health that is attributable to us and in the case of other damage caused intentionally or through gross negligence;
– insofar as we fraudulently concealed the defect or assumed a guarantee for the condition of the item have;
– in the case of items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
– in the case of statutory rights of recourse that you have against us in connection with rights relating to defects.
§ 8 Choice of Law
(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 country in which the consumer usually resides is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of seller
David Szymczak
Lemberger Str. 16
66955 Pirmasens
Germany
Telephone: +49 6331 725036< br>Email: info@mirosart.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations “Conclusion of the contract” in 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 electronically saved 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. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes. 5.2. The shipping costs incurred 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 is. 5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.6. Terms of Delivery
6.1. 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. 6.2. 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.If you are an entrepreneur, delivery and shipping is at your own risk.
7. Statutory liability for defects
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on the termination of the contract and the terms of termination can be found in the regulations on “assembly services” in our General Terms and Conditions (Part I), as well as in the respective offer.
8.2. Information on terminating the contract and the terms of termination can be found in the provisions on “repair services” in our General Terms and Conditions (Part I) and in the respective offer.
These terms and conditions and customer information were created by the Händlerbund’s lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/ general terms and conditions.
last update: 23.10.2019