General terms and conditions (GT&C) of sale for the "MaxMartin" limited trading company

 

The following terms and conditions apply exclusively for the ordering and delivery of goods and service features, which the customer has ordered from MaxMartin limited trading company per online-shopping in the internet.

These terms and conditions are valid with effect from the moment an order is made in our internet shop. We do not make any exception to these terms and conditions, unless that is we have explicitly confirmed any alterations in writing! Accessories such as decorative medium, and other such similar adornments, that embellish or serve to represent an advertising role of the products (unless this is confirmed in writing), do not belong to our scope of delivery.
Our scope of supply is limited to the following territories: Germany, Austria, France, Belgium, Italy, Luxembourg and the Netherlands.

We are however only to willing to tender individual estimates for customers residing in other EU member states.

 

§ 1 Contract of purchase

  1. The contract of purchase is deemed to have taken effect as soon as an order has been placed with MaxMartin limited trading company, provided that MaxMartin limited trading company does not veto or make exception to this in writing within 5 working days.
  2. The customer receives a confirmation of the reception of the purchase order.

§ 2 Minimum order value

  1. The minimum order value is set at € 50,--.
  2. The prices apply as of the moment the order is placed.
  3. All prices are displayed, including valid VAT in Euro.

§ 3 Delivery schedule

  1. The estimated delivery-/supply time is between 5 to 21 working days. By transferral payment in advance this begins as soon as payment is received.
  2. In the case where quicker delivery is possible, the customer will not be notified.
  3. Should delays prevent punctual delivery or despite all our efforts the goods no longer be available, the customer will be notified per email.
  4. Unless otherwise agreed, the goods will be delivered to the address provided by the customer. The customer, or a person designated by the customer must take charge of the goods there. Unless agreed in writing the delivery can only take place within Germany, Austria, France, Belgium, Italy, Luxembourg and the Netherlands.
  5. In the case of delivery per haulage company, this company is obliged to inform the customer in advance by telephone as to the date and approximate time of delivery. In the case of the delivery of heavy articles the customer should make the necessary preparations to assist in the unloading of these items. The point of transfer is hereby defined as the kerbside. The delivery destination road must support and be accessible to a 38 ton lorry (driveway should have a minimum width of 2,7m).
  6. Please note that only the first delivery appointment is free of charge. Should through the negligence of the customer further delivery attempts be necessary, the haulage company is within its legal rights to demand payment from the customer for incurring additional expenses.
  7. Deliveries to Switzerland are not possible.

§ 4 Shipping and handling charges

  1. The delivery will take place by post, parcel delivery service or haulage company.
  2. Within Germany, Austria, France, Belgium, Italy, Luxembourg and the Netherlands (excluding islands) delivery is in principle free of charge (kerbside delivery).
  3. If you wish a delivery to an island, please ask us for an island surcharge!
  4. Where cash on delivery (henceforth referred to as C.O.D) has been agreed a C.O.D surcharge of € 21,-- will be levied. Delivery per C.O.D is only possible within Germany and Austria.

§ 5 Transfer of risk

  1. The transfer of risk to the customer is deemed to have taken place as soon as delivery has arrived at the named destination.
  2. MaxMartin limited trading company accepts no responsibility for loss or damage incurred in transit, this is the sole liability of the postal, parcel or haulage company responsible for delivery. We hereby inform all our customers that all goods require a signature upon delivery. Please check that all the packages including contents are complete and undamaged, make a note of any visible damage and/or missing items and confirm this in writing on the delivery note. This must be verified by the counter-signature of the driver!

§ 6 Return of goods / Refund rights

  1. The customer has the right to cancel the order, within a period of seven working days upon receiving delivery. Saturday is not classified as a working day. For customers in Germany we allow a statutory right of return of fourteen days from receipt of delivery. The right of return does not require the customer to give any reason or explanation only that it occur both in writing, and through return of the goods. The obligation and risk liability for return of goods up to the value of up to € 100,-- remains the sole responsibility of the customer. The MaxMartin limited trading company will take care to arrange the collection and transport of returned goods valued above € 100,--. Should the customer return goods without communicating this in advance, the liability and expense remain the sole responsibility of the customer.
  2. Goods returned must be enclosed in the original cartons as originally packed or, securely sealed and re-packaged for transportation. Otherwise the goods will not be re-collected by the haulage company. The MaxMartin limited trading company reserves the right to deduct costs from the eventual refund sum due for damage inflicted during the return journey which can be proven to have occurred through negligent repackaging by the customer.
  3. The right of return is forfeited in the case of special orders, or for services requested by the customer when the MaxMartin limited trading company has begun with the execution of said services in accordance with the wishes of the customer before the limitation of the right of return period has expired, or because the customer has previously agreed to this arrangement.
  4. The right of return is immediately forfeited in the case of products which have been either custom-built or modified in advance to fulfil the wishes of the customer. It is also forfeited in such cases where the goods due to their composition and workmanship are not considered suitable for a return journey.
  5. The MaxMartin limited trading company agrees in accordance with the wishes of the customer to either return payment made for returned goods, or to credit this sum to the customers account should the customer decide to place a new order. Should the customer have not taken advantage of this service within the space of two weeks following the expiry of the right of return period, the sum due will be repaid without further communication.
  6. Goods which have been used or erected (partially or completely), cannot be returned and are excluded from the right of return.

§ 7 Warranties and liability

  1. The customer is responsible, when purchasing by mail order for reporting obvious defects within a period of two weeks of obtaining the goods in writing to the MaxMartin limited trading company. Following the expiry of this limit, the enforceability of claims for any obvious defects are excluded.
  2. For other defects, which are reported within six months following delivery, MaxMartin reserves the right, to deliver replacement or repair the object purchased at its own discretion.
  3. Should the manufacturer of the product which has been ordered through MaxMartin offer a longer warranty period for the reliability of the goods, MaxMartin agrees to negotiate the liability with the manufacturer on behalf of the customer.
  4. Further legal claims from the customer – regardless of their justification – are hereby excluded. The MaxMartin limited trading company does not accept liability for defects that have not originated on the object purchased; especially not loss of profit or other financial losses of the customer.
  5. The warranty period is limited to twenty four months from the receipt of goods.
  6. We reserve the right to make minor alterations or modifications to the range of products offered in the interest of progress.

§ 8 Terms of payment

  1. By customer conduct which breaches the terms and conditions of sale - especially with regard to default of payment – the MaxMartin limited trading company is authorised to repossess the goods, or if necessary to demand their return from the current owner should said items have passed into possession of a third party.
  2. The purchase price is due for payment upon delivery of the goods ordered.
  3. The payment of order can be effected by credit card, cash card (max. amount limited by credit coverage), by C.O.D (€ 21,-- C.O.D surcharge applicable) or by bank transfer in advance (pre-payment with 3% discount).
  4. The MaxMartin limited trading company reserves the right, without explanation to only deliver goods that have been paid for in advance.
  5. By payment per credit card, the amount due will be debited from the credit card as soon as acceptance of order through MaxMartin limited trading company. By choosing credit card as method of payment, a customer ensures that sufficient financial coverage is available to guarantee payment.
  6. Should the delivery address lay outside of The German Federal Republic or the Austrian Republic, the purchase price is due upon receipt of delivery and can only be made by credit card (see point 3) or transfer in advance (pre-payment with 3% discount).
  7. In the case of late or delayed payment, the MaxMartin limited trading company is entitled to demand an interest payment to the value of 5% p.a. above the base lending rate.
  8. "MaxMartin" Handel GmbH does not accept cheques for payment.

§ 9 Security of information

  1. All personal information and data related to the customer will only be used within strict accordance to the laws governing their use. Third party access to this information will only be allowed where this is essential to the conclusion of the purchase contract.

§ 10 Conditions of ownership

  1. The delivered goods remain the legal property of the MaxMartin limited trading company until payment for these has been completed in full.

§ 11 Court of jurisdiction

  1. For the final-consumer whose residence is not within the EU, our officially business location is the local court of jurisdiction (commercial court Linz, Austria).
  2. In consultations with final-consumers whose residence is inside the EU, recourse to the law is applicable at the place of residence of the final-consumer, providing it concerns urgent matters relating to consumer rights.

§ 12 General provisions

  1. Should one or more of the clauses in these terms and conditions become invalid, this does not automatically invoke the legality of the rest of this contract. The invalid clause is replaced by the appropriate legal regulation(s).
  2. This contract is governed solely by Austrian law and the application of the United Nations Convention on Contracts for the international sale of goods, if it would otherwise apply is hereby expressly excluded.
  3. The „MaxMartin“ limited trading company is registered in the commercial company register, by the commercial court Linz, under the company register number FN 245710 p.
    Managing Director is Mrs. Martina Priglinger.
    The UID-Number is as follows: ATU 57774803
    We are a member of the Austrian Federal Economic Chamber, Commercial section.
  4. Our Address:
    „MaxMartin“ limited trading company
    Bachlbergweg 98
    A-4040 Linz, Austria

    Tel: +43 / 732 / 70 11 99
    E-mail: office@maxmartin.at

    Telephone consultation times are:
    Mon.-Thurs.: 8:00 to 12:00 and 13:00 to 16:00
    Fr.: 8:00 to 12:00


Amended on 8th February 2012