Standard Business Terms and customer information / data protection declaration I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (Gert Wehling) via the ma-shops.com Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can submit a firm buying quotation (purchase order) by using the online shopping cart system.
You can thereby put the products intended for purchase in the “shopping cart”. You can call for a “shopping cart” by clicking the appropriate button in the navigation bar, and can always be free to make any changes. After requesting the “shopping cart”, you will come to the online purchase order form. After filling in your personal details as well as your terms of payment and terms of shipment, all the order details will be displayed again on the order summary page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “buy” button, you are considered to have made a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) Purchase via “quote request” function (if offered)
You have the chance to send us a non-binding inquiry, by clicking on the “quote request” button on the article page, entering your price proposal on the following page and confirming the operation by using the “send price proposal” button.
We provide you with a firm quotation in text format through the Ma-Shops platform, which you can accept within the period mentioned in the offer. If there is no period mentioned in our firm quotation, you can accept the offer within 3 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
(2) The goods remain our property until the purchase price is paid in full. § 4 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).
§ 5 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 6 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Steinstrasse 13 A
20095 Hamburg Deutschland
Telephone: 040 330411 E-Mail: email@example.com
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
7.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard business terms (part I).
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.
last update: 28.09.2016
Data protection declaration
Welcome to our ma-shops.com sites!
We attach maximum importance to protecting your data and safeguarding your privacy. Therefore, we provide information below regarding collection and use of personal data while using our ma-shops.com sites.
Anonymous data collection
You can visit our ma-shops.com sites without having to provide any personal details. We do not save any personal data in this connection.
Collection and processing while using the contact form
When using the contact form, we collect personal data (particulars of personal or objective relationships of a particular or definable natural person) only within the scope provided by you. We use your email address only for processing your request. Your data is deleted subsequently if you do not approve of the further processing and use.
Collection, processing and use of personal data
We collect personal data (particulars of personal or objective relationships of a particular or definable natural person) only within the scope provided by you.
Your personal data is processed and used for completing and processing your order and also for processing your requests.
After the contract is processed completely, all the personal data is first saved taking into account the retention periods under fiscal and commercial law and then deleted after the expiry of the deadline, if you have not
approved of the further processing and use.
Forwarding personal data
Your data is not forwarded to third parties without your explicit consent. Only our service partners, which we require for handling the contractual relationship, are excluded from this. In these cases, we strictly adhere to the specifications of the Federal Data Protection Act. The scope of the data transfer is restricted to a minimum.
Using Facebook plugins with previous activation
Plugins of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), are used on these webpages.
You can view the different logos, which contain the plugin, at the following link: http://developers.facebook.com/plugins
In case of the standard involvement of plugins while invoking the webpages of our presence on the Internet (which contain such a plugin), a link is established between your computer and the servers of Facebook wherein the plugin is displayed on the webpage through a notification to your browser. Here, your IP address as well as the information, as to which of our Internet sites you have visited, is forwarded to the Facebook server in the USA. This is independent of whether you have registered or are logged in on Facebook. Data is transferred even in case of users who are not registered or logged in on these sites. Moreover, if you are logged in on Facebook, Facebook allocates this information to your personal Facebook user account. When using the plugin functions (e.g. clicking the “Like” button, entering a comment), even this information is allocated to your Facebook account, which you can only prevent by logging out before using the plugin. If you do not want Facebook to match the gathered information to your Facebook profile, you must either log out from Facebook before visiting our website, or use the add-on for your browser which is provided by Facebook http://webgraph.com/resources/facebookblocker/. With this, you can block the loading of the Facebook plug-ins. Other information about the collection and usage of the data by Facebook, about your relevant rights and options for protecting your privacy can be found in the Data Protection information of Facebook.
We have decided to deactivate the corresponding button for the time being so that you can retain the control over your data. You can identify this from the greyed out button. Without your express approval in the form of activation of the button, no link is established with the Facebook server, and no data is transferred.
Only when you activate the button label, the button becomes active (highlighted in colour) and a direct link is established between the servers of Facebook.
With the activation, you give your consent for the transfer of your data to Facebook.
If you are connected with your Facebook account at the same time, the collected information is also allocated to your corresponding profile.
You can only prevent this allocation by logging out of your Facebook account before visiting our website and before activating the button.
Use of the Google “+1” button (plugin) with prior activation
These websites use the “+1” button of the social network Google Plus of Google Inc., 1600 Amphitheatre Parkway, Mountain View, California , 94043 USA, (hereinafter referred to as ‘Google’).
The various “+1” buttons containing the plug-in can be viewed under the following link: https://developers.google.com/+/plugins
With the standard integration of plug-ins, when you visit the Internet pages of our website (which contains such a plugin), a link between your computer and the servers of Google Plus is established, and the plugin is depicted on the website by sending the respective notification to your browser. In this regard, there is transmission of not only
your IP address, but also the information pertaining to the identification of the internet pages that you have visited, to the Google Plus server in the USA. This does not depend on whether you have a registered account or have simply logged in to Google Plus. Transmission takes place even for non-registered users or users who have not logged in. Furthermore, if you are a member of Google Plus, and if you were logged in to Google Plus during the use of the plugin, then the gathered information about your website visit is linked with your Google Plus account, and this information is made available to other users. Even during interactions facilitated by different Google plug-ins, the corresponding information about you is gathered, transmitted to Google and saved.
The “+1” button is not used to record your internet visits. Google records your temporary browsing history on displaying the “+1” button, and does not evaluate your visit to a website with “+1” button in any other manner. Google stores the data pertaining to your visit for approximately two weeks. This is done for purposes associated with system maintenance and error correction. This data is not structured according to individual profiles, user-names or URLS. It is also not forwarded to us. If you have used the Google Plus settings to make your profile publicly accessible, then your “+1” can be displayed as a reference by Google in Google services, along with your profile name and your photo. For example, it can be displayed in search results or in your Google profile, or at other places on websites and even advertisements on the internet. If you do not want Google to match the gathered information to your Google Plus profile, you must log out from Google Plus before visiting our website.
Further information on the collection and use of data by Google, your rights and possibilities of protecting your privacy is available in the data protection notice of Google: www.google.com/intl/de/+/policy/+1button.html.
In order to ensure that you retain control over your data, we have decided to first deactivate the corresponding button. This can be recognized from the disabled button. Without your explicit consent - in the form of activating the button - no link will be established with the Google Plus server, thereby preventing any data transfer.
When you first activate the button, it becomes active (colour-coding) and a direct connection to the Google Plus servers is established.
By activating the button, you are giving your consent to the transfer of your data to Google Plus.
If you are simultaneously connected to your Google Plus account, then the gathered information is also matched to your corresponding profile.
This matching operation can be prevented only if you log out from your Google Plus account before visiting our website and before activating the button.
Using Twitter plugins
The functions of the Twitter service are integrated on our website.
Twitter is a social media portal of the company Twitter Inc.,795 Folsom St., Suite 600, San Francisco, CA 94107, (USA).
We use Twitter plugins. If you invoke a corresponding website that has such a plugin, the data is exchanged with the Twitter servers located in the USA.
Even in case of interactions, which are possible with various Twitter plugins, the corresponding information about you is collected and transmitted to Twitter and stored there.
Moreover, if you are a member of Twitter, and if your are logged in on Twitter during the period in which you use the plugin, the information collected about your website visit is linked to your Twitter account and disclosed to other users.
If you do not wish that Twitter links and combines the information with the data of your Twitter account, you must log out from Twitter before visiting our website.
Log on to https://twitter.com/privacy for more information on the collection and use of data through Twitter.
Information, correction, blocking and deletion of data
At all times, you have the right to free information about your saved data as well as the right to correction, deletion and blocking of the same. Please contact us if required. You will find the contact details in our Legal Notice.
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