Terms of Service

Validity of the terms and conditions

The deliveries and services, sales and offers are made exclusively on the basis of these general terms and conditions. Deviating terms and conditions are only binding if they have been confirmed by us in writing.

The contractor waives the application of its general terms and conditions. Terms and conditions attached to the offer are deemed not to have been agreed. The general terms and conditions of the buyer / purchaser (customer) do not become the basis of the contract even if the seller / service provider (entrepreneur) does not expressly contradict them.

Ancillary agreements and verbal statements by our employees only become part of the contract if they are confirmed by us in writing.

Offers and contract conclusion

Our offers and price lists are non-binding and apply provided that we have confirmed them in writing. Our employees do not have a power of attorney or the authority to agree changes to the general terms and conditions.

The written order placement determines the content of the contract, unless the customer objects within seven calendar days after signing the order.

Unless otherwise agreed, the documents belonging to the offer, such as images and drawings, are only approximate.

Prices and Payment

The prices are generally ex warehouse Osnabrück plus the statutory value added tax. They do not include packaging, freight, postage and insurance.

All invoices are due immediately after the invoice date without deduction. Payment must be made by the 14th day after the invoice date without any obligation to pay interest. After that, the default occurs automatically. Individual agreements may differ from this. As of payment default, we are entitled, without prejudice to further claims, to demand default interest in the amount of the usual bank interest rate for open current account claims.

The client can only offset an undisputed and legally established claim.

Retention of title

In contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full.

In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full.

Seizure or any other threat to our property must be reported to us immediately.

The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim.

delivery

The delivery date stated in our offer and confirmation letter is only approximate, but will be adhered to if possible, unless a fixed date has been expressly agreed. Partial deliveries are permitted to a reasonable extent.

In the event of force majeure or similar circumstances in the company or at the sub-supplier, the delivery date can be extended appropriately. Cover purchases or claims for damages are excluded.

shipping

When the goods are handed over to the forwarder, carrier or collector, at the latest when they leave our warehouse, the risk is transferred to the buyer if the buyer has commissioned the carrier, carrier or other person or institution to carry out the shipment and we have not previously named this person or institution to the buyer. The goods are uninsured. We will only take over transport insurance if expressly requested and against a charge for the insurance and a processing fee.

delay of acceptance

If the customer is in default of accepting the properly offered goods or services, we are entitled, after a reasonable grace period, to withdraw from the contract and to demand compensation in the amount of 25% of the invoice value, without proof of the occurrence and amount of damage. The customer is allowed to prove that no damage occurred at all or that it was significantly lower than the flat rate.

cancellation

If the customer cancels an order that has been placed, we are entitled to charge 25% of the offer amount from the 3rd working day before the agreed execution date. In the event of cancellation from 1 working day before the execution date, we are entitled to charge 50% of the offer amount.

Guarantee

The warranty period is based on the statutory provisions, unless otherwise agreed. For used items and items of the so-called second choice, the warranty period is shortened to one year, as is the case with sales contracts with non-consumers (such as craft, industry, municipalities). We are liable for defects to the exclusion of further claims as follows:

The contractual partner must inspect the delivery for defects and quality immediately upon receipt. Obvious defects must be reported in writing within seven calendar days. In the case of justified complaints, we can choose between repair or replacement. In order to remedy the defect, the contractual partner must grant us the time and opportunity required at its reasonable discretion, in particular to make the object of the complaint available.

Errors caused by wear and tear, damage, incorrect connection or incorrect operation by the customer or third parties are excluded from any guarantee. The warranty is also void if the customer or a third party intervenes on the goods we have delivered.

The customer is only entitled to a reduction in price and the right to withdraw from the contract if an attempt at rectification has failed twice.

Transport and moving aids

The liability to be assumed for loss of or damage to the goods is limited by law (€ 620.00 per cubic meter). A higher liability amount or separate transport insurance can be taken out separately for an additional charge. In the event of justified complaints, the insurance company can choose between repair, replacement delivery or compensation for damage. In order to remedy the defect, the contractual partner must grant us the time and opportunity required at its reasonable discretion, in particular to make the object of the complaint available. The sender is obliged to examine the goods on delivery for externally visible damage or loss. These are to be recorded on the delivery receipt or a damage report - specified - or MÖWE gGmbH must be notified no later than one day after delivery. Damage or loss that is not externally recognizable must be specified to MÖWE gGmbH within 14 days of delivery / delivery. Flat-rate notifications of damage are in no way sufficient. If a report is made after delivery, it must - in order to prevent loss of entitlement - be made in writing in any case and within the specified deadlines. The notification of damage can also be sent by email / FAX. A signature is not required if the exhibitor can be identified in any other way. Timely dispatch is sufficient to meet the deadlines. Compensation for value: If MÖWE gGmbH has to pay compensation, the value must be reimbursed at the place and at the time of acceptance for transport. If the goods are damaged, the difference between the value of the undamaged goods and the damaged goods must be replaced. It depends on the place and time of the takeover for transport. The value of the client's items in the context of the removal assistance is usually determined by the market price. In addition, the costs of determining the damage are to be reimbursed. Disclaimer: MÖWE gGmbH is not liable for damage or loss that could not have been avoided or averted even with the greatest care (force majeure). MÖWE gGmbH is also not liable for the transport of precious metals, jewels, precious stones, money, postage stamps, coins, securities, documents, living animals and plants, as well as in the case of insufficient packaging or labeling, for handling, loading or unloading by the sender. Likewise, there is no liability for the loading and unloading of items belonging to the client that do not correspond to the size and spatial proportions of the loading or unloading area and the sender exists despite reference to the loading or unloading, as well as in the case of poor quality of the items of the client, as a result it is particularly susceptible to damage, in particular from breakage, malfunction, internal spoilage or leakage. If damage has occurred which, according to the circumstances of the case, could result from one of the aforementioned dangers, it is assumed that the damage originated from this danger. MÖWE gGmbH can only invoke the grounds for exclusion of liability if it has taken all measures incumbent on it under the circumstances or has observed special instructions. This does not apply to damage resulting from injury to life, limb or health that is based on a negligent breach of duty by MÖWE gGmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of MÖWE gGmbH.

Service and assembly services

Service, assembly and connection work or adjustment requests are not included in the purchase price. This work is offered and can also be agreed. Our liability is limited to intentional and grossly negligent damage. This does not apply to damage resulting from injury to life, limb or health that is based on a negligent breach of duty by MÖWE gGmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of MÖWE gGmbH. Against reimbursement of the local fee and transport costs, we will dispose of the dismantled old device.

Repairs

If a cost estimate is required before a repair is carried out, this must be stated expressly. The cost estimate is chargeable. If the order is not placed, the cost of the cost estimate must be paid for.

Safekeeping

Goods will only be stored beyond the delivery date by prior agreement and for a special fee. Our liability is limited to damage caused intentionally or through gross negligence. This does not apply to damage resulting from injury to life, limb or health that is based on a negligent breach of duty by MÖWE gGmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of MÖWE gGmbH.

Consumer arbitration board

MÖWE gGmbH does not take part in a dispute settlement procedure before the consumer arbitration board.

Responsible consumer arbitration board:
General consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, Tel .: 07851/795 79 40, Fax: 07851/795 79 41, Email: mail@verbrauch-schlichter.de, Internet: www.verbrauch-schlichter.de

privacy

The personal data obtained in the course of business activities are recorded, stored and processed in accordance with the provisions of the Church Data Protection Act (KDO) and implementation provisions as well as the additional applicable state data protection provisions of the Federal Data Protection Act in the currently applicable version.

Ownership and Copyright

The drawings, sketches and models created by us remain our property, even if they are calculated separately. The client is solely liable if rights, in particular copyrights of third parties, are violated through the execution of his order. The client has to exempt us from all claims by third parties due to such legal violations.

Place of performance, place of jurisdiction, applicable law.

The place of fulfillment for delivery and the exclusive place of jurisdiction is Osnabrück.

The contractual relationship is based on German law, unless there are mandatory statutory provisions to the contrary.

online shop
In principle, the above general terms and conditions of MÖWE gGmbH apply.

Conclusion of the contract, conclusion of the contract
The offers and article presentations do not constitute a binding offer. Only your order is a binding offer, which we can accept. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.

Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and email address) of your decision by means of a clear declaration (e.g. a letter sent by post or email) to revoke this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you revoke this contract, we have to repay you the purchase price that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, please provide us with the relevant bank details.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

Prices and shipping costs
All prices include statutory VAT plus shipping costs.

delivery terms
The type of delivery, collection or dispatch is agreed upon when the contract is concluded.

Terms of payment
Payment can be made either in advance by bank transfer, credit card (VISA, Mastercard), by instant transfer, by direct debit or on account.

We reserve the right to exclude individual payment methods.

Status: 2021-03-22

Right of withdrawal
online shop

GGenerally speaking, the general terms and conditions of MÖWE gGmbH apply.

Conclusion of the contract, conclusion of the contract.

D.he offers and article presentations do not represent a binding offer. Only your order is a binding offer, which we can accept. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.

Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and email address) of your decision by means of a clear declaration (e.g. a letter sent by post or email) to revoke this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you revoke this contract, we have to repay you the purchase price that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, please provide us with the relevant bank details.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.


Prices and shipping costs
All prices include statutory VAT plus shipping costs.


delivery terms
The type of delivery, collection or dispatch is agreed upon when the contract is concluded.


Terms of payment
Payment can be made either in advance by bank transfer, credit card (VISA, Mastercard), by instant transfer, by direct debit or on account.


We reserve the right to exclude individual payment methods.


Status: 2021-03-22