Terms and Conditions

Terms of Service

General terms and conditions of MVG® Mathé Schmierstofftechnik GmbH for the sale and supply of goods to consumers For all goods from our shop, there are legal warranty rights.

Link to the instruction on the right of withdrawal

1. CONTRACT

1.1 The following Conditions of Sale and Delivery apply to all sales and deliveries of the MVG Mathé Schmierstofftechnik GmbH, Spiekerhof 15, 29614 Soltau (hereinafter "Seller"). Additional or different regulations are only binding for the seller, if they are expressly acknowledged in writing by him.

From 01/09/2016 disputes between consumers and merchants in connection with online sales contracts or online service contracts in accordance with Article 14, paragraph 1 ODR Regulation shall be settled through an online platform. The European Commission provides a platform for online dispute resolution (OS), which can be found under http://ec.europa.eu/consumers/odr/.

Our email address is: info@mathy.de.

1.2 The presentation of products in the online shop is not a legally binding offer, but a noncommittal online catalog. By clicking the button "Buy" / "order" you enter a binding order for the goods in the shopping cart. The confirmation of your order takes place together with the acceptance of the order immediately after sending an automated e-mail. With this e-mail confirmation of the purchase contract has been concluded.

2. NATURE, QUANTITY, DELIVERY AND TRANSFER OF RISK

2.1 The seller’s goods will be delivered in a merchantable quality and design, taking into account fabrication dependent tolerances for dimensions, weights and quality conditions.

2.2 Partial deliveries and partial services by the seller are allowed, if they are economically reasonable for the customer.

2.3 The risk shall be transferred to the buyer when the goods are delivered. The buyer shall assist the Seller in respect of any right of recourse against the delivery person. If a shipment arrives damaged, the buyer shall therefore create a detailed report of the facts, and, as far as possible, to create a railway investigation report, where all identifiable defects and complaints are recorded in writing.

3. DELIVERY TIMES

3.1 The delivery time is up to 3 days. We point out any different delivery times at the respective product page.

4. RENTED CONTAINERS

4.1 Rented containers remain the property of the Seller and shall be returned to the nearest warehouse of the seller in a proper and suitable state.

4.2 The provision of rented containers comprises the obligation of the buyer to pay the costs of returning. For loss or damage of hired equipment buyers replacement has to be made in cash or kind.

5. PAYMENT

5.1 Orders can be paid within Germany with direct debit, Paypal, cash on delivery or invoice. The payments by direct debit or cash on delivery are not available abroad. Orders can be paid by invoice up to a value of 150 €. Abroad, Paypal, payments in advance or invoices are accepted. Also orders by invoice are only possible up to a transaction value of 150 €.

5.2 Payment shall be due immediately upon receipt of the invoice. If the payment period is exceeded, the buyer is in default without any further reminder. The seller is entitled to offset payments against older debts despite any provisions of the buyer, and will inform the seller of the type of settlement. If costs and interest have been incurred, the seller is entitled to offset the payment first against the costs, then the interest and finally against the principal performance.

5.3 If the purchaser is in default of payment, the seller can charge interest at 5 percentage points above the base rate. If the seller has gained knowledge that can be expected that the assets of the Buyer has considerably worsened after conclusion of the contract, especially if the buyer does not pay for due claims of the seller and therefore payment claims by the seller appear to be endangered, the seller is entitled to deliver against full or partial payment step by step or against provision of security. In the case of insolvency of the buyer or the application for commencement of insolvency proceedings over the assets of the buyer, the seller is entitled to withdraw from all contracts not yet executed, unless an insolvency procedure has been opened.

5.4 The set-off or exercise of retention due to dispute by the seller or not legally established counterclaims of the buyer are excluded. The right of retention is also excluded insofar as the counter-claims of the buyer are not based on the same contract.

6. CLAIMS DUE TO DEFECTS

6.1 The seller reserves the right to demonstrate in alleged claims for faulty commodity, especially in the enforcement of claims for damages, by opinions of a suitable location (especially TÜV or DEKRA AG) that the goods are not defective or alleged damage was not due to the defectiveness the goods based. The buyer is obliged to make this the product concerned and possibly another by these damaged property available. If, during an inspection of alleged defects, no claim of the purchaser due to defects, the buyer is obliged to compensate the caused by the testing costs of the seller.

6.2 The remedy deficiencies or delivery of a faultless replacement part ("supplementary performance") is carried out without recognition of liability and does not restart the warranty period for the product concerned.

7. LIMITATION OF LIABILITY

7.1 The seller is liable for damages caused by carelessness only if these are due to significant breaches that jeopardize the achievement of the purpose, or the infringement of obligations, only the fulfillment of which enables the proper performance of the contract. In these cases, liability is limited to the typical foreseeable damage.

7.2 The limitations of liability under clause 7.1 shall not apply in cases of a liability under the Product Liability Act, for a defect after assumption of a guarantee for the quality of an object or a work, for fraudulently concealed defects or injury to persons.

7.3 The above limitations shall also apply to any claims for damages of the buyer against employees or agents of the seller.

8. RETENTION OF TITLE AND SECURITY

8.1 The seller retains title to the goods until full payment of the purchase price.

8.2 The processing or transformation of the goods by the buyer is always performed for the seller, but without any obligation for him. If the goods are processed with other items not belonging to the seller, the seller shall acquire joint ownership of the new item in proportion to the value of the goods to the other processed items at the time of processing. Conditions apply to the item created by processing the same as for the goods delivered under reservation. The buyer keeps the property of the seller free of charge. Goods in which the seller is entitled to the property are referred to as conditional goods.

8.3 Access by third parties to the reserved goods, especially seizures are to be communicated to the seller by the buyer via registered letter. If the third party is not able to refund to the seller the costs arising from the judicial or extrajudicial costs, the buyer shall be liable for these costs.

8.4 The reserved goods may not be pledged to third parties or be transferred or assigned (for safety) before full payment of the claims by the buyer.

9. CANCELLATION

9.1 Withdrawal You have the right to withdraw from this contract within fourteen days without giving a reason.

The withdrawal period is fourteen days from the date, on that you or your representative other than the carrier has taken possession of the goods.

To exercise your withdrawal right, you have to inform us

MVG Mathé Schmierstofftechnik GmbH
Spiekerhof 15,29614 Soltau
Telephone: 05191 16004
Fax: 05191 18155
Email: info@mathy.de

by means of a clear declaration (e. g. sent by post mail, fax or email) about your decision to withdraw from this contract. You can use the attached withdrawal form, which is not compulsory.

To keep the withdrawal deadline, it is sufficient to send your message concerning the right of withdrawal before the withdrawal period.

9.2 Effects of withdrawal If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest possible standard), and repay immediately, latest within fourteen days from the date on which the notification about your cancellation of this contract with us has been received. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to send or pass the goods promptly and in any case not later than fourteen days from the date on which you inform us of any cancellation of this contract, to the MVG Mathé lubricant GmbH, Spiekerhof 15, 29614 Soltau. The deadline is kept if you send the goods before the period of fourteen days. You bear the direct cost of returning the goods.

You only need to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.

10. ALTERNATIVE DISPUTE RESOLUTION pursuant to Article 14 Para. 1 of the ODR-VO (Online Dispute Resolution Regulation Ordinance) and Section 36 of the VSBG (Alternative Dispute Resolution Act)

The European Commission provides a platform for online dispute resolution (ODR), which you will find at https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform to resolve their disputes. We are basically willing to take part in an out-of-court dispute resolution process.

11. FINAL REGULATIONS

11.1 The law of the Federal Republic of Germany shall apply, excluding the conflict of law rules of private international law (IPR). The application of the UN Convention on the International Sale of Goods (CISG) is excluded.

11.2 The seller points out that with respect to the business relationship or in connection with this personal data received, regardless of whether they come from the buyer or by third parties, will be processed in accordance with the provisions of the Data Protection Act.

The version of these terms in the German language shall prevail for the legal validity and interpretation of the agreement between the seller and the buyer contracts. This applies even if translations of these terms of sale are signed by the parties or if the seller provides such translations available to the buyer.

Status: February 2016

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