GENERAL TERMS AND CONDITIONS
- Conclusion of a Contract
- Right of Cancellation
- Prices and Terms of Payment
- Terms of Delivery and Shipment
- Retention of Title
- Liability for Faulty Goods
- Applicable Law
- Legal Venue
1.1 These General Terms and Conditions of Business (hereinafter referred to as “Terms of Business”) of the company MAYBACH Boutique by Noble Optic House Berlin GmbH (hereinafter referred to as the “Seller”) apply to all contracts which a consumer or a business person (hereinafter referred to as the “Customer”) concludes with the Seller for goods and/or services presented in the Seller’s Online Shop. The inclusion of the Customer’s own conditions is hereby excluded unless otherwise agreed.
1.2 Consumer within the meaning of these Terms of Business is any natural person who enters into a legal transaction for purposes which can mainly be classified as not belonging to their business activity or to their work as a self-employed person. A business person within the meaning of these Terms of Business is any natural or legal person or partnership having legal capacity that acts in their commercial or self-employed business capacity when concluding a legal transaction.
2) Conclusion of a Contract
2.1 The product descriptions contained in the Seller’s Online Shop do not constitute a binding offer on the part of the Seller; their purpose is rather to help the Customer make a binding offer.
2.2 The Customer can submit his offer using the online order form integrated into the Seller’s Online Shop. Once the Customer has added the goods and/or services he has selected to the virtual basket and has gone through this part of the electronic ordering process, he then clicks the button designated for completing the ordering process to make a legally binding contractual offer for the goods and/or services contained in his basket.
2.3 The Seller can accept the Customer’s offer within five days
- by sending the Customer a written acknowledgement of the order or an acknowledgement of the order in textual form (fax or e-mail), in such a case receipt of the acknowledgement of the order by the Customer being the deciding factor, or
- by delivering the goods ordered to the Customer, in such a case receipt of the goods by the Customer being the deciding factor, or
- by asking the Customer to pay after the Customer has ordered the goods.
In the event that there are several of the aforementioned alternatives, the Contract is concluded at that moment when one of the alternatives mentioned above first occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed as the offer having been declined with the result that the Customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the Customer has sent his offer and finishes at the end of the fifth day following the offer being sent.
2.5 If an offer is submitted using the Seller’s online order form, the Seller will save the text of the Contract and send it to the Customer together with these Terms of Business in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. In addition, the text of the Contract will be archived on the Seller’s Internet site, which will enable the Customer to access it free of charge by logging into his password-protected Customer Account provided he has created a Customer Account in the Seller’s Online Shop prior to ordering the goods and/or services.
2.6 Before the Customer has placed a binding order using the Seller’s online order form, he can change the details he has entered at any time with the usual keyboard and mouse functions. Additionally, all the information he has entered will be shown again in a confirmation window before he submits his binding order and can also be changed in this window with the usual keyboard and mouse functions.
2.7 The only language available for concluding the Contract is German.
2.8 Order processing and all contact between the Seller and the Customer is generally by e-mail and automated order processing. It is the Customer’s responsibility to ensure that the e-mail address he gives for the purposes of order processing is correct so that any e-mails sent by the Seller to this address can be received. In particular, if the Customer uses spam filters, he must make sure that any e-mails sent by the Seller or by any other party authorised to do so by the Seller can be delivered.
3) Right of Cancellation
3.1 Consumers have the right to cancel an order.
3.2 Further information on the Right of Cancellation can be found in the Seller’s Cancellation Policy.
4) Prices and Terms of Payment
4.1 Unless the Seller’s product descriptions indicate otherwise, the prices given are total prices and include VAT. Any additional delivery and shipping costs to be paid will be detailed separately in the particular product description.
4.2 In individual cases there may be additional costs for shipments to countries outside of the European Union. The Seller is not responsible for these costs and they must be borne by the Customer. Such costs may include those for bank remittances (e.g. charges for transferring monies, exchange rate fees) or import levies and taxes (e.g. customs duties). These costs may also be incurred for transferring money even if the goods are shipped to a country which is not outside the European Union but the Customer arranges payment from a country not within the European Union.
4.3 There are different forms of payment available in the Seller’s Online Shop which the Customer can choose from.
4.4 If payment in advance has been agreed, the payment is due as soon as the Contract has been concluded.
5) Terms of Delivery and Shipment, Collection
5.1 Goods will be shipped to the address given by the Customer unless otherwise agreed.
5.2 In the event that the carrier returns the goods dispatched to the Seller because it was not possible to deliver them to the Customer, the Customer shall bear the costs for delivery being unsuccessful. This will not apply if the Customer effectively exercises his Right of Cancellation, if he cannot be held responsible for the circumstances leading to delivery not being possible, or if he was temporarily prevented from accepting the service offered unless the Seller had notified him of the service in a reasonable length of time beforehand.
5.3 If the Customer is acting as a business person, the risk of accidental loss or destruction or of accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the carrier, shipping agent, haulier or any other person or organisation charged with handling shipment. If the Customer is acting as a consumer, the risk of accidental loss or destruction or of accidental deterioration of the goods sold does not pass to the Customer until the goods have been handed over to him or to a person authorised to receive them. In derogation of the foregoing, the risk for consumers of accidental loss or destruction or of accidental deterioration of the goods sold does pass to the Customer as soon as the Seller has handed over the goods to the carrier, shipping agent, haulier or any other person or organisation charged with handling shipment if the Customer instructs the carrier, shipping agent, haulier or any other person or organisation charged with handling shipment to deliver the goods and the Seller has not named this person or organisation to the Customer beforehand.
5.4 The Seller reserves the right to withdraw from the Contract in the event of his not receiving correct or proper supplies. This shall apply only in those cases where the Seller cannot be held responsible for non-delivery and he has entered into a specific supply agreement with the supplier to cover his needs with all due care. The Seller will make every reasonable effort to procure the goods. In the event of the goods not being available or only being available in part, the Customer will be immediately notified and any payment or consideration refunded without delay.
5.5 It is possible for the Customer himself to collect the items he has ordered. In such a case the Customer will be notified by e-mail as soon as the item ordered is ready for collection in the MAYBACH Boutique selected during the ordering process. In order that proof of identity may be established when the goods are collected, the Customer must produce the aforementioned e-mail and a valid identity card. The same shall apply if the Customer has the goods collected by somebody other than himself.
5.6 For reasons of safety, goods cannot be sent poste restante, to a post office box or to a students’ hall of residence.
6) Retention of Title
6.1 Vis-à-vis consumers the Seller shall retain title to the goods delivered until the purchase price owed has been paid in full.
6.2 Vis-à-vis business persons the Seller shall retain title to the goods delivered until all debts from a current business relationship have been paid in full.
6.3 If the Customer is acting as a business person, he is entitled to resell the goods subject to retention of title in the course of due business. The Customer shall assign to the Seller in advance any and all outstanding payments resulting from this business owed to him by third parties to the amount of the invoice value (including VAT). This assignment shall apply irrespective of whether the goods subject to retention of title have been resold without or after work having been carried out on them. The Customer remains authorised to collect outstanding debts even after assignment. This shall be without prejudice to the Seller being entitled to collect the outstanding amounts himself. The Seller will not collect the outstanding debts, however, provided that the Customer honours his financial obligations towards the Seller, does not fall into arrears and an application for insolvency proceedings to be opened has not been filed.
7) Liability for Faulty Goods
The statutory regulations shall apply in the event of any goods sold being faulty. In derogation of the foregoing, the following shall apply to goods which have been used for a building or structure in a manner which is not in accordance with how they are usually used and have caused its faultiness:
7.1 For business persons
- an insignificant fault shall not be a reason for warranty claims;
- the Seller shall have the choice of how to remedy the defect;
- the period of limitation for faults in new goods is one year from when the risk passed;
- all rights and claims on account of faults are excluded in the case of used goods;
- the period of limitation shall not begin anew if there has been a replacement under the Liability for Faulty Goods.
7.2 For consumers the period of limitation for warranty claims is
- for new goods, two years from when the goods are handed over to the Customer;
- for used goods, one year from when the goods are handed over to the Customer, with the limitation of subclause 7.3.
7.3 Applying to business persons and consumers is that the aforementioned restrictions concerning liability and periods of limitation in subclause 7.1 and subclause 7.2 do not pertain to claims for damages and claims for compensation for expenses incurred which the buyer can pursue for faults under the statutory regulations in accordance with clause 8.
7.4 Furthermore, applying to business persons is that this shall be without prejudice to the statutory period of limitation for the right of recourse under section 478 of the BGB (German Civil Code). The same shall apply to business persons and consumers where there is intentional breach of duty and fraudulent concealment of a fault.
7.5 If the Customer is acting as a businessman within the meaning of section 1 of the HGB (German Commercial Code), he is subject to the commercial duty to examine goods and the requirement to give immediate notice of any defects as set out under section 377 of the HGB. If the Customer fails to carry out his duty of notification regulated under this section, the goods shall be deemed as approved.
7.6 If the Customer is acting as a consumer, he is requested to complain to the deliverer about any obvious damage which the goods delivered have suffered in transit and to notify the Seller of the matter. If the Customer does not comply with this, it shall not have any effect on his statutory or contractual warranty claims.
7.7 If the defect has been remedied by means of a replacement, the Customer is obliged to return the item first delivered to the Seller at his expense within 30 days. The faulty item must be returned in accordance with the statutory regulations.
The Seller shall be liable towards the Customer vis-à-vis all contractual, quasi-contractual and statutory, including tortious claims for damages and claims for compensation for expenses incurred as follows:
8.1 The Seller shall be liable for any legal reason without limitation
- in the event of intent or gross negligence;
- in the event of negligent or intentional injury to life, body or health;
- as a consequence of a guarantee undertaking unless other arrangements have been made in this respect;
- as a consequence of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual duty, liability is limited to the foreseeable damage typical for this type of contract unless there is unlimited liability under subclause 8.1. Material contractual duties are duties which the text of the Contract imposes on the Seller in order that the purpose of the Contract may be achieved, whose fulfilment is essential for bringing about due execution of the Contract and in whose observance the Customer may always trust.
8.3 The Seller’s liability is otherwise excluded.
8.4 The aforementioned regulations relating to liability also apply vis-à-vis the Seller’s liability for his vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between the parties shall be governed by and construed in accordance with the law of the Federal Republic of Germany to the exclusion of the laws governing the international sale of goods. For consumers this choice of law shall only apply in so far as the protection afforded by mandatory provisions of the laws of the state in which the consumer has his usual place of residence is not withdrawn.
10) Legal Venue
If the Customer is acting as a businessman, a legal person under public law or special funds under public law with the registered office in the territory of the Federal Republic of Germany, the exclusive venue for any disputes arising out of this Contract shall be the place of business of the Seller. If the Customer has his registered office outside of the territory of the Federal Republic of Germany, the exclusive venue for any disputes arising out of this Contract shall be the place of business of the Seller if the Contract or claims from the Contract can be classified as belonging to the Customer’s occupation or business activity. The Seller is at all times entitled in the aforementioned cases, however, to bring the matter before a court at the Customer’s place of business.