mft - Mit Freude transportieren


General Terms and Conditions in the context of purchase contracts via the Internet platform

§ 1 Scope of application, definitions

(1) The business relationship between the webshop provider mft transport systems GmbH (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating General Terms and Conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) The customer can select products from the provider’s online range and collect them in a so-called shopping cart using the “add to cart” button. After entering his personal data and the desired billing method, the customer can submit a binding request to purchase the goods in the shopping cart by clicking the “Buy” button. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer confirms that they have taken note of the GTC and agree to the privacy policy by ticking the appropriate box.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues the declaration of acceptance, which is sent in a separate e-mail. In this e-mail, the order is confirmed and the invoice is sent to the customer by us (contract confirmation). The order is stored in compliance with data protection regulations. If the customer has already paid in advance, e.g. via PayPal, this fact will be noted on the invoice. The customer will then be informed in a further e-mail that the products have been dispatched. In this context, the customer receives a link with which he can track the delivery route of the products.

(3) The contract shall be concluded in German.

§ 3 Delivery, availability of goods, place of performance and transfer of risk

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 3-5 working days.

(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

(4) The place of performance for all obligations arising from the contractual relationship shall be D-74532 Ilshofen, unless otherwise agreed.

(5) The risk of accidental loss shall pass to the Customer at the latest upon handover of the delivery item (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or if the supplier has assumed other services (e.g. shipment or installation). If the shipment or handover is delayed due to a circumstance caused by the customer, the risk shall pass to the customer from the day on which the delivery item is ready for shipment and the supplier has notified the customer of this.

(6) The Supplier shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. disruptions of operations of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which the supplier is not responsible. If such events make delivery or performance significantly more difficult or impossible for the supplier and the hindrance is not only of a temporary nature, the supplier is entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to the supplier.

(7) If the supplier is in default with a delivery or service or if a delivery or service becomes impossible for him, for whatever reason, the liability of the supplier is limited to compensation in accordance with § 8 of these General Terms and Conditions of Delivery.

§ 4 Prices and shipping costs

(1) All prices stated on the provider’s website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer – if he is a consumer – makes use of his right of withdrawal.

(3) The goods shall be dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.

(4) The customer who is a consumer shall bear the direct costs of the return shipment in the event of a revocation.

§ 5 Payment modalities

(1) The customer can make the payment via PayPal or on account.

(2) The customer can change the payment method saved in his user account at any time.

(3) When paying the purchase price on account, the purchase price is due for payment without deduction 7 days after receipt of the invoice if the customer is a consumer. If the buyer is an entrepreneur, the supplier shall grant the buyer a 2% discount for payment within 10 days of receipt of the invoice (receipt of payment by the supplier); otherwise the invoice shall be due for payment without deduction 30 days after receipt of the invoice. If the due date for payment is determined or can be determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the prime rate.

(4) The Client’s obligation to pay default interest does not exclude the assertion of further damages caused by default by the Provider.

(5) Offsetting against counterclaims of the Client or the retention of payments due to such
payments due to such claims shall only be permissible insofar as the counterclaims are undisputed
or have been legally established.

(6) The Provider shall be entitled to execute or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, it becomes aware of circumstances which are likely to significantly reduce the Customer’s creditworthiness and which jeopardize the payment of the Provider’s outstanding claims by the Customer arising from the respective contractual relationship.

This does not exclude the assertion of further damages caused by delay by the provider.

§ 6 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 7 Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.

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