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General Terms and Conditions
(incl. legal information)


1. Area of application
2. Contracting parties
3. Offer and contract conclusion
4. Right of Withdrawal
§4a Freight charges for orders by use of right of withdrawal
5. price and delivery costs
6. Delivery
7. Payment
8. Retention of title

9. Established law

10. Gewährleistung

11. Place of jurisdiction
11. Severability Clause


Further information

Process of order
Your order data


General Terms and Conditions

(The following General Terms & Conditions include legal information regarding your rights according to the Distance Selling Act and E-Commerce).

 


1. Area of application

The General Terms and Conditions apply to all companies (§14 BGB) and consumer [as final user ( §13 BGB )] deliveries made by Michael Holzner, MH-Überwachungstechnik.



2. Contracting Parties
The contract of sale comes into being with: Michael Holzner, MH-Überwachungstechnik, Kirchsteig 21, 83109 Tattenhausen. Our customer service is at your disposal from monday till friday of 9:30 - 17 o'clock.
Please feel free to contact us when having questions or complaints at +49 (0) 8067/909938  or by email: office@mh-ueberwachungstechnik.de.

 

3. Offer and Contract Conclusion
3.1 The illustration of the products in the online shop is not legally binding but represents an offer to buy. Errors excepted.


3.2 You are placing a binding order for the listed articles on the order page when clicking the button [Submit order]. The contract of sale comes into existence as soon as we send you a confirmation of the order by email directly after receiving your order.

 

 

4. Right of Withdrawal
4.1 Customer in terms of § 13 German Civil Code have a two week long right of Withdrawal. This right applies not to contracts with enterprises or enterprisers.

 


Cancellation policy for the delivery of goods

Right of withdrawal

You may withdraw your contractual acceptance in writing (e.g. by letter, fax or e-mail) within two weeks without stating grounds, or - if the item is placed at your disposal prior to the expiry of this period - by returning the item.The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver (in the recurring supply of similar goods before receipt of the first partial delivery) and also not meeting our information requirements pursuant to Section Artikel 246 § 2 in conjunction with § 1 Abs. 1 and 2 EGBGB as well as our obligations under Section § 312e para.1 sentence 1 BGB in conjunction with 246 § 3 EGBGB.


In order to ensure that the withdrawal takes place within the respite it is sufficient to send it in time.

The withdrawal has to be adressed to:

 

Einsetzen: Namen/Firma und ladungsfähige Anschrift des Widerrufsadressaten (Zusätzlich können angegeben werden Telefaxnummer, E-Mail-Adresse und/oder, wenn der Verbraucher eine Bestätigung seiner Widerrufserklärung an den Unternehmer erhält, auch eine Internet-Adresse.)


Withdrawal consequences

In case of an effective revocation, the benefits received by either party have to be restituted and potentially drawn profits (e.g. interest), surrendered. Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you e.g. in a retail shop. For the rest, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect its value. Goods capable of being sent by parcel post should be returned to us at our risk. You have to bear the cost of returning if the goods ordered are in conformity with those ordered, and if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In all other cases return delivery is free of charge for you. Goods that cannot be sent as parcels will be picked up by us. Requests for re-compensation for payments must be met within 30 days after sending the declaration of withdrawal or after returning the goods. The deadline shall commence for you on the date you sent the notice of withdrawal and for us, following its receipt.

 

End of withdrawal instruction

 


4.2 The right of withdrawal does not apply to goods that were produced according to customers specifications (i.e. T-Shirts with your photo and your name) or other clearly personalized goods or delivery of sound documents and video recordings or of software as long as the seals have not yet been broken (i.e. software cd's of which the foil has been opened).

 

Ebenso nicht bei Sonderbestellungen von nicht im Lieferprogramm geführten Artikeln und bei Waren, die nach Kundenspezifikation aus Standardkomponenten gefertigt wurden, sofern diese in Betrieb genommen wurden.


4.3 Bei Sonderposten und Abverkaufsartikeln ist eine Stornierung oder Rückgabe ausgeschlossen. Für diese Artikel ist die Gewährleistung auf 12 Monate begrenzt.

4.4 Please send the package to us ensured and keep your deposit receipt. On request we will credit your porto payment, as far as it is not to be paid by you.


4.5 Before returning the goods please announce the return by calling us under 08067/909938. This will give us the chance of assigning the goods in the fastest possible way.


4.6 Please note, that the conditions referred to in paragraphs 4.4 and 4.5 are not prerequisite in making use of the right of withdrawal.


4a. The freight charges for orders by exercising cancellation right

In the event that you make use of the legal right of withdrawal, you shall bear the regular costs for the return of the goods, you shall bear the regular costs for the return of the goods, if the delivered goods match with the ordered goods and if the price of the reshipped goods do not exceed an amount of 40,00 EUR or if the buyer at a higher price of the good has not rendered the trade-off or the contractual agreed partial payment at the time of the withdrawal. Otherwise, return delivery will be free of charge for you.


5. Price and shipping costs
5.1 The prices stated on the product pages are stated for customers include VAT and other price components. For companies the prices are stated net plus VAT and other price components.

 

5.2 In addition to the prices stated on our product pages, we calculate shipping costs. The shipping costs are clearly stated on the page with the shipping costs, the product pages, in the market basket system and again quite clearly on the order page.


5.3 For payments per cash on delivery an additional fee amounting to 2 EUR is due which the deliverer collects on location. There are no other costs or shipping costs.


6. Delivery

6.1 The delivery takes place only within Germany (with DHL) and to countries of EU. Deliveries to Swizerland are impossible.

 

6.2 The dispatch of the goods follwos within 5 days. Possibly differing delivery times you will find on our product pages.

 


7 Payment

7.1 Payment may be made by cash on delivery, by cash in advance or cash by collection by the customer.


7.3 As soon as delay of payment comes into effect we charge interest on the sales price at an interest rate of 5% plus the current base lending rate. We reserve the right to prove and assert a higher loss due to the default of payment.


7.5 The right to set off a claim is only given when your counterclaim has been legally proved or is uncontested or has been acknowledged by us in written form.


7.6 You may only exercise a right of retention as far as it is a matter of claims resulting from the same contractual relationship.


8. Retention of title

The delivered goods stay our property until they are completely paid.

 

9. Established law

For the business relations and the whole complete legal relations between the parties exclusively the law of the Federal Republic of Germany applies excluding the UN-purchase law (CISG).

10. Warranty

For all articles you will get a warranty extension to 24 months. In the case of commercial use (orders by enterpises), the deadline shall be brought forward by 12 months. Excepted from the warranty is damage, which is attributable lack of care or incorrect care. (fehlerhaften Anschluß, ungeeignete oder defekte Peripherieeinrichtungen). Furthermore the statutory warranty periods shall apply.


11. Place of jurisdiction
Disputes arising from the contract shall be settled in the Rosenheim district court, as far as the customer is an enterprise in terms of § 14 German Civil Code. In all other cases, the statutory place of jurisdiction shall apply.


12. Severability Clause

In case single terms of the contract including these general terms of sale should be fully or partially ineffective inoperative the validity of the remaining terms is not touched hereby. In case of invalid or missing terms, the particular legal regulation will be applied.

 

Further information


Process of order

Once you find the product you want, you can add it to your shopping cart with no obligation to purchase by clicking the button [Add to shopping cart]. You can view the contents of your shopping cart without obligation at any time by clicking the link [Shopping Cart]. Any products in the shopping cart may at any time be dropped again by clicking on the "Remove" button. If you want to buy the products in the shopping cart, click the Order button  [Continue / Checkout]. In a next step you can enter your shipping address an the desired method of payment. Mandatory fields were market with *. There is no need to register. All personal data and payments will be transfered encrypted during the order process (SSL). After entering your delivery and billing address and choosing your preferred method of payment you can continue to the order page by clicking on the buttonorder] you complete the ordering process. The process can be cancelled at all times by closing the browser window. In addition, on each page during the order process there is further information, in particular on how to make changes to your order. [Next], on which you can check your data again for errors. By clicking on [Submit


Your order data
The text of is saved within our internal system. The General Terms & Conditions can be consulted on this page anytime. The actual order data as well as the general terms and conditions are likewise sent to you by email. For reasons of security, your order data will no longer be available via the Internet.

 


© Birgit Maurer, all rights reserved
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