General Terms And Conditions
§ 1 General, Scope
(1) The following terms and conditions (GTC) govern the contractual relationship between the Voigt MT GmbH and the consumers and entrepreneurs who use the Internet offer and other offers from Voigt MT GmbH (hereinafter "Purchaser"). The terms and conditions relating to the use of the website www.voigt-mt.de and all related sub-domains and sales platforms such as Ebay, Google or Amazon. Whichever is applicable at the time the contract was valid version. The contract language is German.
(2) Within these conditions are natural persons who deal with the Voigt MT GmbH in business relationship, without this can be attributed to their commercial or professional activity. The purposes of these terms and conditions are natural or legal persons or partnerships with legal personality, which shall enter into a business relationship in their commercial or independent professional activity with the Voigt MT GmbH.
§ 2 Conclusion
(1) The offers from Voigt GmbH MT on the Internet represent a non-binding invitation to the buyer is to order from the Voigt GmbH MT goods.
(2) By ordering the desired goods on the Internet gives the buyer a binding offer to conclude a purchase contract from.
(3) The Voigt MT GmbH is entitled to accept this offer within 1 day by sending an order confirmation. The order confirmation will be sent by e-mail. If after the expiry of the period referred to in sentence 1, the offer is rejected.
§ 3 Payment, due date, late payment
(1) The payment of goods made in advance, Paypal and cash on delivery. Payment on delivery is available only for shipping within Germany. We reserve the right to accept certain payment types or exclude.
(2) In case of advanced payment the customer is obliged to pay the purchase price immediately after contract conclusion. When paying by cash buyer to pay the purchase price upon delivery of the goods. For payment on account buyer to pay the invoice immediately or within 14 days of receipt of goods. When paying by direct debit, the debit occurs within one week after the conclusion. When paying by credit card will be charged according to shipping the goods.
(3) If the buyer is in arrears, while he has any negligence. He is liable for the payment for accident, unless the damage would have occurred even with timely performance.
(4) The purchase price is payable during the delay. The interest rate for five percentage points above the base rate. For transactions in which a consumer is not involved, the interest rate eight percentage points above the base rate.
(5) The assertion of further damage is not excluded.
§ 4 Delivery
(1) The delivery is done by sending the purchased item to the given by the buyer address.
(2) The delivery is liable to pay handling and shipping. For international deliveries, the price of packaging and shipping is, unless otherwise indicated, calculated separately by weight. If the buyer requires a special form of dispatching, with the higher costs, he has to bear these additional costs.
(3) If the buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the purchased goods transferred to it once the Voigt MT GmbH the purchased item to the forwarder, carrier or otherwise to execute the dispatch person or institution has delivered.
(4) Service provider: The order processing for the product JTL-eazyAuction takes place via the service provider “JTL-Software” (JTL-Software-GmbH, Rheinstrasse 7, 41836 Hückelhoven). Name, address and, if applicable, other personal data are provided in accordance with Art. 6 Para. b GDPR only passed on to JTL software for processing the online order. Your data will only be passed on to the extent that this is actually necessary for the processing of the order and thus the contractual obligations. Details on data protection at JTL-Software and the data protection declaration of JTL-Software-GmbH can be viewed at the following link: https://www.jtl-software.de/datenschutz.
§ 5 Retention of title
The purchase remains subject to full payment from the Voigt MT GmbH. a pledge, transfer, processing or alteration without express consent of Voigt MT GmbH is not permitted before transfer of ownership.
§ 6 Prices
The price stated in the respective offer for the object of purchase is understood to be the final price including any applicable VAT (e.g. in Germany and the EU) and other price components. Outside the EU, no VAT will be deducted (even if prices are offered partly including VAT, the difference will be used for additional export expenses). The price does not include delivery and shipping costs.
§ 7 Withdrawal
(1) The Voigt MT GmbH is entitled to rescind the contract in respect of an outstanding part of the delivery or performance when false information about the creditworthiness of the buyer has been supplied or apparent reasons for the insolvency of the buyer have emerged, for example. The opening of insolvency proceedings over the assets of the buyer or the dismissal of such proceedings for lack of assets. The purchaser is granted to withdraw the option to make an advance payment or to provide a suitable security.
(2) Without prejudice to any claims for damages, in the case of partial withdrawal already contractually settle rendered partial performance and pay.
§ 8 Cancellation, Withdrawal
Details at: https://voigt-mt.de/Cancellation-Instructions
§ 9 consequences of withdrawal
Details at: https://voigt-mt.de/Cancellation-Instructions
§ 10 Warranty
(1) Warranty for consumers
a) The Voigt GmbH MT responsibility to ensure that the purchased item is free of defects at handover. If, within six months of delivery of the goods in a defect, it shall be presumed that this was already defective upon delivery, unless this presumption is incompatible with the nature of the purchased item or defect. If the material defect after the expiry of six months, the buyer must prove that the defect existed at the time of delivery object.
b) If the purchase is subject to faulty, the buyer has the choice whether the subsequent performance is to take place by repair or replacement. The Voigt MT GmbH is entitled to refuse the chosen supplementary performance if it is only possible with disproportionate costs and the other type of remedy without significant disadvantages for the buyer.
c) If the remedy fails, the purchaser, at his discretion reduce the purchase price (reduction) or cancellation of the contract (withdrawal) and can claim damages. With only minor defects, the buyer has no right of withdrawal.
(2) Warranty for entrepreneurs
a) If the purchase is for the Voigt MT GmbH and the purchaser is a commercial transaction, the buyer must examine the goods immediately on quality and quantity variances and Voigt MT GmbH in writing obvious defects within a period of one week from receipt of the goods; otherwise the assertion of warranty claims is excluded. Hidden defects are the Voigt MT GmbH in writing within a period of one week from discovery. Deadline is sufficient for the timely dispatch. Meets the buyer in this case, the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint. b) In case of defects the Voigt MT GmbH will, at its option by repair or replacement.
(3) The claims of the buyer due to defects expire in two years.
(4) If the MT Voigt GmbH for the purpose of remedy a fault free purchase item, the Voigt MT GmbH may require the purchaser to return the defective purchased item.
(5) any damage caused by improper or contrary to contract by the buyer during assembly, installation, connection, operation or storage, no claim against the Voigt MT GmbH.
§ 11 Limitation of Liability
(1) For other than by injury of life, body or health is liable Voigt MT GmbH only if those caused by willful misconduct or gross negligence or culpable violation of an essential contractual obligation by the Voigt MT GmbH or its agents. Is a contractual obligation, the fulfillment of which renders a correct execution of the contract and on whose compliance with the buyer. Any further liability for damages is excluded. Claims from a given from the Voigt MT GmbH guarantee for the quality of the purchased item and the Product Liability Act remain unaffected.
(2) Service, repair installation or dismantling costs can not be invoked even if the product of Voigt MT GmbH is defective or not fit. This applies to defects in the product as well as wrong delivery. It does not matter if the fault is caused by the purchaser or the Voigt MT GmbH.
(3) Given the current state of the art data communication over the Internet can not be guaranteed error free and / or available at all times. We are not responsible for the availability of our internet shop.
§ 12 Applicable Law, Jurisdiction
(1) All disputes arising from this contract are subject to the laws of the Federal Republic of Germany. For consumers, this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence shall apply. The validity of UN purchasing law is excluded.
(2) If the buyer is a merchant, legal entity under public law or public special fund the exclusive jurisdiction for all disputes arising from this contract the business of Voigt MT GmbH. The same applies if the buyer has no general jurisdiction in Germany or the domicile or habitual residence at the time of action are not known.
§ 13 Severability
If any provision of these GTC be invalid or unenforceable or become, the remaining provisions of these Terms remain unaffected thereof, unless a Party would disadvantage as unacceptable the elimination of individual clauses that you can no longer reasonably be expected to maintain the contract ,
End of the General Terms and Conditions