General Terms and Conditions B2B

 

Preamble

 

These General Terms and Conditions govern the contractual relationship between THE METAL LABEL PZ UG (haftungsbeschränkt), c/o TechCode Berlin Innovation Center, Karl Liebknecht-Str. 5, D1 Etage 3, 10178 Berlin, Germany (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Buyer").

 

  • 1 General, scope of application

 

(1) The terms and conditions shall apply to all present and future business relationships with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

 

(2) The General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the Seller, being aware of the Buyer's General Terms and Conditions of Business, fails to comply with the delivery to him without reservation.

 

(3) Legally relevant declarations and notifications to be made by the buyer to the seller after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing in order to be effective.

 

  • 2 Conclusion of contract

 

(1) The offers on the Seller's Internet pages and catalogues are non-binding and subject to confirmation.

 

(2) The quality of the goods ordered is stated in the respective product descriptions. The illustrations may not reflect the products accurately; in particular colours may vary considerably for technical reasons. Pictures serve only as illustrative material and may deviate from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may deviate as usual. The characteristics described here do not represent any defects of the products delivered by the seller.

 

(3) In the case of custom-made products, the Seller reserves the right to make technical and/or design deviations from descriptions and specifications. The same shall apply in the event of deviations in material, dimensions, weight, colour, structure, construction and/or model type (these are only approximate values) which are made by the manufacturer or its suppliers, as well as printing errors and mistakes. If no substantial change is made and if the change or deviation is reasonable for the buyer, the buyer cannot derive any rights from the deviation or deviation.

 

(4) Unless otherwise stated in the order, the Seller shall be entitled to accept this contractual offer within two weeks of its receipt by the Seller.

 

(5) The contract is only concluded with the order confirmation by the seller to the buyer or with the dispatch of the goods to the buyer.

 

  • 3 Delivery period and delay in delivery

 

(1) Goods are delivered exclusively via PayPal or transfer to company’s bank account.

 

(2) Individually agreed partial deliveries as well as additional equipment delivered subsequently at the request of the purchaser shall be invoiced separately in each case.

 

(3) Delivery dates and periods, which may be agreed as binding or non-binding, shall be fixed in writing. If binding force has not been expressly agreed, delivery dates and periods fixed in writing shall not be binding in case of doubt. If subsequently effective changes to the contract are agreed in this respect, all previously agreed delivery dates and periods shall cease to apply at the same time. 

 

(4) The Seller shall only be liable for non-compliance with the delivery periods if he has expressly agreed to a delivery period in writing and if the Seller is at fault. However, a reasonable grace period of at least 4 weeks must be granted in any case first.

 

(5) In the case of limited production capacities, the Seller shall be entitled to make partial deliveries unless the partial delivery is unreasonable for the Buyer.

 

(6) Unforeseen obstacles to performance, in particular due to natural disasters, war, blockade, unrest, riots, official measures, transport disruptions, industrial disputes, difficulties in the procurement of raw materials or supplier parts for which the Seller is not responsible, operational disruptions for which the Seller is not responsible, etc., which stand in the way of timely or proper delivery or performance, extend the delivery times by the duration of the hindrance conditions.

 

(7) The choice of the transport route and the mode of transport shall be made by the seller, whereby responsibility for the cheapest transport shall be excluded.

 

  • 4 Delivery, passing of risk, acceptance, default of acceptance

 

(1) Delivery shall be ex warehouse, where the place of performance is. At the request and expense of the Buyer, the goods shall be shipped to another destination (mail order purchase).

 

(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer at the latest upon delivery. In the case of sale by delivery to destination, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the buyer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk. Delivery or acceptance shall be deemed to have taken place if the Buyer is in default of acceptance.

 

(3) If the Buyer is in default of acceptance, fails to cooperate or delays delivery for other reasons for which the Buyer is responsible, the Seller shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).

 

  • 5 Prices and payment

 

(1) Unless otherwise agreed in individual cases, the Seller's prices valid at the time of conclusion of the contract plus statutory value-added tax shall apply.

 

(2) In the case of sale by delivery to destination (§ 4 para. 1), the buyer shall bear the transport costs. Any customs duties, fees, taxes and other public charges shall be borne by the Buyer.

 

(3) Unless otherwise agreed in writing, all invoice amounts are due immediately. Interest on arrears shall be charged at the rate of 8 percentage points above the respective base interest rate. Interest shall be due immediately. The assertion of a higher damage caused by default remains reserved. The damage caused by default also includes possible currency losses.

 

  • 6 Retention of title

 

(1) The seller retains title to the delivered item until full payment of all claims arising from the delivery contract. This shall also apply to all future deliveries.

 

(2) The purchaser is obliged to treat the object of sale with care as long as ownership has not yet passed to him. If maintenance and inspection work must be carried out, the buyer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the buyer must inform the seller immediately in writing if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse the seller for the court and out-of-court costs of an action pursuant to § 771 ZPO, the buyer shall be liable for the loss incurred by the seller.

 

(3) The buyer is entitled to resell the reserved goods in the normal course of business.

 

(4) The retention of title also extends to the full value of the products resulting from the processing, mixing or combining of the goods, whereby the seller is deemed to be the manufacturer. If the ownership rights of third parties remain in force during processing, mixing or combination with goods of third parties, the Seller shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.

 

(5) The Buyer hereby assigns to the Seller the Buyer's claims arising from the resale of the reserved goods. This assignment shall apply irrespective of whether the object of sale has been resold without or after processing.

 

  • 7 Warranty

 

(1) The basis of liability for defects is the agreement reached on the quality of the goods. The product descriptions designated as such (including those of the manufacturer) shall be deemed an agreement on the quality of the goods.

 

(2) Warranty rights of the buyer presuppose that he has properly fulfilled his obligations to inspect and give notice of defects according to § 377 HGB (German Commercial Code). If a defect becomes apparent during the inspection or later, the seller must be notified of this immediately in writing. If the Buyer fails to properly inspect the goods and/or to notify the Seller of any defects, the Seller's liability for the defect not notified shall be excluded.

 

(3) In the case of goods which have been manufactured individually for the customer, subsequent performance shall be effected at the seller's option either by repair or replacement.

 

(4) The seller shall be entitled to refuse the subsequent performance incumbent upon him until the due purchase price has been paid, unless he is contractually obliged to advance performance.

 

(5) The Buyer shall give the Seller the time and opportunity required for the owed subsequent performance, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective item to the Seller in accordance with the statutory provisions. Subsequent performance shall not include the removal of the defective item or its reinstallation if the Seller was not originally obliged to install it.

 

(6) The goods shall be comprehensively inspected for defects before delivery to the Buyer. Insofar as the Seller has not fraudulently concealed the defect or has assumed a guarantee for the quality of the item, the Buyer's claims for subsequent performance, reduction or rescission in accordance with § 437 No. 1 and No. 2 BGB are excluded.

 

  • 8 Liability, special production according to customer requirements (OEM products) industrial property rights

 

(1) The Seller shall be liable for damages incurred by the Buyer due to intentional or grossly negligent conduct on the part of the Seller, for personal injury and damages in accordance with the Product Liability Act in accordance with the statutory provisions. This also applies to damages caused by vicarious agents of the seller.

 

(2) In the event of simple negligence, the Seller shall be liable only:

 

a) for damages resulting from injury to life, body or health.

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability of the seller is limited to compensation for the foreseeable, typically occurring damage.

 

(3) If the delivered goods have been produced according to drafts or instructions of the customer, the risk of the usability of the goods is borne solely by the buyer. In particular, the seller does not check the correctness of the dimensions and calculations provided by the buyer or the functionality of the goods intended by the buyer.

 

(4) If the delivered goods have been produced according to drafts or instructions of the customer, the seller assumes no liability for the fact that the goods delivered by him do not infringe any industrial property rights of third parties. The customer guarantees that the data transferred to the seller and the custom-made products created on the basis of the data are free of rights of third parties. The Customer shall indemnify the Seller upon first request against all claims raised by third parties due to infringements of industrial property rights. The indemnity also includes the reimbursement of costs incurred by the Seller as a result of legal action/defence.

 

(5) The customer grants the seller the simple and transferable rights of use and exploitation, including all related industrial property rights, to all works delivered or produced for the production of the goods, in particular templates, sketches, technical drawings and embossing stamps, without restriction as to content, time or place. The granting of rights includes in particular the right of reproduction, the right of distribution, the right of exhibition and the right of public accessibility. Furthermore, the granting of rights includes the right to edit and redesign the works.

 

  • 9 Extrajudicial dispute resolution / alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and Art. 36 CDB Act

 

The EU Commission provides an online platform for dispute resolution ("OS platform"), which, according to the Commission, should be accessible via the link http://ec.europa.eu/consumers/odr/ . Insofar as the customer is a consumer resident in the European Union, it is possible to use this platform for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. We are prepared to participate in an out-of-court conciliation procedure. Furthermore, we are obliged to inform you about the existence of this OS platform in this context also via our e-mail address & quot; This email address is being protected from spambots. You need JavaScript enabled to view it. ; to inform.

 

  • 10 Final provisions

 

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

(2) If the purchaser 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 purchaser and the provider is the registered office of the provider. This also applies if the buyer does not have a general place of jurisdiction in Germany or the EU, or his residence or habitual abode is not known at the time the action is filed.

 

 

General Terms and Conditions B2C

 

General terms and conditions, delivery conditions and consumer information within the framework of contracts concluded between THE METAL LABEL PZ UG (haftungsbeschränkt), c/o TechCode Berlin Innovation Center, Karl-Liebknecht-Str. 5, D1 Etage 3, 10178 Berlin, GERMANY - hereinafter "Seller" - and the customer - hereinafter "Customer" or "Buyer".

 

  • 1 Scope of application and general information

 

(1) Subject to individual agreements and arrangements which take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.

 

(2) The customer is a consumer insofar as he concludes the contract for purposes which can predominantly neither be attributed to his commercial or his self-employed professional activity.

 

  • 2 Conclusion of contract

 

(1) The contract is concluded with the customer:

 

THE METAL LABEL PZ UG (haftungsbeschränkt)

c/o TechCode Berlin Innovation Center

Karl-Liebknecht-Str. 5, D1 Etage 3

10178 Berlin

GERMANY

 

(2) The offers on the Seller's Internet pages and catalogues are non-binding and subject to confirmation.

 

(3) With the order the buyer makes a binding offer to purchase the goods listed in the order.

 

(4) Unless otherwise stated in the order, the Seller shall be entitled to accept this contractual offer within two days of receipt.

 

(5) The contract is only concluded with the order confirmation by the seller to the buyer or with the dispatch of the goods to the buyer.

 

  • 3 Subject matter of the contract, quality, delivery, availability of goods

 

(1) Subject of the contract are the goods and services specified by the customer within the framework of the order and the order and/or order confirmation at the final prices specified in the online shop. Errors and omissions are reserved, in particular with regard to the availability of goods.

 

(2) The quality of the goods ordered is stated in the respective product descriptions. Under certain circumstances, the illustrations do not accurately reflect the products; in particular, colours may deviate for technical reasons. Pictures serve only as illustrative material and may deviate from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may deviate in the usual manner. Deviations from the characteristics described here do not constitute defects in the products supplied by the seller.

 

(3) If no copies of the product selected by the customer are available at the time the order is placed, the seller shall inform the customer of this in the order confirmation. If the Product is permanently unavailable, the Seller shall refrain from making a declaration of acceptance. In this case, a contract is not concluded.

 

(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than eight weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.

 

  • 4 Delivery, Prices

 

(1) Unless otherwise agreed, delivery shall always be effected by a suitable transport company at the Seller's discretion. As the articles are made to order, the delivery time is 5 to 8 weeks.

 

(2) The indicated prices are retail prices plus shipping costs. Any taxes, customs duties, fees, import and export duties shall be borne by the buyer.

 

  • 5 Payment

 

The payment takes place exclusively by invoice or prepayment or PayPal.

 

  • 6 Transport damages

 

If the customer is a consumer, he is asked to complain about obvious transport damages immediately to the deliverer and to contact the seller as soon as possible. Failure to make a complaint or to contact the seller has no consequences whatsoever for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company. to be able to do.

  

  • 7 Warranty for material defects

 

(1) The warranty for defects is provided in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB, 633 ff BGB and in accordance with these General Terms and Conditions, in particular § 9.

 

(2) A guarantee exists with the goods supplied by the offerer only if this was expressly delivered in the confirmation of order to the respective article.

 

  • 8 Reservation of title

 

(1) The delivered goods remain the property of the seller until full payment has been made.

 

  • 9 Liability, custom-made products according to customer requirements (OEM products), copyright

 

(1) The Seller shall be liable in accordance with the statutory provisions.

 

(2) If the delivered goods have been produced according to drafts or instructions of the customer, the risk of the usability of the goods is borne solely by the buyer. In particular, the seller does not check the correctness of the dimensions and calculations transmitted by the buyer or the functionality of the goods intended by the buyer.

 

(3) If the delivered goods have been produced according to drafts or instructions of the customer, the seller assumes no liability for the fact that the goods delivered by him do not infringe any industrial property rights of third parties. The Customer shall indemnify the Seller upon first request against all claims raised by third parties due to infringements of industrial property rights. The indemnity shall also include the reimbursement of costs incurred by the Seller as a result of legal action or defence.

 

(4) The customer grants the seller the simple and transferable rights of use and exploitation, including all related industrial property rights, to all works delivered or produced for the production of the goods, in particular templates, sketches, technical drawings and embossing stamps, without restriction as to content, time or place. The granting of rights includes in particular the right of reproduction, the right of distribution, the right of exhibition and the right of public accessibility. The granting of rights also includes the right to edit and redesign the works.

 

  • 10 Text of the contract

 

The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the general terms and conditions are sent to the customer by e-mail. After completion of the order, the order data is no longer accessible via the Internet for security reasons.

 

  • 11 Extrajudicial dispute resolution / alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and Art. 36 CDB Act

 

The EU Commission provides an online platform for dispute resolution ("OS platform"), which, according to the Commission, should be accessible via the link http://ec.europa.eu/consumers/odr/ . Insofar as the customer is a consumer resident in the European Union, it is possible to use this platform for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. We are prepared to participate in an out-of-court conciliation procedure. Furthermore, we are obliged to inform you about the existence of this OS platform in this context also via our e-mail address " This email address is being protected from spambots. You need JavaScript enabled to view it. " to inform.

 

  • 12 Final provisions

 

(1) The contract language is English.

 

(2) The laws of the Federal Republic of Germany shall apply to contracts between the seller and the customers, to the exclusion of the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn.

 

(3) If the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or usual abode is not known at the time the action is filed, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office.

 

(End of the AGB)

 

 

Note: The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g Paragraph 2 No. 2 BGB).

 

 

Cancellation Policy

 

 

Right of withdrawal

 

You have the right to revoke this contract within fourteen days without giving reasons.

 

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.

 

In order to exercise your right of withdrawal, you must inform us ( THE METAL LABEL PZ UG (haftungsbeschränkt) c/o TechCode Berlin Innovation, Center Karl-Liebknecht-Str. 5, D1 Etage 3 10178 Berlin GERMANY Tel.: [phone number] Fax: [fax number] E-Mail: [e-mail address] ) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model withdrawal form, which is not mandatory.

 

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

 

Consequences of revocation

 

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

 

We'll pick up the goods. You bear the direct costs of returning the goods. You only have to pay for a possible loss in value of the goods if this loss in value is due to handling them that is not necessary for checking the condition, properties and function of the goods. The sample revocation form to be attached:

 

Sample withdrawal form

 

(If you want to cancel the contract, please fill out this form and send it back.)

 

On:

 

THE METAL LABEL PZ UG (haftungsbeschränkt)

c/o TechCode Berlin Innovation Center

Karl-Liebknecht-Str. 5, D1 Etage 3

10178 Berlin

GERMANY

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the performance of the following services following service (*)

Ordered on (*)/received on (*)

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for paper communication)

Date

___________

(*) Delete as appropriate.