§ 1 General
1. These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between MONSTERTECH GmbH, Davenstedter Str. 123, 30453 Hannover, Germany and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code).
2. The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website.
3. MONSTERTECH GmbH reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against MONSTERTECH GmbH are excluded.
4. The contractual language is German.
When placing an order in the online store, the customer follows the technical steps as described below in detail:
- Click on “Proceed to Checkout” in the shopping basket displayed on the screen
- Redirection to the general order overview page where the customer is guided through the individual stages of the purchase
- Step 1 Selection of “Invoice and Delivery Address” (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);
- Entry of “Invoice Address”;
- If the invoice address and delivery address differ, there is the option to ”Enter a different delivery address” by checking the box
- Step 2 Selection of “Method of Payment” (by clicking on the desired payment method)
- Step 3 In the next stage, the customer is given an overview with the header “All Items of Your Order”
- Completion of order by clicking “Buy now”
The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser
§ 2 Delivery
1. If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
2. All prices are stated seperately excluding and including VAT plus any applicable charges for packaging and carriage.
3. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
4. The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
§ 3 Right of withdrawal
Statutory right of withdrawal
You have the right to withdraw from this agreement within fourteen days without stating a reason. The period of revocation is fourteen days from the date on which the goods were accepted by you or by a third person appointed by you, who is not the carrier.
In order to exercise your right of revocation, you must notify us –
Davenstedter Str. 123
Tel.: +49 511 568 677 99
– accordingly in an unequivocal statement (e.g. letter sent by post, telefax or e-mail) of your decision to withdraw from the agreement. You may use the attached sample revocation form for this purpose, however this is not mandatory. Sending notification of your intention to exercise your right of revocation prior to expiry of the period of revocation shall be sufficient to comply with the period of revocation.
Consequences of withdrawal
If you withdraw from this agreement, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may refuse the refund until the goods have been returned to us or until such time as you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and, at all events, within fourteen days at the latest from the date on which you notified us of your withdrawal from the agreement. The deadline shall be deemed to have been complied with if the goods are dispatched prior to expiry of the deadline.
The immediate costs of returning the goods shall be borne by you.
You shall only be required to compensate any loss of value if said loss of value can be attributed to any unnecessary handling of the goods for the purpose of testing the condition, properties and functionality of said goods.
Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the following cases:
- Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
- Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
- Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
§ 4 Warranty and compensation
1. Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by MONSTERTECH GmbH are not covered by the warranty.
2. Signs of wear and tear from normal use are also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
4. Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
5. The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months unless MONSTERTECH GmbH is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be one year and six months from the transfer of risk, and for used items six months from this date, unless MONSTERTECH GmbH is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health.
6. Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
7. MONSTERTECH GmbH shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of MONSTERTECH GmbH or a vicarious agent (e.g. the delivery service) of MONSTERTECH GmbH. Any further liability for damages shall be excluded. The provisions of the German Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of MONSTERTECH GmbH shall be limited to foreseeable damage.
§ 5 Due date and payment terms
1. Unless otherwise agreed in writing, invoices from MONSTERTECH GmbH must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt of payment.
2. MONSTERTECH GmbH reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
3. If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If MONSTERTECH GmbH is able to prove that greater damages were suffered as a result of the default, MONSTERTECH GmbH shall be entitled to assert the corresponding claims on these grounds.
§ 6 Retention of title
1. If the customer is a merchant within the meaning of the German Commercial Code, the goods supplied shall remain the property of MONSTERTECH GmbH until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, MONSTERTECH GmbH shall reserve the right of retention for the goods until the purchase price has been paid in full.
2. The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of MONSTERTECH GmbH at risk until the purchase price has been paid in full. The customer hereby assigns to MONSTERTECH GmbH any future claims against the buyer in the amount of the purchase price agreed between MONSTERTECH GmbH and the customer, including interest and ancillary payments. MONSTERTECH GmbH accepts this assignment.
§ 7 Place of fulfilment and place of jurisdiction
1. The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
2. The place of fulfilment for all services and products arising from business transactions with MONSTERTECH GmbH shall be Hannover, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
3. If the customer is a merchant, legal person governed by public law or special fund under public law, Hannover shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
§ 8 Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.