TOS and data protection

Contract partner

Based on this general terms and conditions the contract is concluded between the customer and

Maschinenteil24
represented by Mr. Gerhard Hölle
Address: Maybachstraße 5 in 72348 Rosenfeld, Germany
VAT number: DE 271 763 163

Contractual object

This contract regulates the sale of new and used machine parts via our online shop. For details of the respective offer, please refer to the product description on the offer page.

Conclusion of the contract

The representation of products in the online shop, data carries, and electronic media and other advertising materials is not a legally binding offer but a non-binding online catalog.

The information like pictures, drawings, weights and dimensions or other technical data as well as E-, DIN, VDE norms and data provided does not represent any guarantee to specified qualities and may be adjusted at any time until conclusion. Technical data in the offer shall only represent a guarantee if we described them as a "guarantee" or "assurance". Otherwise they are merely descriptions.

A contract is contracted on electronic commerce by the shop system or other telecommunication like phone or mail. All products and prices shown in this shop represent a nonbinding invitation to make an order. The online ordering process comprises following steps in the shop system:

• Selection of the offer in the desired specification
• Place all goods in the virtual shopping basket
• Click the "Order now" button
• Enter you billing and delivery address
• Choose your preferred payment method
• Checking and editing of all inputs
• Click the "order now" button
• You will receive an automated confirmation e-mail

Orders can also be placed by telecommunication (phone/e-mail). The ordering process to a contract compromises following steps:

• Call our order hotline / send your order mail
• Confirmation e-mail, that your order has been received. The contract is concluded by sending an order confirmation by e-mail.

Reservations

We reserve the right to supply a service equivalent in quality and price. The displayed services in our shop are only exemplary and not individual, contractual services. We also reserve the right not to provide the promised service in the event that it is not available.
The goods remain our property until complete payment has been received.

Prices, shipping costs, return costs

All prices are final prices in Euro and do not include sales tax (value added tax) according to § 19 Abs. 1 UStG. In addition to the final prices, additional costs are incurred depending on the type of shipment, which are displayed before the order is placed. We will pay the costs of entitled return in case of withdrawal. All prices are quoted in Euro and are subjected to change.

Terms of payment

The customers have only following ways of payment: prepayment, invoice on delivery (can be rejected by the provider), payment service provider (PayPal), cash payment on collection or credit card. Other ways of payment are not be offered and will be rejected.
The invoice amount must be paid after receipt of the invoice. The customer is obliged to pay the amount on the invoice within 7 days after receipt of the invoice on the named bank account. Payment is immediately due with date of invoice without deduction. The customer is only in default after receiving a reminder. Any set-off of the customer towards outstanding debts is impossible unless they are undisputed or legally binding.

Terms of delivery

Items will be sent immediately after confirmed receipt of payment. Dispatch will be usually not later than 2 days (except third countries). We engage to deliver the item in Germany on the fourth day after receipt of payment, delivery times to other countries may vary. Usual delivery time will be 3 days in Germany if the item has no explicit different delivery time. We will send your order from our stock as soon as the order is complete. In case of delays we will inform our customer immediately. Are there any permanent obstacles to delivery in particular force majeure or non-delivery by our suppliers despite we made timely a covering transaction and are not attributable to us, we have the right to withdraw from the contract. In this case we will inform our customer immediately and received benefits, especially payments, will be refunded.

Warranty

For the offered services we expect consumers the statutory warranty rights with the relevant regulations of the German Civil Code. Exceptions regarding warranty are following the general terms and conditions.

Guarantee

We offer for our services to the customer a durability warranty of one year.

Instruction according to the german battery law

Batteries can also be returned free of charge to us as the point of sale after use.
The end user is legally obliged to return spent batteries.
Old batteries may contain harmful substances and heavy metals that can be harmful to the environment and health.

The symbol of the crossed-out rubbish bin indicates that batteries must not be disposed of in the household waste.

Additional markings beneath the symbol of the crossed-out rubbish bin refer to the following:

Pb: Battery contains lead.
Cd: Battery contain cadmium.
Hg: Battery contains mercury.

Right of withdrawal and customer service

Exclusion of liability

Customer's claims for compensation are excluded as far as nothing different rises from the following reasons. This also applies for our representatives or agents in the case that the customer is entitled to claim compensation. Excluded from this rule are claims for damages due to injury to life, body and health or in case of substantial contractual obligations which are indispensable for the attainment of the contractual purpose. Also, this does not apply to claims caused intentionally or grossly negligent violation of obligations by the provider, one of our legal representatives or vicarious agents.

Language, Place of jurisdiction, choice of law and salvatorian clause

The contract will be concluded in the English language. The continuing implementation of the contractual relationship will be also in English. The substantive law of the Federal Republic of Germany applies with the exception of the UN Law on International Sales (CISG). Place of jurisdiction is Balingen in Germany, if the purchaser is a merchant, legal entity under public law or a special public fund. We are also entitled to sue in the court that has jurisdiction for the purchaser. Should any provision of these general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision will be replaced with a provision corresponding as closely as possible to the purpose of the invalid provision. The same provision shall apply for any gap of these General Terms and Conditions.

Privacy

In connection with preparation, end, winding up and back winding of a sales contract based on these general terms and conditions data will be collected, stored and processed within the scope of legal provisions. We do not pass personal data to any third parties unless without your consent unless we are legally obligated, or the customer has expressly agreed to in advance. If a third-party company is involved regulations according to the Federal Data Protection Act will be complied. All data provided by the customer during the ordering process will be used only for the purpose of execution of the contract and solely for the purpose provided by the customer. The shipping company which will deliver the items only gets essential data as far as necessary for the order. For the processing of payments, we pass the relevant data to the authorized banking institution. In case of storage periods required by commercial or tax law certain data could be stored up to 10 years. While you visit our online shop data like ip address, date, time, type of browser, operating system or visited pages will be stored but anonymised without allowing and intending to any conclusion about personal data. At the request of the customer personal data will within the scope of the legal regulations deleted, corrected or locked.

Retention of title

I. Retention of title for contracts with consumers

The delivered goods (reserved goods) remain the property of the seller until all claims arising from this contract have been paid in full.

II. Retention of title for business transactions

The delivered goods (reserved goods) remain the property of the seller until all current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

If the customer defaults on payment of the purchase price, the seller has the right to withdraw from the purchase contract and demand that the customer surrender the goods subject to retention of title, provided that the seller has unsuccessfully set the customer a reasonable deadline for payment. This does not apply if setting a deadline is dispensable according to the statutory provisions. The demand for surrender does not simultaneously contain a declaration of withdrawal; rather, the seller is entitled to demand only the return of the goods and to reserve the right to withdraw from the contract.

In the event of conduct in breach of contract, the seller may demand that the customer disclose the assigned claims and the respective debtors, notify the respective debtors of the assignment, and hand over all related documents to the seller, as well as provide all information required by the seller to assert the claims.

The customer undertakes, as long as ownership has not yet been transferred to them, to treat the goods subject to retention of title with care and to insure them adequately at their own expense against fire, water, and theft damage at replacement value (note: only permissible for the sale of high-value goods).

Until the secured claim has been paid in full, the goods subject to retention of title may neither be pledged to third parties nor transferred as security.

If the customer files for insolvency, they must notify the seller immediately in writing. If the goods subject to retention of title are seized by third parties or are subject to other interventions by third parties, the customer is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the seller's ownership rights and to notify the seller immediately in writing so that the seller can enforce his ownership rights. The customer shall be liable to the seller for any judicial or extrajudicial costs incurred in this connection in accordance with § 771 ZPO (German Code of Civil Procedure), unless the third party is able to reimburse these costs to the seller.

Export control, sanctions, and embargoes

The customer is aware that some of the products offered via Maschinenteil24 may be subject to national and international export control regulations as well as economic sanctions and embargoes. This includes, in particular, licensing requirements by the Federal Office of Economics and Export Control (BAFA) and restrictive measures by the European Union, including the European embargo against Russia pursuant to EU Regulation (EU) No. 833/2014 and against Belarus pursuant to EU Regulation (EC) No. 765/2006, as amended.

Deliveries, exports, or other provision of goods, services, or technical information shall be made exclusively in accordance with the applicable regulations of the European Union and the applicable national and international export control, foreign trade, and sanctions regulations. Deliveries to countries, regions, persons, organizations, or institutions that are subject to European Union sanctions, in whole or in part, at the time of ordering or delivery are excluded.

In the event of export or re-export of products purchased via Maschinenteil24, the customer undertakes to comply with all relevant legal requirements. This includes, in particular, the export control regulations of the BAFA, the applicable EU dual-use regulations, and all relevant national and international embargo and sanction regulations.

In particular, the customer shall ensure that no products are directly or indirectly delivered, re-exported, or used in Russia or Belarus. The same applies to other countries or end uses affected by EU sanctions, embargoes, or other restrictive measures.

The customer is responsible for ensuring that all necessary permits, licenses, and official approvals are available for export to third countries. This also includes compliance with any import, use, or approval requirements of the respective destination countries.

The customer warrants that neither they themselves nor any end recipients, users, or beneficial owners named by them are subject to restrictive measures, sanctions lists, or other restrictions imposed by the European Union or other applicable jurisdictions. The purchase of products via Maschinenteil24 is not permitted if the customer or the end recipient is subject to such measures.

The seller reserves the right to reject or suspend orders or to cancel contracts that have already been concluded if there are indications that a delivery could violate applicable export control, sanctions, or embargo laws. The legal provisions valid at the respective time shall always be decisive.