General terms and conditions with customer information
(The following terms and conditions also contain legal information about your rights as per the statutory provisions governing distance selling contracts and electronic business transactions.)
1.1. The business relationship between MAXFIELD GmbH, Am Berg 5, 74722 Buchen, Germany, Managing Director: Steffen Müller (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) shall be governed exclusively by the following general terms and conditions in the version valid at the time of placing the order.
1.2. Our customer service team can be reached regarding any questions, claims or complaints on weekdays between 9 a.m. and 5 p.m. by telephone +49 (0)2772 92415-0 or email (firstname.lastname@example.org).
1.3. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for a purpose that cannot predominantly be attributed to their commercial or self-employed professional activity (§ 13 German Civil Code (BGB)).
1.4. Deviating terms and conditions of the Customer shall not be recognised unless their validity has explicitly been agreed by the Seller.
2. Products and service specifications
2.1. The presentation of products in the online shop does not represent a legally binding offer, but rather merely an invitation to place an order. Service specifications in the Seller’s catalogues and on their website should not be construed as assurances or guarantees.
2.2. Unless stated otherwise in the individual product descriptions, all offers are valid “while stocks last”. Any responsibility for errors or omissions is hereby excluded.
3. Order process and contract conclusion
3.1. The Customer is able to select products from the Seller’s product range without obligation and to add these to the shopping basket by clicking on “Add to basket”. The Customer may then conclude their order on the shopping basket page by clicking on “Proceed to checkout”.
3.2. By clicking on the “Buy” button, the Customer submits a binding offer to purchase the goods in the shopping basket. The Customer is able to view and alter the information at any time before completing their order. Required information is marked with an asterisk (*).
3.3. The Seller shall then send the Customer an automatic email confirming receipt of their order in which the Customer’s order is again detailed and can be printed out by the Customer using their computer’s “Print” function (order confirmation). The automatic order receipt merely documents that the Customer’s order has been received by the Seller and does not represent acceptance of the offer. The purchase agreement shall only come into effect if the Seller dispatches or delivers the product(s) ordered to the Customer within 2 days, confirms delivery to the Customer within 2 days in a second email, explicit order confirmation, or sends an invoice.
3.4. Should the Seller offer an advance payment option, a contract is entered into upon provision of the bank details and a request for payment. If the Seller does not receive payment within 10 calendar days of sending the order confirmation despite it being due and a renewed request for payment being send, the Seller shall withdraw from the contract with the result that the order becomes void and the Seller is no longer obliged to deliver the goods. The order is then deemed fulfilled for the Seller and Customer without further consequences. Where payment in advance has been agreed, it shall therefore only be possible to reserve a product for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices quoted on the Seller’s website are inclusive of the statutory VAT at the respective current applicable rate.
4.2. The Seller charges shipping costs in addition to the prices stated. The shipping costs shall be clearly communicated to the Customer on a separate information page as well as during the order process.
5. Delivery, availability of goods
5.1. Where payment in advance has been agreed, the goods shall be delivered following receipt of the invoice amount.
5.2. If the products ordered are not all in stock, the Seller shall be entitled to make partial deliveries at their own expense insofar as this is reasonable for the Customer.
5.3. After three unsuccessful delivery attempts due to circumstances attributable to the Customer, the Seller shall be entitled to withdraw from the contract. Any payments already made shall be refunded to the Customer without delay.
5.4. If the product ordered is not available because the Seller has not received this product from their supplier due to reasons beyond their control, the Seller shall be entitled to withdraw from the contract. In such cases, the Seller shall inform the Customer without delay and may offer to deliver a comparable product, as appropriate. If no comparable product is available or the Customer does not want a comparable product, the Seller shall refund any payments already made by the Customer without delay.
5.5. The Customer shall be informed of the delivery times and restrictions (e.g. to certain countries) on a separate information page or in the respective product description.
6. Terms of payment
6.1. The Customer may select their preferred method of payment from the payment options offered during the order process and before completing their order. Customers shall be informed of the methods of payment available on a separate information page.
6.2. Where payment by invoice is possible, the payment must be made within 30 days of receiving the goods and the invoice. For all other methods of payment, full payment must be made in advance.
6.3. Where third-party providers (e.g. PayPal) are tasked with processing payments, the terms and conditions of these providers shall apply.
6.4. If a calendar date is agreed for payment, the Customer shall already be in default if this deadline is not met. In this case, the Customer shall be obliged to pay the statutory default interest.
6.5. The Customer’s obligation to pay the default interest shall not preclude the assertion of further claims by the Seller to compensate for further losses due to the delay in payment.
6.6. The Customer shall only be entitled to offset claims if their counterclaims have been legally established or acknowledged by the Seller. The Customer shall only able to exercise their right of retention if the claims arise from the same contractual relationship.
7. Retention of title
The Seller shall retain title to any goods supplied until they have been paid for in full.
8. Warranty for material defects and guarantee
8.1. The warranty shall be governed by statutory provisions.
8.1. The goods supplied by the Seller shall only be covered by a warranty if this has been explicitly indicated by the Seller. Customers are informed of the warranty conditions prior to placing their order.
9.1. The following exclusions and limitations of liability apply with regard to Seller’s liability for damage compensation, notwithstanding the other legal claim requirements.
9.2. The Seller shall be liable without limitations insofar as the damage is the result of an intentional act or gross negligence.
9.3. Furthermore, the Seller shall be liable for slightly negligent breaches of fundamental contractual obligations that jeopardise achievement of the purpose of the contract, as well as for breaches of obligations whose fulfilment enables proper execution of the contract in the first place and on the fulfilment of which the Customer regularly relies. However, the Seller shall in this case only be liable for the foreseeable damages typical of such a contract. The Seller shall not be liable for slightly negligent breaches of obligations other than those described above.
9.4. These limitations of liability shall not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for the fraudulent concealment of defects. Liability pursuant to the German Product Liability Act (ProdHaftG) shall remain unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this shall also apply for the personal liability of company employees, representatives, and vicarious agents.
10. Saving the text of the contract
10.1. The Customer may print out the text of the contract before submitting their order to the Seller by using their browser’s print function in the last step of the order process.
10.2. The Seller shall also send the Customer an order confirmation containing all details of the order to the email address they provide. The Customer shall receive a copy of the terms and conditions with the order confirmation in addition to the withdrawal policy, information on shipping costs, and the terms of delivery and payment. If the Customer registers with our online shop, they will be able to view the orders they have submitted in their profile. While we store the text of the contract, we do not make it freely available on the internet.
11. Data protection
11.1. The Seller shall only process the Customer’s personal data for the intended purposes and in line with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (e.g. name, email, address, payment information) shall be used by the Seller to fulfil and process the contract. This data shall be treated as confidential and not disclosed to third parties not involved in the order, delivery and payment process.
11.3. Upon request, the Customer is entitled to receive information about their personal data stored by the Seller at no charge. In addition, the Customer has the right to correct inaccurate data, and to block and/or delete personal data insofar as this is not contrary to any statutory retention requirements.
12. Place of jurisdiction, applicable law, contractual language
12.1. The place of jurisdiction and fulfilment shall be the Seller’s registered office if the Customer is a registered trader, legal entity under public law, or special fund under public law.
12.2. The contractual language is German.