General Terms and Conditions for the Shop

Manhart

I. General Terms and Conditions

I. General § 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (MANHART via the website) Performance GmbH & Co. KG. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Formation of the contract

(1) The object of the contract is the sale of goods and/or the provision of repair services.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” and make changes there at any time using the corresponding button in the navigation bar. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store on the order overview page. Before submitting the order, you have the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase. By sending the order via the “order with obligation to pay” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.

(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

§ 4 Provision of services for repairs

(1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall carry out this work to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the existing defect on the device as comprehensively as possible and make the defective device available.

(3) You shall bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including sending the device for shipment, will be carried out within 5 – 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).

(5) If you make use of your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if the statutory right of revocation exists, this shall only apply if you only exercise your right of termination after the expiry of the revocation period. You reserve the right to prove that we have actually incurred no or significantly lower costs.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

(a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

(b) In the event of defects, we shall provide warranty at our discretion by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of

In the event of rectification of defects, we do not have to bear the increased costs arising from the transportation of the goods to a place other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II Customer information

1. identity of the seller

MANHART Performance GmbH & Co. KG
Uellendahler Straße 484
42109 Wuppertal Deutschland
Telefon: 004920294624445
E-Mail: info@manhart-performance.de

Alternative Streitbeilegung: Die Europäische Kommission stellt eine Plattform für die außergerichtliche Online-Streitbeilegung (OS-Plattform) bereit, aufrufbar unter https://ec.europa.eu/odr.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1 The contract language is German

3.2 The complete text of the contract will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and terms of payment

5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.

5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment shall be at your risk.

7. Statutory liability for defects

Die Mängelhaftung richtet sich nach der Regelung “Gewährleistung” in unseren Allgemeinen Geschäftsbedingungen (Teil I).

8. Termination

8.1 Information on the termination of the contract and the termination conditions can be found in the regulations on “Repair services” in our General Terms and Conditions (Part I) and in the respective offer.

These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

Last update: 16-07-2024