Conditions of Use

General conditions of sale MacBRITE GmbH

§ 1 General – Scope of application
(1) Our sales conditions apply exclusively. The terms and conditions of business of the customer or third parties shall not apply, even if we do not contradict their validity in individual cases. This shall also apply if, in the knowledge of the terms of business of the Purchaser or third parties, we execute the delivery to the Purchaser without reservation or refer to a letter which contains or refers to the terms of business of the Purchaser or third parties. Our sales conditions also apply to all future deliveries, services or offers to the purchaser, even if they are not agreed again separately.

(2) Our terms of sale apply only to contractors, legal persons of public law or public special funds within the meaning of § 310 (1) BGB (German Civil Code).

(3) All agreements made between us and the purchaser for the purpose of the execution of the contract are laid down in this contract in writing.

 

 

§ 2 Prices – Payment
(1) Our prices are in EURO ex works. The statutory VAT (amount on the day of the invoice) is not included. It is stated separately in the invoice.
(2) The deduction of a discount shall require a special written agreement.
(3) Unless otherwise stated in the confirmation of order, the invoice amounts shall be payable net without deduction immediately. If the customer is in arrears with the payment, we are entitled to demand interest on arrears in the amount of 8% points above the base interest rate. The assertion of higher interest on arrears and further arrears will remain unaffected.
(4) The customer is entitled to set-off rights only if his counterclaims are legally established, undisputed or acknowledged by us. The same applies to the retention of payments. In addition, a right of retention can only be asserted if it is based on the same contractual relationship.

 

 

§ 3 Delivery
(1) The start of the delivery time specified by us shall require the clarification of all technical questions. The conclusion of a fixed purchase purchase requires a separate written agreement.
(2) Compliance with our delivery obligation presupposes the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
(3) We are entitled to partial deliveries if the partial delivery is usable for the purchaser within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the purchaser does not incur substantial additional costs or additional costs.
(4) If we are in default with a delivery or service or if a delivery or service is impossible for any reason, our liability for compensation shall be limited to the extent permitted by § 6.

 

 

§ 4 Place of Performance – Transfer of Risk – Packaging Disposal
(1) Unless stated otherwise in the order confirmation, delivery ex works has been agreed ex works.
(2) The risk of accidental loss or accidental deterioration of the purchased goods shall be borne by the Purchaser or the freight forwarder, freight carrier or otherwise for the dispatch, at the latest upon delivery of the delivery item (whereby the commencement of the loading process is decisive) To the purchaser. If the Purchaser is in default of acceptance or default, the risk shall pass to the Purchaser at the time at which he is in default of acceptance or default.
(3) Transport and other packaging in accordance with the packaging regulations are not accepted; Except pallets. The purchaser is obliged to ensure proper disposal at his own expense with regard to the non-returned packaging.
(4) Insofar as the delivery is covered by a transport insurance, the purchaser bears the costs incurred for this regardless of whether the insurance was made at the request of the customer or on our own initiative or the initiative of the carrier.

 

 

§ 5 Warranty of Defects
(1) The warranty period shall be 12 months from the transfer of risk. This shall also apply in the event of assertion of recourse claims by the Purchaser pursuant to § 478 BGB, subject to § 479.
(2) The goods delivered must be carefully inspected immediately after delivery to the purchaser or to the third party designated by him. They shall be deemed approved if we have received no complaints about obvious defects or other defects, which were recognizable by an immediate, careful examination within seven working days after delivery of the purchased item. In the case of other defects, the goods shall be deemed approved if we have received no complaints within seven working days after the discovery of the defect or the time when the defect was recognizable to the purchaser in normal use of the purchased item without further investigation.
(3) At our request, the complained object of purchase shall be returned to us freight-free. In the case of justified complaints, we will reimburse the costs of the most favorable shipping. This does not apply to the extent that the costs increase because the purchased item is located in a place other than the place of the intended use. The transfer of the expenses incurred for the purpose of the subsequent performance costs such as, in particular, transport, path and labor costs is excluded insofar as these are based on the fact that the purchased goods are located in a place other than the place of the intended use.
(4) In the case of material defects of the goods delivered, we shall, at our discretion, which is to be taken within a reasonable period, be initially entitled and obliged to remedy or replace the goods. In case of failure of the repair or replacement delivery (ie impossibility, unreasonableness, refusal or unreasonable delay) the customer can withdraw from the contract or reduce the purchase price appropriately. § 478 BGB remains unaffected.
(5) Claims of the customer for damages shall be limited in accordance with the agreements in § 6.

 

 

§ 6 Compensation for damages
(1) Our liability for damages, irrespective of the legal basis, in particular from impossibility, delay, defective or incorrect delivery, infringement of the contract, breach of obligations in the case of contractual negotiations and tortious acts shall be in accordance with § 6 limited. This shall also apply insofar as the customer requires replacement of useless expenditures instead of a claim for compensation. Insofar as the limitations on liability in this section 6 do not interfere, we shall be liable for damages according to the statutory provisions.
(2) We shall not be liable in the event of simple negligence on the part of our organs, legal representatives, employees or other vicarious agents, insofar as this is not a violation of contractual obligations.
(3) Insofar as we are liable for damages according to § 8 (2), this liability is limited to damages which we foresee at the conclusion of the contract as a possible consequence of a breach of contract or taking into account the circumstances which were known to us or which we had Should have anticipated the application of customary diligence. Indirect damages and consequential damages, which are the result of defects of the delivery item, are also only substitutable, as far as such damage is typically to be expected when the delivery item is used as intended.
(4) The above exclusions and limitations of liability apply equally to the benefit of our bodies, legal representatives, employees and other vicarious agents with regard to their personal liability.
(B) for guaranteed characteristics; (c) for liability for injury to life, body or health; or (d) liability for damages arising out of a breach of contract The Product Liability Act.

 

 

§ 7 Reservation of title
(1) We reserve the right to ownership of the purchased item until the fulfillment of all payment claims from the purchase contract.
(2) In the case of a breach of contract by the customer, in particular in the case of a delay in payment, we are entitled to take back the purchased item. The purchaser is obliged to surrender. The withdrawal of the purchase item by us is not a withdrawal from the contract, unless we have expressly stated this in writing. In the attachment of the purchase object by us is always a withdrawal from the contract. After redemption of the goods, we are authorized to use them, the proceeds from the sale must be credited to the liabilities of the purchaser – less appropriate costs of exploitation.
(3) The purchaser is obliged to handle the purchased item carefully. In particular, he is obliged to insure these at his own expense against fire, water and theft damage at his own expense. If maintenance and inspection work is required, the Purchaser must carry it out in time at his own expense.
(4) In case of seizures or other interventions by third parties, the purchaser must notify us without delay in writing so that we can bring an action pursuant to § 771 ZPO. If the third party is not in a position to reimburse us for the court and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred by us.
(5) The purchaser is entitled to resell the purchased item in the ordinary course of business. However, he already assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim arising from the resale against his customers or third parties, irrespective of whether the purchase item has been resold without or after processing Is. The Purchaser is also authorized to collect this claim after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the purchaser fulfills his payment obligations from the revenue collected, does not default, and in particular no application for the opening of insolvency proceedings is filed or a payment has been made. If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, make all the necessary information for collection, hand over the related documents and notify the debtors (third parties) of the assignment.
(6) The processing or transformation of the purchased goods by the customer is always carried out for us. If the object of purchase is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion to the value of the item of purchase (final invoice amount, including VAT) to the other processed items at the time of processing. In addition, the same thing applies to the goods resulting from the processing as for the purchased goods delivered under reservation.
(7) If the object of purchase is inseparably mixed with other objects which do not belong to us, we acquire the co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of the mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the main item, then it is agreed that the purchaser shall transfer us proportionately co-ownership. The purchaser shall store the resulting sole proprietorship or co-ownership for us.
(8) The purchaser also assigns to us the claims for securing our claims against him, which arise through the combination of the purchased object with a property against a third party.
(9) We undertake to release the collateral which is due to us at the Purchaser’s request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.

 

 

§ 8 Jurisdiction – applicable law
(1) In the event that Purchaser is a fully purchaser within the meaning of the Handelsgesetzbuch, a legal person of public law or a public special fund, Hamburg shall be the court of jurisdiction for all disputes arising directly or indirectly from the business relationship between us and the purchaser.
(2) The law of the Federal Republic of Germany shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Convention on Contracts for the International Sale of Goods).

 

 

§ 9 Terms of Payment; Delay
(1) The payment is made alternatively:
In advance,
Paypal
(2) If you choose the payment type Prepayment, we will call you our
Bank connection in order confirmation. The invoice amount is
Within 10 days of receipt of the order confirmation to our account
to remit.
§ 10 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), ie you make the purchase for purposes which are predominantly not attributable to your commercial or independent professional activity, you have a right of revocation under the following provisions.

Right of revocation
You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you must contact us
Name: MacBRITE GmbH
Address: Passauerstrasse 65A
E-mail: mail[at]macbrite.de
Fax: +49 8531 317 278
By means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us or to … immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days.
They bear the immediate cost of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.

Sample Revocation Form
If you want to revoke the contract, please fill out this form and return it.
At
Company: MacBRIE GmbHThermaltake Germany GmbH
Address: Passauerstrasse 65A, 94060 Pocking
E-Mail: support@thermaltake.de
Fax: +49 8531 317 278
I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
Ordered on (*) / received on (*)
Name of consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
date

(*) Delete as appropriate.
End of revocation

(1) The right of revocation does not exist in the case of delivery of goods which are not prefabricated and whose production is subject to an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (eg Your photo and your name), for the delivery of sealed goods which are not suitable for restoration if the seal has been removed after the delivery or when the sound or video recordings or computer software are delivered in a sealed package, The seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to poor packaging.
(3) Please call us back at [+49 8531 317 276] before returning to announce the return. This enables us to assign the products as quickly as possible.
(4) Please note that the conditions set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.

§ 11 Jurisdiction – applicable law
(1) In the event that Purchaser is a fully purchaser within the meaning of the Handelsgesetzbuch, a legal person of public law or a public special fund, Hamburg shall be the court of jurisdiction for all disputes arising directly or indirectly from the business relationship between us and the purchaser.
(2) The law of the Federal Republic of Germany shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Convention on Contracts for the International Sale of Goods).