General Terms and Conditions
Terms and Conditions for Private Customers
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Metzger Technik Shop
General Terms and Conditions for Private Customers (Version: 28.06.2022)
§ 1 Scope of application
1.1 All deliveries and services provided by Metzger Technik Shop (hereinafter referred to as "Metzger Technik," "we," "us") for the customer (hereinafter also referred to as "you") are subject exclusively to the following General Terms and Conditions in their version valid at the time of the order. Deviating agreements are only valid if they have been agreed upon in writing between Metzger Technik and the customer.
1.2 Customers within the meaning of these General Terms and Conditions are private customers according to Section 13 of the German Civil Code (BGB).
§ 2 Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. By clicking the "Buy" button in the final ordering process under "Review & Order," you place a binding order for the items in the shopping cart. Before submitting your binding order, you can correct your entries at any time by navigating back through the order steps or using the link that takes you back to the shopping cart.
The confirmation of receipt of your order is sent by email immediately after your order is received. This confirmation does not yet constitute acceptance of the contract.
The contract may also be concluded as follows:
- If you have chosen prepayment as the payment method, the contract is concluded by the immediate dispatch of the order confirmation via email or by requesting payment in the online shop.
- If you have chosen PAYPAL as the payment method, the contract is concluded upon confirmation of the payment instruction.
2.2 If deadlines are specified in working days, these refer to all days of the week except Saturdays, Sundays, and public holidays at our location in Vaihingen an der Enz (Baden-Württemberg, Germany).
2.3 Your personal data and information provided to us are used exclusively for processing orders, delivering goods, and handling payments. The item you ordered will be delivered by a transport company commissioned by us, to whom we will forward your email address to inform you of shipment status via email.
§ 3 Right of Withdrawal
Only consumers within the meaning of Section 13 of the German Civil Code (BGB) have the right to withdraw from this contract within 14 days without providing a reason. The withdrawal period is 14 days from the day you or a third party designated by you, who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us (Metzger Technik GmbH, Bertha-Benz-Straße 1, 71665 Vaihingen/Enz, info@metzger-technik.de, Phone: +49 7042 815180) of your decision to withdraw from this contract by means of a clear statement in text form (e.g., mail, fax, or letter sent by post). You may use the attached sample withdrawal form, but it is not mandatory.
If you withdraw, you are required to return any goods received without delay, at the latest within 7 days from the day of withdrawal.
For the return, the customer bears the costs. The packaging should be such that it prevents damage to the goods. The customer is liable for damages resulting from inadequate packaging. Unpaid returns will not be accepted and will be returned to the sender at the customer’s expense.
If you withdraw, we will refund all payments received from you within 14 days from the day the return is received. We will use the same payment method used in the original transaction unless expressly agreed otherwise.
You are only liable for any loss of value of the goods if it results from handling that was not necessary to examine the nature, characteristics, and functionality of the goods. This also applies to deterioration due to intended use.
§ 4 Delivery and Shipping Costs
4.1 Information on delivery times is available on the respective product offer page in our online shop. We will inform you promptly in case of any delays or early deliveries.
If part of the order is not immediately available due to delayed stock replenishment, remaining items will be delivered without additional shipping charges.
4.2 Metzger Technik is not liable for delivery delays or failure if caused by force majeure or other unforeseeable events at the time of contract conclusion (e.g., operational disruptions, difficulties in material or energy procurement, transport delays, strikes, or customs delays) that are beyond the seller's control.
4.3 Billing and delivery are available within Germany and Europe; other countries upon request. Delivery is made from stock to the delivery address you provide.
4.4 A flat packaging and shipping fee is charged for delivery, which is specified separately for each delivery.
4.5 Guaranteed next-business-day delivery, labeled as "Express Delivery" in our online shop, is only available within Germany. Orders placed after 12:00 PM (CET - Germany timezone) will be processed the following business day after payment is received.
4.5 The minimum order value in our Metzger Technik Shop is €5.00 (goods value).
§ 5 Export Control
5.1 When our products are exported to embargoed countries, customers must verify the final destination of all export orders before dispatch. Knowingly redirecting deliveries of our products to embargoed countries is strictly prohibited by Metzger Technik GmbH. If violated, the customer assumes liability.
5.2 The goods are intended to remain and be used in the initially agreed country of delivery. This does not preclude resale by the customer.
The resale, disposition, or export of the goods, including any associated technology, may be subject to national and/or international export control regulations and licensing requirements due to their nature, purpose, or end destination, particularly for items intended for military or nuclear use or delivery to embargoed countries or listed persons.
By placing an order, the customer declares compliance with such export control regulations in the event of their own exports or resales. The customer also declares that the goods will not be directly or indirectly delivered to countries under embargoes that prohibit or restrict the import of the goods. The customer indemnifies us from all damages resulting from a breach of the above obligations.
§ 6 Prices and Payment Terms
6.1 All prices in our online shop are quoted ex-works in euros (€), plus packaging and shipping costs and including VAT at the current statutory rate.
6.2 Payments must be made in euros (€).
We reserve the right to make deliveries on a prepayment basis by bank transfer. All bank fees are to be borne by the customer and will be charged if deductions are made.
6.3 For prepayment orders, we will provide our bank details via email. Upon receipt, the purchase price must be paid in full within 14 days. We will then dispatch the ordered goods.
6.4 If paying by PayPal, you will be redirected to PayPal’s secure payment form after placing your order. Log in if you already have a PayPal account, or select "Create Account" to set one up. We receive your payment within seconds, and your item will be shipped promptly if available.
6.5 In cooperation with PayPal PLUS, we also offer PayPal, direct debit, and credit card payment options. You do not need a PayPal account for these methods. The debit occurs when we accept your order.
§ 7 Retention of Title
7.1 The ordered goods remain the property of Metzger Technik GmbH until fully paid. Before the transfer of ownership, pledging, collateral transfer, processing, or modification is not permitted without express consent from Metzger Technik.
7.2 If the customer breaches the contract, especially by failing to pay the purchase price due, the seller is entitled to withdraw from the contract under statutory provisions.
§ 8 Warranty
8.1 If products are delivered with obvious transport damage, please report such defects immediately to the carrier and contact us promptly.
Failure to report or contact us has no consequences for your statutory claims, especially your warranty rights. However, it helps us assert our claims against the carrier or transport insurance.
8.2 The warranty does not cover defects resulting from improper use or excessive wear and tear by the customer and does not cover wear parts.
8.3 In the event of defects in the delivered items, Metzger Technik is initially obligated and entitled, at its discretion, to remedy the defect or deliver a replacement within a reasonable period.
The warranty is void if the customer modifies the delivery item or has it modified by third parties without the seller's consent, making it impossible or unreasonably difficult to remedy the defect. In any case, the customer must bear the additional costs arising from the modification.
8.4 For purchases of used items, claims for defects expire six months from receipt of the item or, as specified on the product listing, upon marked price reductions that reflect warranty limitations. If the customer is a full merchant and the ordered service is for their business, claims for defects expire according to statutory provisions.
§ 9 Liability
For damages other than those arising from injury to life, body, and health, Metzger Technik is only liable if these are due to intentional or grossly negligent conduct or culpable violation of essential contractual obligations by Metzger Technik or its agents. Liability for damages beyond this is excluded. The provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is negligently breached, Metzger Technik's liability is limited to foreseeable damages.
Data communication over the Internet cannot be guaranteed to be error-free or available at all times according to the current state of technology. Therefore, Metzger Technik is not liable for the constant and uninterrupted availability of the online shop.
§ 10 Data Protection
Metzger Technik GmbH informs the customer that the data collected during the conclusion of the contract is processed in compliance with the Federal Data Protection Act (BDSG) and the German Telemedia Act (TDDSG). Metzger Technik collects, processes, and uses this data solely to fulfill contractual obligations. These data may also be transmitted for credit checks to authorized agents and carefully selected partners of Metzger Technik in accordance with § 11 BDSG.
§ 11 Dispute Resolution, Miscellaneous
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Vaihingen/Enz. This also applies to third parties liable for the obligations of the customer/buyer.
The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded; German law applies.
§ 12 Address, Identity of the Seller
Address
Metzger Technik GmbH
- Metzger Technik Shop -
Bertha-Benz-Straße 1
D - 71665 Vaihingen/Enz
www.metzger-technik-shop.de
Geschäftsführer: Gerd Metzger
Handelsregister: HRA 730581 Stuttgart
USt.IdNr.:
Steuer-Nr. 55091/02383
Kontakt
E-Mail: info@metzger-technik.de
Telefon: +49 (0) 7042 / 81518 – 0 | Montag – Freitag: 07:30 – 16:45 Uhr (MEZ)