§ 1 General
All deliveries and services which are produced by the Metzger Technik Shop for the customer occur exclusively on the basis of the general terms of business in effect at the time the purchaser placed is order as follows. Deviating regulations have validity only if they were agreed upon in writing between Metzger Technik and the customer.
§ 2 Formation of a contract
The offers of Metzger Technik in the internet constitute a non-binding offer to the customer. In placing an order for the desired goods on the internet, the customer submits a binding order. The prior sale remains. The order confirmation shall be sent via E-Mail.
If our products are exported to embargo countries, the customer must make inquiries about the final country of destination of all export orders before shipment. The deliberate unlawful transfer of deliveries of our products to embargoed countries is prohibited by Metzger Technik GmbH & Co.KG. In case of infringement, the liability is transferred to the customer
§ 3 Delivery
The billing and delivery takes place within Germany and Europe, other countries on request. Deliveries take place from stock and the address indicated by the customer. Term of delivery is generally 10 working days after receipt of the order. This information is without engagement as far as not anything else is agreed. The dispatch take place against packaging and flat shipping rate, which exact amount is labelled separately with each delivery.
For deliveries within Germany:
Shipping costs are generally 5,00 € per order.
For deliveries to other countries within the EU flat charges are among 10,00 € to 15,00 € (Countries: Belgium, Denmark, France, Great Britain, Italy, Liechtenstein, Luxembourg, Holland, Austria, Swiss, Spain). All other EU-Countries and overseas countries on request.
§ 4 Prices
All prices given apply only within Germany. The version, which applies, is the one valid at the time of order placement.
§ 5 Cancellation right
a) Only as a customer, in terms of Section 13 of the German Civil Code the customer within 14 days of receipt of the goods has the right to his declaration of intention to submit the order revoked. Establish-ing any reasons for the same is not necessary and the revocation may be effected in a written-form or by return of the ordered products. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. In the case of a written cancellation, the customer is obliged to return the goods already received within 7 days to Metzger Technik. We recommend before sending back to arrange with Metzger Technik to avoid unnecessary costs and trouble.
b) The customer has to provide value replacement by consumption, disposition, pollution, progressing, modification or deterioration of the goods. This also applies to aggravation of the intended putting into use of the product. If the customer has the goods prior to exercising the cancellation right in use, Metzger Technik is entitled to require the customer compensation. There is no duty to compensate is the customer simply examines the goods and makes no other use thereof.
c) A right of revocation does not exist in the following cases: - the deliveries of goods, provided that the delivered goods used by the customer or a third party - in other cases § 312d par. 4 Civil Code.
§ 6 Payment
Metzger Technik offers the possibility to pay with direct-debit, pay in advance, bank transfer and payment via PayPal.
Further details about the payment
We reserve the right to execute deliveries only in return for advance payment.
The bank charges are completely paid by the customer and will be claimed by deduction back.
§ 7 Reservation of title
All delivered goods remain property of Metzger Technik & Co. KG until the complete payment of the purchase price. Before the conveyance of property it is not allowed a pledge, transfer by way of security, processing or reformation without the express agreement of Metzger Technik not allowed.
§ 8 Guarantee
The claims of the customer against Metzger Technik if defects occur adjust to the provision of the law within the legal terms, insofar as the following regulations don’t arise variations. Damages caused by improper handling or measures contrary to the contract, e.g. installation, connection or storage do not constitute grounds for any claims against Metzger Technik. The inappropriateness and contrary to the terms of the lack of conformity determine themselves in particular according to the delivered goods. Which the purchase of a used good, the claims of the customer expire, in the case of a failure, after one year starting from receipting the good or description of the article corresponding value discount in a given place, by considered guarantee and therefore precluded. If the customer is a registered trader and the delivery of his trade or business, his claims for defects shall lapse upon the expiration by the legal requirements. For marked products, any claims on account of flaws expire by limitation in 6 month on individual case.
§ 9 Limitation of liability
For damages, other than those causing injury to life, body and health, Metzger Technik is only liable in as far as these damages are caused deliberately or due to gross negligence or are due to the culpable of the main contractual obligation by Metzger Technik or the persons assisting in the performance of the contractual obligation. Any further liability for damages is excluded. The provisions of the product liability law shall remain unaffected. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm Metzger Technik. According to the current level of technology data communication via internet cannot be guaranteed to be without errors or available at all times. Metzger Technik do not incur responsibility for the permanent access to our online system, neither for the technical and electronic mistakes created in the process of making the purchase, which do not have any influence on, and in particular for delayed elaboration or acceptance of orders.
§ 10 Data protection
Regarding to the German Data Protection Law and the German Teleservices Data Protection Act the Metzger Technik professional point out that personal data will be collected, used, saved and processed within the framework of conclusion and implementation of the contract. Such data may also be transmitted to affiliated companies of Metzger Technik in pursuance of §11 Federal Data Protection Act or vicarious agents for credit investigations.
§ 11 Others
Should one or more provisions of these general business terms become invalid, the contract as a whole shall not be affected. The ineffectual provision replaced by the legally valid provision. Vaihingen/Enz shall be the exclusive legal jurisdiction is a merchant and to the extent that it is legally admissible, a customer does not have a general legal jurisdiction domestically a customer has relocated his place of residence or usual domicile is unknown at the time of legal action being filed.
Identitity of the seller
Metzger Technik GmbH & Co. KG
Tel. +49 (0) 7042 / 81518 - 0
Fax. +49 (0) 7042 / 81518 - 80
Limited partnership; Place of residence: Vaihingen/Enz; HRA 724226 Stuttgart
Tax ID.: 55092/12859 VAT No.: DE 265924237
Limited: Metzger Verwaltungs GmbH
Place of residence: Vaihingen / Enz; HRB 730581 Stuttgart
General manager: Gerd Metzger
Place of fulfilment and jurisdiction: Vaihingen/Enz