Terms & Conditions
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with mendrek.equipment.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Terms of delivery
In addition to the stated product prices, shipping costs are added. You can find out more about the shipping costs in the offers.
We only deliver by dispatch. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
5. Payment
In our shop, the following payment methods are generally available:
Prepayment If you select the payment method advance payment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal.
If you have chosen the payment method PayPal, you must be registered there in order to be able to pay the invoice amount or first register and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
Credit card via PayPal If you have
chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder will be carried out by your credit card company at the request of PayPal and charged to your card. You will receive further information during the ordering process.
6. Right of withdrawal
You are entitled to the statutory right of withdrawal, as described in the cancellation policy.
7. Retention of title
The goods remain our property until full payment.For entrepreneurs, the following applies additionally: We reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – irrespective of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB applies. If you omit the notification regulated therein, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory right to liability for defects shall apply.The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer, which have been included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). The above limitations and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents• in the event of injury to life, limb or health• in the event of intentional or grossly negligent breach of duty and fraudulent intent• in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which is ensured by the may regularly trust contractual partners (cardinal obligations)• within the framework of a guarantee promise, if agreed• insofar as the scope of application of the Product Liability Act is opened. Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation• in the event of injury to life, limb or health• in the event of intentional or grossly negligent breach of duty• in the case of guarantee promises, if agreed, or• insofar as the scope of application of the Product Liability Act is opened. In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Terms and conditions created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.