GTC
§ 1 - Validity of the General Terms and Conditions of Business
1.1 All deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. Regulations or supplements deviating from these conditions, in particular individual regulations, require the written form. The customer's terms and conditions shall only apply if they are expressly accepted by us in writing.
1.2 These terms and conditions shall also apply to future contractual relationships. They shall apply irrespective of whether they are referred to separately in individual cases.
1.3 Our general trading conditions are to be queried under
§ 2 - Offer and conclusion of the contract; copyright in our Documents; restrictions on use of documents
2.1 Our offers are subject to confirmation and non-binding. A contract is only concluded when we declare acceptance of the customer's order with order confirmation. A contract between us and the customer shall only be concluded without confirmation on our part if we render the ordered service, the customer accepts and pays for it.
2.2 We may accept orders or commissions from customers within two weeks of receipt by us.
An acceptance modified by us requires the written confirmation of the customer. This must be carried out in writing by the customer within 3 working days.
2.3 Unless otherwise agreed, we reserve title and copyright to quotations, cost estimates, drawings, illustrations, descriptions and other documents and materials provided by us or third parties. Without our express consent, the customer may not make the aforementioned objects accessible to third parties either as such or with respect to their contents. The use of the aforementioned objects and documents as well as reproduction is only permitted to the extent that this is necessary for the conclusion or execution of contracts.
§ 3 - Prices and terms of payment; set-off and rights of retention
3.1 Our prices listed in the price list or on the Internet are net prices to which the VAT rate valid at the time of delivery is added.
3.2 Should the purchase price for the materials required for the execution of an order have increased by more than 10% at the time of the raw material order compared to the time of the offer to our customer or the conclusion of the contract with our customer, the price hereby agreed changes in accordance with the weighting of the material share in the corresponding item.
3.3 The terms of payment agreed in our order confirmation shall apply.
3.4 The invoice amount is due for payment immediately. If payment is made after the due date, interest on arrears of 5% p.a. will be charged; if the buyer is in arrears, we will charge interest on arrears at a rate of 9% p.a. above the respective base interest rate (§ 247 BGB) and a flat rate of 40 Euro, subject to the assertion of further claims. Instead of payment on account, the buyer can pay the
MAY+SPIES GMBH also grant a SEPA basic mandate. The direct debit shall be collected after the agreed period with the agreed discount rate. The period for pre-notification will be reduced to 3 days. The buyer assures to provide for the cover of the account.
3.5 The customer shall only be entitled to set off such claims to which he is entitled that have been legally established or are undisputed. The same applies to the assertion of a right of retention.
§ 4 - Delivery periods, delivery delays, force majeure
4.1 Delivery periods and dates stated by us are non-binding, unless we have agreed otherwise with the purchaser.
4.2 Delivery periods shall be reasonably extended - even within a delay - in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract, insofar as we are not responsible for these. This shall also apply if these circumstances occur at our suppliers.
In the event of force majeure, strikes or lockouts for which we are not responsible and/or shortages of operating materials or raw materials, we shall be entitled to withdraw from the contract which has not yet been fully performed if the aforementioned circumstances, deliveries and services make them impossible not only temporarily and if they were not recognisable at the time the contract was concluded.
4.3 If we are in default with a delivery or service or if a delivery or service becomes impossible for us, a claim for damages on the part of the customer shall be limited in accordance with § 10.
4.4 The customer is not entitled to withdraw from the contract due to delays in delivery for which we are not responsible. If the customer is entitled to a right of rescission due to a delay in delivery for which we are responsible, he shall, at our request, declare in writing within a reasonable period of time whether he wishes to rescind the contract or insists on delivery. If the customer does not make a declaration within the reasonable deadline set, the customer must set us a further reasonable deadline for the performance of our services and may only withdraw from the contract if this deadline has also elapsed without result.
4.5 Insofar as it has been agreed with the customer that our services are not to be rendered at a fixed date but within a certain period, we shall be entitled to deliver or render our services before the expiry of the period. Insofar as a fixed delivery date has been agreed with the customer, we shall be entitled, after having notified the customer thereof within a reasonable period of time before the delivery is made or the service is rendered, to effect premature delivery or service within reasonable limits.
§ 5 - Risk assumption, dispatch
5.1 If the buyer is an entrepreneur, the delivery is "ex works" unless otherwise agreed. Upon leaving the factory/storage, the risk of accidental loss or accidental deterioration or damage to the goods passes to the purchaser. If the buyer is a consumer, the statutory provisions apply.
5.2 Any damaged goods shall only be accepted by the respective carrier after acceptance of the damage by the latter.
5.3 The risk shall pass to the customer if he is in default of acceptance with regard to a delivery or service.
5.4 For orders from € 300,00 net (without VAT) we deliver freight and packaging free within Germany. In the case of express delivery, the buyer bears the additional costs.
For orders under € 300.00 net, the buyer bears the freight and packaging costs of € 8,90
For orders under € 150,00 an additional handling fee of € 6,00 can be charged.
Surcharges (e.g. tolls) are passed on to the buyer irrespective of the value of the goods and the place of dispatch and are shown separately in the invoice.
§ 6 - Execution of Delivery; Use of Third Parties; Default of Acceptance
6.1 Partial deliveries are permissible insofar as they are reasonable for the customer.
6.2 Unless otherwise agreed, we shall choose the cheapest packaging known to us and the cheapest shipping method known to us, unless, at our dutiful discretion, the cheapest packaging or the cheapest shipping method is not suitable for the object of delivery or service.
6.3 If the customer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to all statutory claims for damages and reimbursement of additional expenses in the full amount.
6.4 In addition, the risk shall pass to the Buyer in accordance with Clause 5.3.
§ 7 - Consulting services
If we advise the customer with regard to the suitability and usability of our products, the customer shall be obliged to provide us with all information and documents required for the consultation without being requested to do so. Incorrect statements by the customer and other inaccuracies in an order or in the provision of information by the customer shall be at the customer's sole expense. If we do not expressly confirm to the customer in writing the acceptance of consulting services, a consulting contract shall not be concluded.
§ 8 - Claims for defects
The goods shall be inspected immediately upon arrival at the place of destination. Obvious defects must be reported immediately, in no case later than 8 days after receipt of the goods; hidden defects immediately after their discovery. We assume no liability that the ordered goods are suitable for the purpose intended by the buyer. It is the buyer's responsibility to try this out before processing or use. If the delivery is defective despite all the care taken at the time of the passing of risk, we will, subject to timely notification of defects, at the request of the buyer and after return of the defective goods, repair the goods at our discretion or deliver replacement goods. We shall always be given the opportunity to remedy the defect within a reasonable period of time. If the supplementary performance fails, the purchaser may withdraw from the contract or reduce the remuneration. Minor deviations in the material composition, material mixture, sizing, hardness, supervision, inspection, colour, surface, smoothness, purity and the like shall not be deemed defects. In all other respects, the relevant passages of the "General Terms and Conditions of Sale (AVB) for Paper, Cardboard and Paperboard", as amended, shall apply to the assessment of defects. Claims for defects shall become statute-barred 12 months after delivery of the goods; this shall not apply if a defect was caused or concealed intentionally or by gross negligence or if a culpable defect causes injury to life, body or health.
In the case of returns for which we are not responsible, we reserve the right to reject these or to charge the costs incurred by us to the buyer, i.e. to make the acknowledgement of the return dependent on the assumption of these costs.
§ 9 - Increased and decreased output
9.1 More and/or less quantities of up to 10% are permissible and must be taken into account when calculating the price. They do not entitle the customer to a notice of defects and/or a right of retention.
9.2 The permitted tolerances for the position of matched watermarks are +/- 10 mm, after which the matched watermarks may be shifted by 10 mm in their position and in each direction on the paper.
§ 10 - Liability
We shall be liable in accordance with the statutory provisions for intent and gross negligence, for the assumption of a procurement risk, in the event of guarantees or the assumption of any other strict liability, in the event of liability under the Product Liability Act and in the event of culpable injury to life, limb and health. In addition, we shall be liable in the event of a simple negligent breach of material contractual obligations, i.e. obligations on the performance of which the Buyer regularly relies and may rely for the proper performance of the contract, but in this case limited to the typically foreseeable damage. Any further liability is excluded. Insofar as our liability is excluded or limited, this shall also apply in the event of personal liability on the part of our executive and ordinary employees and other vicarious agents.
§ 11 - Retention of title
11.1 We reserve the title to each delivery item until all claims arising from the business relationship with the customer have been settled, in particular until any current account balance has been settled (balance reservation). In the event of breach of contract by the customer, in particular default in payment, we shall be entitled to withdraw from the contract after a reasonable grace period has elapsed to no avail and to take back or seize items delivered by us. After taking back one or more delivery items, we shall be entitled to sell them; the proceeds from the sale shall be set off against the customer's liabilities - less reasonable selling costs.
11.2 The customer is obliged to keep the delivery item in safe custody for us and to treat it with care. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
11.3 In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can bring an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the judicial and/or extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred.
11.4 The customer shall be entitled to resell or install the delivery item in the ordinary course of business, but not to assign or pledge it as security. He already now assigns to us all claims in the amount of the final invoice amount (including value added tax) of our claims which accrue to him from the resale against his customer or other third parties. The assignment serves to secure our claim to the same extent as the retention of title according to 11.1 of these conditions. The customer remains authorised to collect these claims even after assignment. However, we shall be entitled to collect the claims ourselves if the customer does not meet his payment obligations, is in default of payment, an application is made for the opening of insolvency proceedings or the customer suspends his payments; in such cases we may revoke the authorisation to collect. In addition, we can demand that the customer informs us immediately of the assigned claims and their debtors, provides us with a written declaration of assignment and provides us with all information and documents required for collection of the claim.
11.5 If the delivery item is inseparably mixed or blended with other items not belonging to us, we shall acquire co-ownership in proportion to the value of the items belonging to us (final invoice amount including value added tax) to the value of all mixed or blended items. If the mixing or blending takes place in such a way that the customer's item transfers proportionate co-ownership to us. The customer shall keep the items in our sole or co-ownership in safe custody for us.
11.6 The customer also assigns to us all claims against his buyer or third parties arising from the connection of the delivery item with a piece of real estate in order to secure our claims. 11.4 of this contract shall apply accordingly.
11.7 We undertake to release the securities to which we are entitled at the customer's request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. We are entitled to choose the securities to be released.
§ 12 - Credit protection
12.1 If, after conclusion of the contract, we become aware of circumstances (e.g. through a bank or credit agency) which indicate a lack of ability to pay on the part of the buyer, we shall be entitled to demand advance payment or the provision of security within a reasonable period, but not more than 14 days, and to withdraw from the contract after expiry of the period.
§ 13 - Data protection information
13.1 We treat your personal data confidentially and inform you which personal data we process in accordance with the Data Protection Ordinance (DSGVO) and which rights you have with regard to your data.
When processing data, we observe the DSGVO and protect your personal data.
Data protection officer is Dr. Ralf Schadowski, Krefelderstraße 121, 52070 Aachen.
The supervisory authority responsible for data protection is the State Commissioner for Data Protection and Freedom of Information of the State of North Rhine-Westphalia.
13.2 Personal data processed by us are those that can be related to you, e.g.
* Name, forename Name at birth, date of birth, place of birth, age, sex, marital status, home address, postal address, e-mail address, telephone number, fax number, etc.;
* Identification numbers such as your identity card, passport, driving licence, tax identification number, vehicle number plate, etc.;
* Data of your bank account and about credits etc..
13.3 We will only transfer your personal information to third parties if permitted to do so by law and if it is necessary and you have consented.
Access to data is granted to our employees who are bound to secrecy and to service providers commissioned by us.
13.4 Your stored data will be retained as required by the statutory retention periods.
You have rights to
* Information about personal data concerning you (Art. 15 GDPR);
* Correction of incorrect personal data concerning you (Art. 16 GDPR);
* Deletion of personal data (Art. 17 GDPR);
* Restriction of the processing of personal data (Art. GDPR);
* Opposition to the processing of personal data (Art. 21 GDPR).
13.5 If you have any questions or wish to protect your rights, you can contact our data protection officer or the relevant data protection supervisory authority.
§ 14 - Special features for e-commerce
14.1 The products listed in the online shop represent a non-binding product catalogue. If the customer has selected a product, he can put this by clicking the appropriate button into the shopping cart. The content of the shopping cart can be viewed at any time by clicking the button "shopping cart" without obligation. The goods in the shopping cart can be removed from the shopping cart at any time by clicking on the "Remove article" button. If a customer wants to buy the goods in the shopping cart, he must click the button "Next" and then enter his data. The mandatory fields are marked with a *. The data is transmitted in encrypted form. After entering the data, he is taken to the order page, where he can check his entries again. Changes can be made by clicking the "Back" button or the "Change" button. The order process is triggered by clicking on the button "Order payment". The process can be aborted at any time by closing the browser window before clicking the button "Order payment".
The confirmation of the receipt of the order takes place by e-mail. With this e-mail confirmation the acceptance of the order can also be declared at the same time, so that the sales contract comes off with it. If the receipt of the order is not confirmed and the order is not expressly accepted, then the sales contract comes off with the dispatch of the ordered commodity. If the offer is not accepted by the customer within 5 working days, this shall constitute a rejection of the offer.
A binding contract shall also be concluded prior to this.
* If you have chosen the payment method PayPal. In this case, the contract is concluded at the time of your confirmation of the payment order to PayPal.
* If you have chosen to pay by SEPA direct debit, the contract comes into effect when you issue the mandate.
If you register with us before your order, we save the contract text and you can view your order at any time.
The available contract languages are German, English and French.
14.2 The following payment methods are available for payment
Credit card: with submission of the order you indicate your credit card data. We accept all major credit cards. After your legitimacy as a legitimate cardholder, the payment transaction will be processed and your card will be charged accordingly.
Paypal: During the order process, we will forward you to the website of the online provider Paypal. In order to pay for your order using PayPal, you must be a registered PayPal user or you must first register, validate your login data, and confirm the payment to us. After you checkout, we will request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information will be provided during checkout.
SEPA direct debit procedure: When placing the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit. (Prenotification) By submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be charged. The account is debited after you have received the goods. The period for advance notice of the date of the account debit (prenotification period) is 3 days.
Invoice: You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. The provisions of § 3 on prices and terms of payment, set-off and retention rights apply. We reserve the right to make the purchase on account after a successful credit check and only in accordance with § 12 of our terms and conditions.
§ 15 - Cancellation Policy, Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. In order to exercise your right of revocation, you must inform us, the
MAY+SPIES GMBH, Renkerstr. 32, 52355 Düren,
Phone: 02421 5907-0, Fax: 02421 5907-8500, E-Mail: [email protected]
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
End of the revocation instruction
Sample revocation form
If you want to cancel the contract, please fill out this form and send it back.
To
MAY+SPIES GMBH
Renkerstrasse 32
D-52355 Düren
Phone: 0049 - 2421 590 7 500
E-mail: [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
date_______________
(*) Delete as appropriate
§ 16 - Online dispute resolution
We do not participate in the procedure for alternative dispute resolution in consumer matters pursuant to § 36 VSBG.
§ 17 - Place of Performance, Jurisdiction, Choice of Law, Severability Clause
17.1 Place of performance for the obligations of the seller and buyer is Düren.
17.2 The place of jurisdiction for both parties shall be the court responsible for our headquarters in Düren. German law shall be applied to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
17.3 The invalidity of individual provisions shall not affect the legal validity of the contract and/or these general terms and conditions. The ineffective provision shall be replaced by a provision that comes as close as legally possible to what was economically intended in the sense and purpose of the ineffective clause. The same applies to the filling of gaps.
Status: January 2023