General terms and conditions with customer information
- Conclusion of contract
- Prices and terms of payment
- Delivery and shipping conditions
- Right of withdrawal
- Retention of title
- Liability for defects
- Redemption of campaign vouchers
- Applicable Law
- Place of jurisdiction
- Information on online dispute resolution
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Main Elektroservice GmbH" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller about the seller in his Online shop completes the goods offered. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1. The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer submits a binding offer to purchase the goods in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
- Request for payment to the customer after placing the order
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this represents a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking on this button, the seller declares, in deviation from the above regulations, to accept the customer's offer at the time the payment order is issued.
2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text can be accessed free of charge by the customer via his customer login, provided that the customer has opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as setting the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
3.3. The customer can choose the payment methods that are available in the online shop.
3.5. When paying by "SOFORT", payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer needs an online banking account with PIN / TAN that has been activated for participation in "SOFORT", with which he can legitimize himself during the payment process and confirm the payment instruction to "SOFORT" . The payment is carried out by "SOFORT" immediately after the payment process has been completed and the customer's bank account is debited. More information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4. Delivery and shipping conditions
4.1. The delivery of goods on the dispatch route takes place to the delivery address specified by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has appropriately announced the service beforehand. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
4.3. The risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them.
Notwithstanding this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment, if the customer has appointed the carrier, the carrier or otherwise to carry out the shipment Person or institution commissioned with the execution themselves and the seller has not previously named this person or institution to the customer.
4.4. The conclusion of the contract is subject to the proviso that in the event of improper, delayed or non-delivery self-deliveries, it is not, or only partially, or correspondingly later. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the improper, delayed or lack of self-delivery is not the responsibility of the seller and cannot be remedied with reasonable efforts by him. In the event that the goods are unavailable or only partially available, the customer will be informed immediately. Any payment made will be refunded immediately.
4.5. Pickup is not offered.
4.6. Vouchers are given to the customer in the following form:
- by email
- by download
- by post
5. Right of withdrawal
5.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of cancellation.
6. Retention of Title
6.1. In contracts with consumers, the goods remain the property of the seller until they have been paid for in full.
6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns the claims against third parties arising from the resale to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application has been made to open insolvency proceedings against the customer.
7. Liability for defects
With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.
7.1. If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- In the case of new goods, the limitation period for defects is one year from the transfer of risk;
- the statute of limitations does not start again if a replacement delivery has been made within the scope of liability for defects.
7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3. The limitations of liability and shortening of the limitation period regulated above
do not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages culpably caused by the seller from injury to life, limb or health and in the case of grossly negligent or intentional damage
- or in the event of malice on the part of the seller as well as in the event of claims according to §§ 478, 479 BGB.
7.4. The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB
7.5. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligations in accordance with Section 377 of the German Commercial Code.
7.6. If the customer is acting as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects will not be affected if the customer does not comply with this request.
The seller's liability from all contractual, contractual and legal as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1. The seller is only fully liable for damage that can be traced back to willful or grossly negligent behavior.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the seller is also liable in the event of slight negligence.
An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely.
As regulated above, the seller is also liable on the basis of a guarantee promise, unless otherwise regulated in this regard.
This also applies to indirect consequential damage such as, in particular, lost profit and to mandatory liability such as under the Product Liability Act.
8.2. Except in the case of willful or grossly negligent behavior or damage from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations), liability is for the damage typically foreseeable at the time the contract was concluded and, for the rest, for the average damage typical for the contract limited. This also applies to indirect consequential damage such as, in particular, lost profit.
8.3. Incidentally, a liability of the seller is excluded.
8.4. The above liability regulations also apply mutatis mutandis in favor of the employees and vicarious agents of the seller.
9. Redemption of campaign vouchers
9.1. Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
9.2. Promotion vouchers can only be redeemed by consumers.
9.3. Individual products can be excluded from the voucher campaign.
The specific restrictions can be found in the campaign voucher.
9.4. Promotion vouchers can only be redeemed before completing the order process. There is no subsequent billing.
9.5. Several campaign vouchers can be redeemed within one order.
9.6. The goods value of the respective order must at least reach the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
9.7. If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8. The credit of a campaign voucher is neither paid out nor interest.
9.9. The campaign voucher will also not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10. Campaign vouchers are generally transferable.
The seller can deliver with a discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner.
10. Applicable Law
The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
11. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to call the court at the customer's registered office.
12. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be called up on the Internet under the following link:https://ec.europa.eu/odr
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but we are ready to do so.
The offer is divided into 2 areas.
B2B (company to company) and B2C (company to consumer)
The B2B offer is limited to authorized dealers and service points throughout Europe. These must be authorized and activated by the seller.
The B2C offer is accessible to everyone and can be reached without registration and authorization. In individual cases, goods from the B2B area can be offered to B2C by the seller. In this case, the offer is limited to one-time use and the forwarding of the link is prohibited. Unless otherwise agreed, the quantity is to be set exclusively to "1" and resale is also strictly prohibited.
Valid from May 3rd, 2021