Maxchip Ltd. & Co KG
Managing Director: Nikola Cahelova
Our general – business – conditions (right-bound contract) AGB’s
§ 1 Scope and provider
(1) These general trading conditions or AGB’s apply to all orders, which you with the on-line Shop of the
Maxchip Ltd. & Co KG
Managing Director: Nikola Cahelova
to do so.
(2) The goods offered in our online shop are exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already now contradicted.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions of Business on the website [specify link]. § 2 Conclusion of contract.
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button [“Order now subject to payment”/”Buy”] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.
(4) A sales contract for the goods is only concluded if we expressly
declare acceptance of the purchase offer (order confirmation) or if we dispatch the goods to you – without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal the acceptance of the order takes place immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping Information” / “Terms of Delivery”].
§ 4 Terms of Payment; Default
(1) Payment shall be made optionally by:
Invoice in advance,
Cash on delivery,
(2) We shall be responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only advance payment to cover our credit risk.
(3) When selecting the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(4) If payment is made by cash on delivery, an additional fee of [X] EUR is due, which the deliverer charges on site. Further costs and taxes do not result. Translated with www.DeepL.com/Translator (free version)
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account will be made at the time we ship the goods to you.
(6) If you pay with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) If you pay by direct debit, you may have to bear the costs incurred as a result of a reverse posting of a payment transaction due to lack of bank account coverage or due to incorrect bank account data transmitted by you.
(8) If you fall into arrears with a payment, you shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless a lower or higher damage is proven in the individual case.
§ 5 Set-off/Retention Right
(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close syntagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not received them correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that you have been informed of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
– We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
– If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be thirty days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of revocation, you must contact us at
Managing Director: Nikola Cahelová
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 sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period. If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges resulting from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such 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 shall return or deliver the Goods to us or to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. The period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their condition, properties and functionality.
This contract agreement AGB is legally binding.