General terms and conditions (GT&C) of sale for the "MaxMartin" Limited Trading Company

(Valid from 18.01.2013)

1. Disclaimer

2. General information

3. Ordering process, altering or cancelling order

4. Contractual language

5. Prices

6. Right of withdrawal / cancellation

6.1 Right of cancellation for consumers from Austria and EU (excepting Germany)

6.2 Right of cancellation for customers from Germany

6.2a Costs arising from claim of right of cancellation for customers from Germany

6.2b Cancellation policy for customers in Germany

6.3 Advice for ensuring the smooth completion of the return of goods

7. Methods of payment

8. Default of payment

9. Conditions of ownership

10. Privacy of Data

11. Warranty period, liability, guarantee

12. Law and court of jurisdiction

13. Place of performance

14. Copyright

15. Delivery

16. Delivery period / Delays

17. Transport and shipping costs

18. Storage of contract

19. Miscellaneous

 

  

1. Disclaimer

Media owner and publisher:

"MaxMartin" Ltd Trading Company
Pürnstein 43a
A-4120 Neufelden
Austria

Telephone: +43 (0) 7282 / 7870 - 0
Fax: +43 (0) 7282 / 7870 - 490
Information, data provider and complaints to: office@maxmartin-shop.com
Internet: www.maxmartin-shop.com

Authorised Managing Director: Mrs Martina Priglinger
Address: see MaxMartin Ltd above
Registered entry/Commercial Registry No.: 245710 p
Company Registration: Commercial Court Linz
Sales tax identification number according to § 27a sales tax law: ATU 57774803

Member of the Austrian Chamber of Commerce, Section Trade
Headquarters: 4120 Neufelden, Austria
Legal form: Ltd. (Limited liability Company)
Regulating Authority: Magistrate of the City of Linz/Danube
Commercial Regulations: Regulating Code (www.ris.bka.gv.at)
Voluntary Code of Conduct: www.euro-label.com

Type of business: Trading company

 

2. General Information

These General Terms & conditions apply to the sale and delivery of goods by our company. Alternative conditions for the purchaser are only valid if they have been approved by us in writing or with a legally binding company seal.
By submitting an order, the customer has agreed to accept our General Terms and Conditions and the provisions regarding the right of withdrawal/cancellation in their entirety and without reservation.
The choice of our range of products is non-binding. The purchase order placed by a legally competent client (person over 18 years old) is regarded as conclusion of a contract of sale.
The following confirmation
of receipt of order which is then sent out by us does not constitute acceptance of the offer. The purchase contract only becomes valid when we deliver the goods ordered or after the sending of a second Email to confirm the order.
All offers on our website are subject to change, non-binding and only available while supplies last.
Decorative items, accessories and other objects included in literature, advertising or promotional images of our products, (unless otherwise stated in writing) are not included in the scope of delivery.
Our offer is limited to the following territories: Germany, Austria, France, Belgium, Italy, Luxembourg, the Netherlands, United Kingdom, Ireland, Denmark, Sweden and Finland.
For other European countries, with the exception of Switzerland, we will be glad to prepare an individual quotation.

 

3. Ordering process, altering or cancelling order

Once you have selected the desired product, you can place it without obligation into the shopping basket by clicking the button [add to basket]. The contents of the basket can be viewed without obligation at any time by simply clicking the [my basket] button. You can remove products from the basket at any time by clicking the button [X] (clear). If you have decided to buy the products in your basket, click the [Next] button. You will then be requested to enter your personal data.
Your data will be encrypted for transmission. After entering your data and selecting the method of payment, by pressing the [Continue] button you will proceed on to the order page where you can re-check your data once more. By clicking the [Buy] button you complete the ordering process. By pressing the "back arrow" of your browser you can return to correct the entries.
The ordering process can be cancelled at any time by simply closing the browser.

 

4. Contractual language

The contract contents, all other information, customer service, data, information and handling of complaints are all submitted in the German language.

 

5. Prices

The valid prices are those listed at the time of placing the order including VAT plus all expenses incurred by transport and shipping. These are visible prior to confirming the order in the shopping basket and afterwards in the order confirmation sent to the customer. If in the course of shipping, additional export or import duties must be paid, this will also be charged to the customer (for further information, please contact your local customs office).

Payment must be made in Euros or for the United Kingdom in Pounds Sterling.
The minimum order value is € 50, -.

 

6. Right of withdrawal / cancellation

6.1 Right of cancellation for customers from Austria and EU (excepting Germany)

The compulsory period for withdrawal for the customer in accordance with the Consumer Protection Act for long distance sales of good is 14 days. This period begins with delivery of goods and receipt by the customer, by services provided the deadline is the date of completion of contract. The day on which the deadline begins (conclusion of contract or receipt by the customer) is not included. Withdrawal can be made without giving any reasons in writing, by e-mail or letter to our company within the withdrawal period at the address below:

MaxMartin Ltd Trading Company
Pürnstein 43a
A-4120 Neufelden
office@maxmartin-shop.com

The customer has no right to withdraw from contracts relating to the following:

  • Services, agreed upon by the consumer which began within the withdrawal period,

  • Goods or services, the price of which is dependent on the financial markets and over which our company has no influence,

  • Goods which have been produced according to customer specifications, which have been clearly tailored to meet the customers personal needs, which are due to their condition, appearance or workmanship not suitable for return, or those which can quickly spoil or whose date of expiry has passed,

  • Audio or video recordings or software, once the seal of the delivered goods has been opened by the consumer,

  • Newspapers, periodicals and magazines with the exception of contracts for periodicals printed material,

  • Betting and lottery services as well as

  • House deliveries or leisure services.

If the customer cancels the contract, the contractor must, step by step reimburse the customer for payments made and compensate the customer for all necessary and expedient expenses incurred in the matter. The customer must return the goods received and reimburse the contractor a reasonable fee for use and services received, including remuneration for any wear and tear and associated reduction in value of the goods. The receipt of goods or services by the customer shall not in itself be regarded as a ground for devaluation.

Goods
with a value of up to € 100, - are to be returned by the customer at their own expense and risk.

Goods
with a value of over € 100, - will be picked up by us from the customer at our own cost.

If the customer is a business in acc. § 1 UGB, then the right to revoke the order can be ruled out completely.

 

6.2 Right of cancellation for customers from Germany

6.2a Allocation of costs arising from cancellation for customers from Germany

If the customer exercises the right to cancellation in acc. with point 6.2b below, the customer must bear the cost of returning the goods if the goods delivered are those that were ordered and if the price of returning the items does not exceed € 100, - or if, in the event of the price of the goods being higher at the time of cancellation, the consumer has not yet paid for the goods or made a deposit in accordance with the contractual agreement.. Otherwise, the return is free of charge.

The following “Information regarding the right of cancellation” – the legally required notification text - provides information on the following:

  • Prerequisites

  • Exercising of rights

  • and consequences of the right of cancellation

6.2b Cancellation policy for customers in Germany

Information regarding the right of cancellation

Right of cancellation

You can cancel your contract within the 14 day deadline without declaring any reasons, either in writing (e.g. by letter or e-mail) or if the goods have been delivered - by returning the goods before the expiry of the deadline. The time limit begins after receipt of this notice in written form, but not before receipt of the goods(in case of recurring deliveries of similar goods, not before receipt of the initial delivery) and also not before fulfilling the obligation to inform in acc. article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as our duty in acc. § 312g para. 1 clause 1 BGB in connection with article 246 § 3 EGBGB.
Your right of cancellation is ensured if the written cancellation and/or the return of the goods take place within the time limit.

The letter of cancellation is to be sent to:

“MaxMartin” Ltd Trading Company
Pürnstein 43a
A-4120 Neufelden
office@maxmartin-shop.com

Consequences of cancellation

In the case of a valid cancellation both parties have to return the goods/payments received and profits, if applicable (i.e. interest) shall be reimbursed. If the goods cannot be returned in the condition in which they were delivered, the customer is required to make a financial compensation for devaluation. This however does not apply if the condition of the goods is such as it would be in any shop after a legitimate inspection of the goods by the customer. The customer can avoid the obligation to provide compensation for devaluation by not using the goods for the purpose they were originally intended and by refraining from doing anything that could impair their value. The customer does not have to pay the costs of returning items if the goods delivered do not match the items ordered.
Transportable items which can be returned by parcel carrier are to be returned at our risk. The customer must bear the cost of returning the goods if the goods delivered are those that were ordered and if the price of returning the items does not exceed € 100, - or if, in the event of the price of the goods being higher at the time of cancellation, the consumer has not yet paid for the goods or made a deposit in accordance with a contractual agreement for payment by instalment. Otherwise, the return is free of charge. Items too large to be returned by parcel carrier will be fetched directly from the customer. Obligations for the refund of payments must be made within 30 days. The deadline begins for the customer with the dispatch of the notice of cancellation or return of goods, for the contractor upon receipt.

Your right of cancellation shall expire prematurely if the contract, upon express request, has been executed in full by both parties prior to your exercising your right of cancellation.

End of information regarding the right to cancellation

 

6.3 Return of goods

When returning goods the customer must ensure that these are, either still in the unopened original packaging or packed in a manner as near as the original packaging and securely sealed for safe return. Goods cannot otherwise be collected by the shipping company. The "MaxMartin" Ltd Trading GmbH reserves the right to charge for damages incurred during repatriation, which result from improper packaging of the goods by the customer by retaining a remittance from payment already made.

 

7. Methods of payment

We accept the following methods of payment:

 

Austria:

  • Credit Card (MasterCard, Visa or Diners Club)

  • PayPal

  • Bank transfer (Prepayment)

  • Cash on Delivery

  • Payment by instalments

Germany:

  • Credit Card (MasterCard, Visa or Diners Club)

  • PayPal

  • Bank transfer (Prepayment)

  • Cash on Delivery

United Kingdom, Denmark, Sweden and Finland:

  • Credit Card (MasterCard, Visa or Diners Club)

  • PayPal

Other Countries:

  • Credit Card (MasterCard, Visa or Diners Club)

  • PayPal

  • Bank transfer (Prepayment)

Credit Card

When paying by credit card the amount will be debited at the time the order is accepted by "MaxMartin" Ltd Trading Company. By credit card payment, the customer must give the following information: name of cardholder, card number, credit card company, date of expiry of card, CVV code. The data is transmitted via SSL encryption with 128 bit key and will not be visible to unauthorized persons. The processing of credit card payment is carried out by our payment partner Wirecard (www.wirecard-cee.com).

Bank transfer (Prepayment)

When using bank transfer as payment method, the customer must make the transfer payment within one week upon receipt of order confirmation. Delivery will be made only after receipt of payment.

Cash on Delivery (C.O.D.)

The delivery personnel will collect the amount on the invoice plus a collection fee of € 21, - upon completion of delivery.

Payment by instalments

Together with our financial partner, the Santander Consumer Bank Ltd, Donau-City Straße 6, 1220 Vienna (FN 62610z, HG Vienna, DVR: 0043656, UID-Nr.: ATU 15350108), we are able to offer an online financing for payment by instalments from a minimum order value of at least €100,- here in Austria. Essential requirements for this form of payment are adequate credit, a minimum age of 18 years, a permanent address and employment in Austria. Further information concerning this financial arrangement can be found in our secure shopping. The delivery will commence upon approval and release by the Santander Consumer Bank.

 

8. Default of payment

In the case of delay or default of payment, the MaxMartin Ltd Trading Company is entitled to demand an interest payment to the value of 5% p.a. above the base lending rate.

 

9. Conditions of ownership

We retain ownership of the service or goods supplied or processed by us or the media created by us until all payments arising from the business transaction with the customer. If nevertheless, the customer sells goods that are still our property; the retention of proprietary rights shall be transferred as well. The customer must notify us immediately of any third party access to our proprietary rights. Seizure of, pledges or the granting of security interests or relinquishment of the reserved goods or the assigned claims is only allowed with our express permission. In the case of default of payment and immediately after the serving of a reminder no payment is forthcoming; the customer must surrender the right of ownership of the goods immediately to us. All costs arising from cancellation in such cases are the financial responsibility of the customer.

 

10. Data protection

The protection of the privacy of our customer’s personal data is very important to us. We provide detailed information below, on how we deal with your data.

Collection and processing of your data

Customers can visit our website without disclosing any personal information. If customers wish to purchase goods or make use of certain features on our website, personal data will be collected.

Input of personal data

In order for you to purchase goods from the shop and to assist us in processing your order, we require the following information from our customer: Christian name, Surname, home address, city, street, postcode and country, telephone number and e-mail address. We require the last two pies of information in case we need to quickly contact customers for further information and requests in connection with your order.
If payment by credit card is selected we will require the following additional information: credit card type, credit card number, date of expiry and the check digit on the back of your credit card. Personal data collected for payment by credit card is handled solely by our payment partner company Wirecard (www.wirecard-cee.com).

Our payment partner encrypts your credit card information using SSL (128 bit) for data transmission.

Your personal information, provided in regard to your application for financing (payment by instalment) remains completely in the possession of the Santander Consumer Bank. MaxMartin has no entitlement to view this data, we will only be informed as to whether Santander Consumer Bank has accepted or declined your loan application.

Use and transmission of your data

We use the information we collect from you only to fulfil the purchasing contract and in strictly accordance with legal regulations. To this effect we only share your information where it is appropriate to fulfilling the contract, which is with other companies such as Transport carriers contracted by us to deliver your goods. These companies may only use your data to process your order and for no other purpose and are contractually obligated by us to comply with the statutory provisions on data protection.
However in the event
of legal proceedings, an administrative order or an official investigation we are legally obliged to provide the relevant data available to the Authorities.

Storage of contracts

The content of your contract is saved upon when completion of your purchase and will be sent to you as confirmation of order by e-mail. Your order details are for reasons of security no longer accessible over the Internet.

Use of Cookies

We use cookies to make our website more attractive for visitors and to allow the use of certain functions. Cookies are small simple text files that are stored on your computer.

These cookies remain on your computer and allow us to recognize your computer during your next visit (long-term cookies). These cookies require Google Analytics to store data for the analysis of the use of the site. The cookies generated have an expiration time of max. 24 months. You can set your browser so that you are informed of cookies, decide on a case by case basis whether to accept or exclude the acceptance of cookies. Should you refuse to accept cookies, the functionality of our site may be limited. Under ‘Help’ in your browser, you will find a description of how you can set your standard web browser to accept or refuse cookies.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookie about your use of this website (including your IP address) is sent to a Google server in the U.S. and stored there. Google uses this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other information regarding website activity and internet related services. In addition, Google may also transfer this information to third parties, as long as this is permitted by law or if third parties have been employed to process this information on behalf of Google. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by changing the settings on your internet browser, we would point out however, that in this case you can no longer use all the features offered by this website.

In order to use our shopping basket, the use of cookies must be allowed! If you do not wish to accept cookies you can also order by phone or e-mail.

Every time a file in the shop is accessed data is stored. The data stored about you is used solely for statistical purposes. Disclosure of this data in part or whole to third parties is strictly ruled out by us.

Data security

Your purchase data is encrypted using SSL technology and processed over the Internet. We secure our website and other systems with technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons.

Access to personal information

You have the right to freedom of information regarding your stored data, and the right to correct, block or delete such information where this is legally permissible.

Data security information

If you have questions regarding the collection, processing or use of your personal data, please write to our Data Security Administrator:

Mr Arno Pirngruber,
Pürnstein 43a,
A-4120 Neufelden
arno.pirngruber@maxmartin.at

 

11. Warranty period, liability, guarantee

The warranty period is limited to the statutory period of 24 months from the receipt of goods by the buyer or in the case of services on the date of the order. In the case of claims on justifiable defects either, replacement free of charge, or improvement are to be made within a reasonable period of time. If a replacement or an improvement is not possible (due to unacceptably high costs or unreasonable delay) the purchaser is then entitled to a price reduction or if the defect is major, termination of the contract (annulment).
Should the manufacturer of a product which has been ordered through “MaxMartin” Ltd Trading Company offer a longer warranty period for the reliability of the goods, the MaxMartin Ltd Trading Company agrees to negotiate any claims for liability with the manufacturer on behalf of the customer.
Should defects
occur, these must be declared upon delivery or as soon as they become apparent. If the purchase is by a commercial business customer (B2B), the customer has a 2 week period upon receipt of delivery in which to examine the goods and immediately report any defects found.
Our company is only liable for damages arising in cases of wilful intent or gross negligence. This does not apply to personal injury or damages resulting from consumer business. It is the responsibility of the injured party to prove the existence of minor or gross negligence, unless as a result of consumer business.
The replacement of (defects) subsequent damages, and other damages, economic losses and damages to the customer arising from third parties, provided it is not as a result of a consumer business, are hereby excluded.
Our company as the operator of the Web shop named in the disclaimer provides services with utmost care and attention and is not liable for the services offered or ordered by or from third parties.
Claims against the guarantee are to be made against the guarantor (the manufacturer / also the seller, if this also happens to be the manufacturer) and correctly asserted according to the provisions therein. Claims against the guarantee will have no effect on the customer’s rights regarding the statutory warranty period in any way.

 

12. Applicable law and place of jurisdiction

The parties agree to the application of Austrian law. The UN Sales Convention and the provisions relating to the UN trade law are hereby expressly excluded.
For consumers inside the EU the applicable national consumer laws have priority, unless the respective Austrian provisions are more favourable to the consumer.
For
contracts with other companies, it is agreed that our business office is the place of jurisdiction. For transactions with consumer’s resident in one of the EU member states, we accept the local national courts as being responsible for all civil disputes.

 

13. Place of performance

The address of our Company headquarters applies as place of performance for fulfilment of contractual obligations for contracts with all other companies.

 

14. Copyright

All the messages, graphics and the design and content of our website are intended solely for the personal information of our customers. Use is at your own risk. All data in this publication are protected by copyright. The reproduction, copying, and printing of the entire website or any parts thereof are only permitted for the express purpose of ordering from our company. Any further processing, copying, distribution and / or public reproduction exceeds the bounds of normal use and constitutes a violation of copyright.

 

15. Delivery

Should all items ordered not be immediately available for dispatch, those goods that are in stock will be delivered immediately and the rest will be sent as soon as they are available. The delivery costs for partial delivery will be invoiced only once per order.
Transport and shipping will be carried out by forwarding agent, parcel or postal service.
Unless otherwise agreed, the goods will be delivered to the address provided by the customer. The customer, or an authorised representative designated by the customer must take possession of the goods there. Unless agreed separately in writing, delivery can only take place within Germany, Austria, France, Belgium, Italy, Luxembourg, the Netherlands, United Kingdom, Ireland, Denmark, Sweden and Finland.
MaxMartin Ltd trading company accepts no responsibility for loss or damage incurred in transit; this is the sole liability of the carrier responsible for delivery. It is the responsibility of the customer upon receipt to check that all the packages including contents are complete and undamaged, make a note of any visible damage and / or missing items and confirm this in writing on the delivery note. This must be verified by the counter-signature of the driver!

 

16. Delivery period / Delays

Delivery is made by us under the provision that we are also supplied punctually and correctly and failing this we are not responsible for the resulting lack of availability. Unless otherwise agreed or stated, we will deliver - assuming availability of stock – within 5 to 21 business days after receiving your order.
For payment by bank
transfer (prepayment), the delivery time begins upon receipt of the payment. By payment by instalments, the delivery period starts following confirmation by the Santander Consumer Bank.
If we cannot
meet the delivery times agreed upon, we will notify the customer by e-mail or telephone. If the customer does not agree with the delay, they are entitled to withdraw from the contract without any restrictions.
Where delivery is too made by forwarding agent, the agent is responsible for informing the customer as to the approximate time of delivery. The customer is required to be of assistance to the carrier where heavy items have to be unloaded. Point of transfer of goods is the kerbside. The delivery address must be accessible for a 38 ton truck (minimum width 2.7m).
Please
note that only the first delivery appointment is free of charge. Should it be necessary due to the fault of the customer, to make further delivery attempts, the customer is responsible for the additional costs which are charged by the carrier.

 

17. Transport and shipping costs

Transport and shipping will be carried out by postal service, parcel service or forwarding agent.
Within Germany (including the Isle of Sylt), Austria, France, Belgium, Italy, Luxembourg, the Netherlands, United Kingdom, Ireland, Denmark, Sweden (up to 60 Latitude without transport surcharge) and Finland (up to 62 Latitude without transport surcharge), in each case excluding islands, we will provide delivery free of charge (to kerbside).
If you require delivery to an island, please contact us with for further information regarding delivery surcharges!
For orders purchased Cash on Delivery, an additional handling fee of € 21 will be charged.

 

18. Storage of contract

Following the conclusion of the contract, the contents of the contract will be stored by us and forwarded to the customer upon request. The details of the purchase order can also be printed out immediately after completion of order. The page, "My Shopping basket" can be used expressly for this purpose or send us an email request for "Order Confirmation".

 

19. Miscellaneous

The contractual partner waives the right to compensation. However, this does not apply to consumers. We recommend that statements, legal appeals etc. excepting notifications of defects - be addressed to us in writing.
We recognize and accept the Internet ombudsman as mediating service for resolving out-of-court disputes.
If you have further
questions concerning mediation, please contact our customer service:
office@maxmartin-shop.com or contact the Internet ombudsman directly at: www.ombudsmann.at.
Voluntary Code of Conduct: www.euro-label.com