Terms and Conditions

§ 1 Seller, Webshop, Consumer, Resellers, Customers

(1) “Seller” as used in these Terms and Conditions and thus the Contracting Party is the operator of the Webshop: Straub GmbH (Amtsgericht [District Court] Mannheim: HRB 570014, Tax ID No. DE 811205632).

Address:
Straub GmbH
Otto-Schott-Strasse 33
D-97877 Wertheim

Contact:
Email: shop@marbert.de
Service Hotline: +49 (0) 9342-8802 - 34
Facsimile: +49 (0) 9342 8802-9934
The normal call rates from the caller’s phone service provider apply.

Service Hours:
Monday through Friday: 9:00 AM to 5:00 PM

(2) “Webshop” as used in these Terms and Conditions means the internet sales platform operated by Seller at the web address http://www.marbert.de/Impressum/.

(3) To the extent that these Terms and Conditions mention “Consumers,” this refers to individuals completing a legal transaction that is neither a part of their business nor of their self-employed professional activities.

(4) On the other hand, “Resellers” refers to individuals and non-incorporated companies acting, with legal capacity, on behalf of their business or independent professional capacities when completing a transaction.

(5) “Customers” in these Terms and Conditions refers to both consumers and Resellers.

(6) If any periods are referred to as “Business Days,” this term refers to all days of the week except Saturdays, Sundays, and public holidays.

§ 2 Scope

Any and all purchases made through the Webshop are governed by the following General Terms and Conditions. Any General Terms and Conditions deviating from or opposed to the following Terms are not applicable. Acceptance of deviating Terms imposed by Customers may not be concluded even if such a contract is actually performed.

§ 3 Customer’s Personal Data

(1) You may place orders through the internet sales platform either as a guest or through a customer account. A customer account is created through a one-time and free registration.

(2) Customer is responsible for providing accurate and complete personal data when registering and placing orders. Personal Data of guests will be saved only for the purposes of performing the sales contract. After the limitation period for claims from the sales contract the data will be deleted automatically as long as there are no legal disputes pending.

(3) Customer agrees to treat the personal access data created for him or her during registration confidential and to not make them accessible to unauthorized third parties. In the event that data is passed on to others, the registered Customer will be responsible for any orders placed by using his or her access data and the costs associated therewith.

(4) Each Customer may only maintain one customer account at any time. We reserve the right to close multiple registrations and customer accounts that haven’t been used for orders for more than five years.

§ 4 Prices and Shipping

(1) Any and all information in the Webshop regarding products and pricing are non-binding and subject to change. Any sales will be for consumable amounts only.

(2) The prices given are non-negotiable and include VAT. The amount given at the time of each binding order is the payable amount.

(3) Shipping is added to that amount. Shipping within Germany is free from a purchase value of €25.00 after all discounts. Otherwise we charge €4.95 for shipping within Germany. Shipping to Austria is free from a purchase value of €50.00 after all discounts. Otherwise we charge €11.95 for shipping to Austria. Customers can get additional information on shipping terms at http://www.marbert.de/Versand-Lieferung-oxid.

§ 5 Language and Conclusion of Contract

(1) Purchase contracts for products from the Webshop will be in German only.

(2) The presentation of products in the Webshop and providing an opportunity to place orders does not constitute a binding offer to customers; it merely constitutes an invitation to customers to make an offer.

(3) By clicking “Order at Customer’s Expense,” Customer makes a binding offer to conclude a purchase contract for the products in the shopping cart. Customer then receives an email to the email address provided by Customer, which confirms receipt of the order and gives the details (Order Confirmation).

(4) Sending the Order Confirmation does not yet constitute an acceptance of Customer’s offer. The purchase contract is not concluded until the offer received from Customer has been accepted by us in the form of an invoice or by handing over the items to a shipping company. We will notify Customer by email that the items have been shipped (Shipping Confirmation).

§ 6 Cancellation Policy

Cancellation Right
You have the right to cancel this contract within fourteen days without providing a reason.
The cancellation deadline is fourteen days from the day when you or a third party named by you who is not the forwarding agent took the last goods into possession.
In order to exercise your cancellation right you must inform us

Consequences of Cancelling
If you cancel this Contract, we shall refund all payments that we have received from you, including costs of delivery (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) within fourteen days from the date on which we receive your notification of cancellation. Unless expressly agreed otherwise, we shall use the same method of payment to reimburse you as you used for the initial transaction; in any event, you will not incur any charges as a result of such reimbursement. We may refuse repayment until we have received the returned goods or until you have provided proof that you sent the goods back, whichever occurs first.
You must send back or return the goods without delay and in any case no later than within fourteen days from the day when you gave notice of the cancellation of this Contract; please use the following address:

The timely posting of the goods before the end of the fourteen-day period shall be sufficient for the purpose of observing the time limit. You bear the direct costs of returning the goods.
You must defray any possible loss in value of the goods only if this loss is due to handling of the goods beyond what is necessary to examine said goods for quality, features and functioning.

End of Cancellation Notice
Please understand that no cancellation is possible for items made to your specification or that were specifically tailored to your personal needs, or for goods that cannot be returned due to their nature (such as for hygienic reasons), if the goods spoil quickly or if their expiration date has passed.

§ 7 Payment

(1) All payments are made by credit card, via PayPal or Sofortüberweisung (immediate bank transfer).

(2) By receiving the credit card number as part of the order we are authorized to charge the purchase amount to the credit card account Customer provided within the order.

§ 8 Late Payment

In the event that Customer pays late, default interest in the amount of five percentage points per annum above base provided by the German Federal Reserve Bank (Deutsche Bundesbank) at the time of placing the order is payable by Customer. In the event that higher default damages were provably incurred, Seller is entitled to claim them.

§ 9 Offsetting

Customer is entitled to offsetting only if his or her counter claim has been confirmed legally or if Seller does not deny it.

§ 10 Right of Retention

Customer has a right of retention only to the extent that his or her counter claim is based on the same contractual relationship. The right to withhold performance in accordance with Section 320 BGB [German Civil Code] remains intact.

§ 11 Delivery, Transfer of Risk

(1) Our shipping partner is DHL. Delivery occurs to the delivery address provided by Customer or to the DHL Packing Station provided by Customer; either must be in the Federal Republic of Germany or in Austria. The risk transfers to Customer once we hand the goods over to DHL; the information in Paragraph 4 remains in place unchanged. DHL guarantees a delivery of all goods to Customer within 2 to 3 business days.

(2) If an event of force majeure (such as natural disasters, war, acts of terror) renders the delivery or any other performance permanently impossible, an obligation to perform on our part is excluded. Amounts paid already will be refunded immediately.

(3) In addition, we have the right to refuse performance if it requires an effort that goes significantly beyond Customer’s interest in fulfilling the purchase contract considering the nature of the purchase contract and the duty of good faith. Amounts paid already will be refunded immediately.

(4) To the extent that Customer is not a consumer, the risk of accidental destruction or accidental deterioration of the purchased items passes to Customer at the time the contract is concluded.

§ 12 Inexpensive Shipping of Returns

(1) When returning goods and accessories, please use the original packaging where possible, even if it should be damaged during opening for testing purposes. You are not obligated to do so but are able to prevent being charged for a lessening of value due to the missing original packaging if you do not send the item in its original box.

(2) You may print out a return ticket on our web site and use it for returning items to us. Please take advantage of that. This is the simplest and most cost-effective shipping mode. Again, you are not obligated to use the return ticket. However, if you choose an unnecessarily expensive shipping method for your return, you may be obligated to pay to us the difference incurred from not using an inexpensive shipper.

§ 13 Reservation of Ownership

(1) Up until receiving all amounts due from the purchase contract, we retain the right of ownership in the goods delivered to you (goods subject to right of retention). As long as this reservation of ownership is in place, Customer may neither resell the goods nor dispose of them; Customer is expressly forbidden from granting third parties a contractual right to use the goods.

(2) If the goods subject to right of retention are seized by third parties, Customer is obligated to point out the fact of our ownership and notify us immediately of this seizure in writing. This obligation to notify us immediately is in place even if the goods subject to right of retention are encumbered by the rights of third parties or are subject to other encroachments.

§ 14 Guarantees and Manufacturer’s Warranty

(1) A product proven to be defective at time of delivery (warranty case) will regularly be replaced by way of a replacement (cure).

(2) Customer is hereby notified that there may be slight variations in appearance between the products presented on the web site and that of the actual products delivered. Such slight variations do not constitute grounds for any claims for defects insofar as they do not affect the quality of the products delivered.

(3) Situations including, but not limited to, the following do not constitute a warranty case:
a) Damages caused at Customer due to misuse or improper use;
b) Damages caused by damaging external exposure (including, but not limited to, extreme temperatures, moisture, extraordinary physical or electrical strain, variation in voltage, lightning, static electricity, fire) at the Customer’s location.

(4) Customer must ship the product to the return address provided by us and include the order number.

(5) Prior to shipping the product, Customer must remove any items placed therein by him or her. We are not responsible for checking the product for such items. We are not liable for the loss of such item unless it was easily noticeable upon receiving the returned product that such an item had been placed inside; in this case we will notify the Customer and make the item available to Customer for pickup; Customer will then bear any applicable costs.

(6) In the event that Customer ships the product in order to get a replacement, our claims upon sending back a replacement for the defective product are governed as follows:
If Customer was able to use the product between delivery and return as a non-defective product, Customer must compensate the value gained from using the product. For a failure not caused by the defect or for the further deterioration of the product as well as for the inability to return the product for reasons not caused by the defect during the time period between delivery and return of the product, Customer must provide compensation. Customer does not need to compensate the deterioration of the product caused by the intended use of the product. In addition, no compensation for returning a defective product is due in warranty cases:
a) If the defect constituting the return of the product was not evident until processing or reconfiguring the product;
b) If we are responsible for the deterioration or failure or if the defect would have occurred at our location, as well;
c) If the deterioration or failure occurred at Customer’s location even though Customer handled the product with the same care he or she customarily uses with his or her own affairs.

(7) Customer’s liability for damages in cases where Customer neglects to return the item is governed by law.

(8) Customer can elect to withdraw from the contract or to lower the purchase price if the replacement made during an acceptable time period did not provide for a contractually acceptable quality of the product.

(9) In addition, claims against the manufacturer as part of any of their granted warranties may exist which in turn are geared towards the respective warranty conditions.

(10) The statutory warranty ends two years after the product was delivered. The period commences when the product is received.

§ 15 Copyright and Trademark Law Protection

Any product data and web content provided on our web site are covered by German and international trademark and copyright law (hereinafter referred to as “the Content”). The protected product data include all marks protectable as a trademark, including, but not limited to, images, letters and combinations of letters, the shape and layout of products and their packaging, including colors and color combinations as well as numbers. The protected web content includes the entire design of the web site www.marbert.de; including its design with respect to the placement and combination of images, acoustic content, letters, graphic elements, colors and texts, but also to contents of the texts themselves.
This content is the property of Straub GmbH or its licensors. This content may not be changed, copied, linked, disposed of or otherwise used by the Webshop user without express prior written permission. To the extent that this is necessary for technical reasons to display the web site in your browser, the Webshop user is authorized to use the content. This permission expires if the user uses the content illegally in any way.

§ 16 Privacy

Privacy information can be found at http://www.marbert.de/Datenschutz-oxid/

§ 17 Credit Check

For credit check purposes, infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, will provide Seller with Customer’s address and credit information available in its database, including those calculated using methods of mathematical statistics if Seller can prove a reasonable interest in receiving this information. As part of the application, Seller will compare the Customer’s bank information (account number and routing number without any information regarding the account owner) with the Return Debit Prevention Pool (RPP) of infoscore Consumer Data GmbH (ICD), Rheinstrasse 99, 76532 Baden-Baden. The RPP functions as a block list.
In addition, should the direct withdrawal fail, we will insert the Customer’s bank information (account number and routing number, but no personal information) into the RPP of ICD (if permissible) which will then upon request pass on the blocking information to other companies participating in this disclosure system. Once the return debit has been paid, Seller will communicate the resolution to the RPP.

§ 18 Liability

(1) In the event of slight negligence, Seller is only liable for violating essential contractual obligations, and liability is limited to foreseeable damages. This limitation does not extend to injuries to life, body, and health. We are not liable for other damages of slight negligence caused by defective purchase items.

(2) Irrespective of Seller’s culpability, Seller’s liability in the event of willfully concealing the defect or from assuming a warranty is not touched. The manufacturer’s warranty is the manufacturer’s guarantee and does not constitute an assumption of a guarantee by us.

(3) Seller is also responsible for the chance inability caused by its delayed delivery, unless the damage would have occurred even if Seller had delivered on time.

(4) Any personal liability of Seller’s legal representatives, agents, and employees for damages they cause through slight negligence is also excluded.

§ 19 Applicable Law

This Contract made between the parties is solely subject to the laws of the Federal Republic of Germany, and the United Nations Convention on Contracts for the International Sale of Goods shall be expressly excluded.ഊ

§ 20 Venue

Venue for all disputes from or in connection with this contract is 74821 Mosbach, GERMANY, if Customer is a merchant, an entity under public law or a special fund under public law. The same is true if Customer, contrary to his or her information at the time of placing the order, is not a resident of the Federal Republic of Germany or has moved his or her residence outside Germany after the contract is concluded or if his or her residence is not known at the time of filing the action.

§ 21 Severability, Written Form

(1) If individual provisions of this agreement are or become invalid or void in part or as a whole, the validity of the contract as a whole will not be affected. The parties agree to replace the invalid or void provision by a valid one that comes as close as possible to the economic intent of the original provision. The same is true for a gap.

(2) Any changes to and additions to this contract must be done in writing.