General Terms and Conditions (GTC) for consumers (B2C)
§ 1 Scope
These General Terms and Conditions apply to all legal transactions between you as the buyer and us as the seller:
DMTC Germany, Inh. Dominik May
04103 Leipzig, Germany
Mobile: +49 157 3360 9407
The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. You act as a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed primarily to your commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the course of their commercial or independent professional activity.
§ 2 Conclusion of the contract and storage of the text of the contract
The provisions of these GTC apply to orders placed by buyers via the website www.may-tie.de, www.may-tie.com and the associated subdomains of the online shop.
The contract is made with the seller (see § 1).
The presentation and description of the goods on our websites www.may-tie.de, www.may-tie.com, as well as the associated subdomains, our catalogues, flyers and other documents does not constitute an offer of a contract.
By ordering goods by clicking on the “order” button at the end of the ordering process, a buyer makes a binding offer to conclude a purchase contract. The contract is only concluded once we have sent an order confirmation by email.
The contract text is saved for orders. Buyers receive an e-mail with the order data and the applicable terms and conditions. Once the contract has been concluded, the order data can no longer be viewed online.
§ 3 Right of Withdrawal
(1) If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions when concluding a distance selling transaction.
(2) If you, as a consumer, make use of your right of withdrawal under paragraph 1, you must bear the regular costs of returning the goods.
(3) In addition, the regulations that are reproduced in detail in the following instructions on cancellation apply to the right of cancellation according to paragraph 1 for consumers in distance selling:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
• if you have ordered one or more goods as part of a single order and the good(s) is/are delivered as a single item;
• if you have ordered several goods in one order and the goods are delivered separately;
If several of the above alternatives are available, the cancellation period only begins when you or a third party named by you who is not the carrier have taken possession of the last goods or the last partial shipment or the last item.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email).
In order to meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; in no event will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
You must send back the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the fourteen-day period has expired. You bear the immediate costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
§ 4 Payment
The statutory value-added tax and other price components are included in the prices quoted. Standard shipping costs are included in the price shown. For special or express deliveries, additional costs may apply.
Consumers have the following payment options:
PayPal, credit card (Visa, Mastercard), prepayment, direct debit, invoice
§ 5 Delivery, Restrictions on Delivery
Delivery will be made within 5 working days, unless the description of a selected product explicitly states otherwise. In the case of payment, this period begins to run on the day after the payment order is issued.
§ 6 Passing of Risk
The risk of accidental deterioration or accidental loss of the goods lies with us until the goods are handed over and only passes to the consumer upon delivery.
§ 7 Retention of title
The delivered goods remain our property until full payment of the purchase price.
§ 8 Warranty
The legal guarantee regulations apply.
§ 9 Liability
You, the customer, must observe all the instructions on the packaging and the leaflets that accompany our products. Liability is excluded for any use and/or handling that differs from this.
§ 10 Copyrights
We own the copyright to all images, texts and films published on our websites www.may-tie.de, www.may-tie.com and the associated subdomains. Images, films and texts may not be used without our express consent.
§ 11 Settlement of Disputes
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Final Provision
These GTC remain binding in their remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
General Conditions of Sale (GTC) for B2B
§ 1 Scope
1. The following General Terms and Conditions apply exclusively to the sale of goods and other services by us,
DMTC Germany, Inh. Dominik May, Gerichtsweg 11, 04103 Leipzig,
whether these deals are concluded online or offline.
The following general terms and conditions apply in the version valid at the time of the conclusion of the contract.
Any deviating or conflicting terms and conditions of the buyer will not be recognized by us unless we have expressly consented to them. The performance of the services is not to be considered as such approval.
2. These general terms and conditions apply exclusively to entrepreneurs within the meaning of Sections 14, 310, Paragraph 1 of the German Civil Code.
§ 2 Registration as a customer
1. You have the option of creating your own user account and thus registering as a customer with our trading system. Only entrepreneurs are entitled to participate (cf. § 1 Para. 2)
The data required to create the user account must be provided completely and truthfully by you. Subsequent changes to your personal data are to be entered by you on your own responsibility.
2. The password you have chosen must be kept secret under all circumstances and under no circumstances be disclosed to third parties.
4. After successful registration you will receive an email from us within 48 hours with the activation for trade prices.
§ 3 Contract conclusion
1. We sell our goods and other services to entrepreneurs within the meaning of Section 14 of the German Civil Code.
2. The presentation and description of the goods on our websites www.may-tie.de, www.may-tie.com, as well as the associated subdomains, our catalogues, flyers and other documents does not constitute an offer of a contract.
3. A minimum order value of EUR 380.00 (three hundred and eighty) net per order applies.
4. By ordering goods by clicking on the "order" button at the end of the ordering process, you are submitting a binding offer to conclude a purchase contract. The contract is only concluded once we have sent an order confirmation by email.
By ordering goods by clicking on the "order" button at the end of the ordering process, you are submitting a binding offer to conclude a purchase contract. The contract is only concluded once we have sent an order confirmation by email.
§ 4 Prices, shipping costs, payment terms, offsetting, assignment
1. The prices that are applicable at the time the order is placed shall apply. There is therefore no entitlement to receive goods at lower prices that will apply sooner or later. Insofar as we exceptionally take price reductions into account for your current order before delivery of the goods, this is done voluntarily and without any legal obligation.
2. Unless otherwise agreed in writing, our prices include shipping costs including packaging and plus value added tax at the currently applicable rate.
3. IMPORTANT for dealers from EU countries: For tax-free intra-community deliveries according to Art. 6a UstG, please use the payment method "invoice" during the ordering process. You will then receive an invoice from us without tax.
4. The payment of the purchase price for online orders is made via our payment provider PayPal or via prepayment and invoice to our business account. The deduction of a cash discount is only permitted if a special written agreement has been made.
5. You are only permitted to fulfill your purchase price payment obligation by offsetting if your counterclaims have been legally established, are undisputed or have been recognized by us. In addition, you are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 5 Delivery time
1. The beginning of the delivery time specified by us assumes your timely and proper fulfillment of the obligations.
2. We fulfill our performance obligations from the purchase contracts concluded with you by delivering the goods ex warehouse Leipzig.
3. We reserve the right to a processing time of 1-2 weeks for deliveries to entrepreneurs within the meaning of Section 14 of the German Civil Code.
4. We are entitled to make part deliveries if the part delivery is reasonable for the buyer in the individual case.
5. In the event of a delay in delivery that is not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the framework of a flat-rate compensation for delay in the amount of 0.5% of the invoice value, but not more than 5%.
6. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
§ 6 Passing of risk upon shipment
If the goods are shipped, the risk of accidental loss or accidental deterioration of the goods is transferred to you when they are sent to your delivery address, at the latest when they leave the warehouse. This applies regardless of whether the goods are shipped from the place of fulfillment or who bears the freight costs.
§ 7 Retention of title
1. We reserve ownership of the delivered item until full payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to demand the return of the purchased item if the customer behaves in breach of contract.
2. You are obligated to treat the purchased item with care as long as ownership has not yet passed to you.
3. You are entitled to resell the goods subject to retention of title in normal business transactions. Claims against the customer from the resale of the reserved goods are already assigned to us in the amount of the final invoice amount (including VAT) agreed with us. This assignment applies irrespective of whether the purchased item has been resold without or after processing. You remain entitled to collect the claim even after the assignment. This does not affect our authority to collect the claim ourselves. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in arrears with payments and, in particular, have not filed for the opening of insolvency proceedings or have stopped making payments.
§ 8 Warranty and complaints as well as recourse/manufacturer's recourse
1. Insofar as the buyer has received defective goods from us, he is entitled within the framework of the statutory warranty provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. Furthermore, the buyer may be entitled to compensation claims. For these, the restrictions set out in § 8 apply.
2. Warranty rights presuppose that you have properly complied with your obligations to examine and give notice of defects according to Section 377 HGB.
3. The statute of limitations for claims for defects is 12 months from the passing of risk. This does not apply in the case of damage claims.
4. If, despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of the defect. We must always be given the opportunity to provide supplementary performance within a reasonable period of time. Rights of recourse remain unaffected by the above provision without restriction.
5. If the supplementary performance fails, you can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
6. Slight or insignificant deviations in terms of colour, material thickness and design of the goods are reserved and do not result in a deviation from the agreed quality.
7. In accordance with the statutory provisions, we are fully liable for damages resulting from injury to life, limb or health which are based on an intentional or negligent breach of duty on our part or an intentional or negligent breach of duty on the part of our vicarious agents. For all other damages, liability is limited to willful intent and gross negligence..
§ 9 Warranty
The warranty is one year
§ 10 Copyrights
We own the copyright to all images, texts and films published on our websites www.may-tie.de, www.may-tie.com, www.design-merchandising.com and the associated subdomains. Images, films and texts may not be used without our express consent.
§ 11 Other
1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).
2. All agreements that are made between the parties for the purpose of executing this contract are set out in writing in this contract.
3. These GTC remain binding in their remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original German text shall prevail in the case of a dispute.