General Terms and Conditions

1. Scope

These terms and conditions of MWH GmbH (hereinafter “MWH”) shall apply to all agreements pertaining to goods and/or services the customer enters into, which MWH displays in the public area of its online shop.

2. Conclusion of the Agreement

2.1. The products displayed in MWH‘s online shop do not represent binding offers of MWH, but serve only for the purpose of the submission of a binding offer by the customer.

2.2. The customer can submit the offer using the online order form integrated in the online shop. After having placed the selected goods and/or services in the virtual shopping basket and after having passed the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods and/or services in the shopping basket by clicking on the button finishing the ordering process.

2.3. MWH confirms receipt of the order immediately. MWH can accept the offer of the customer within five days by

• sending a written order confirmation (letter, fax or e-mail), the date of receipt by the customer is decisive, or
• delivering the goods ordered to the customer, the date of receipt of the goods by the customer is decisive, or
• asking the customer for payment. In case MWH does not accept the customer’s offer in due time, the offer shall be deemed rejected. The customer shall no longer be bound by the offer.

2.4. The period for acceptance of the offer commences on the day after sending of the offer by the customer. It expires on the end of the fifth day following the sending of the offer.

2.5. Upon submission of the offer using the online order form of MWH MWH shall save the agreement text and send it together with these general terms and conditions in writing to the customer (for example by e-mail, fax or letter) after receipt of the order made by the customer. In addition, the text will be archived on MWH’s website. The customer can access the agreement text free of charge via his password protected account indicating his login details in case he registered for a customer account in MWH’s online shop before sending his order.

2.6. Prior to the binding placement of the order via the online order form the customer can correct his entries permanently using the usual keyboard and mouse functions. In addition, prior to sending the binding order, all data are displayed again in a confirmation window and can there also be corrected using the usual keyboard and mouse functions.

2.7. The order processing and the contacting are generally effected via e-mail and automatic order processing. The customer has to ensure that the e-mail address submitted for order processing is valid so that e-mails sent by MWH can be received under this address. In particular the customer has to ensure in case a spam filter is used that all e-mails by MWH or by third parties charged by MWH with the order processing can be delivered.

3. Languages

German and English languages are available for conclusion of the agreement.

4. Right of Revocation

4.1. The customer has the right to revoke the agreement within fourteen days without giving any reasons.

4.2. The period of revocation is fourteen days commending at the day on which the customer or a third party charged by the customer, other than the carrier, has acquired the material possession of the goods. In case the agreement pertains to several goods, which the customer ordered in one order and which are delivered separately, the period of revocation shall commence on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last good. In case the agreement pertains to delivery of goods in several separate consignments or in parts, the period of revocation commences on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last separate consignment or part.

4.3. In order to exercise his right of revocation, the customer has to inform MWH by way of clear notification (for example by letter to be sent by mail, fax or e-mail) of his decision to revoke the agreement. For this purpose, the customer can use the sample revocation form, but he has no obligation to use this form. The customer can also use the website mwhgmbh.de for submitting the sample revocation form or another clear notification. If the customer takes this opportunity, MWH shall send him a confirmation of receipt of such revocation without delay (for example by e-mail).

4.4. To observe the period of revocation it is sufficient that the customer sends the notice of exercise of the right of revocation before expiry of the period of revocation.

4.5. In case the customer revokes the agreement, MWH shall be obliged to refund to the customer all payments MWH received from the customer, including delivery costs (not including any costs resulting from the fact that the customer selected a type of delivery other than the low priced standard delivery) without delay and at the latest within fourteen days as of the day on which MWH received the customer’s notice of revocation of the agreement. In order to refund the payments, MWH shall use the same means of payment the customer used upon the initial transaction, unless agreed otherwise with the customer. In no case fees will be charged to the customer due to the refund.

4.6. MWH may refuse to refund the payments until it has received the goods back or until the customer provided evidence that he sent the goods back, whichever occurs earlier. The customer shall be obliged to send the goods back or to hand them over without delay and at the latest within fourteen days as of the day on which the customer informed MWH of the revocation to the warehouse of MWH (MWH GmbH, Blindeisenweg 23, 41468 Neuss). The period shall be deemed observed if the customer dispatches the goods before expiry of the period of fourteen days.

4.7. The customer shall bear the direct costs of returning the goods.

4.8. The customer shall only be obliged to pay the costs of any diminished value of the goods if such diminished value results from handling of the goods which is not necessary in order to check the condition, characteristics or functioning of the goods.

5. Prices and Terms of Payment

5.1. The prices and end prices stated include the statutory value added tax. Any additional delivery and shippping costs are listed separately in the respective product description.

5.2. The customer pays in advance by credit card or via PayPal.

5.3. Payment shall be due immediately after conclusion of the agreement. MWH may withdraw from the contract in case payment is not received within two weeks following the conclusion of the agreement.

6. Delivery and Shipping Terms

6.1. Each product delivered remains MWH’s property until MWH has received payment in full.

6.2. The delivery is effected regularly by shipment and to the address indicated by the customer. During the processing of the transaction, the delivery address indicated by the customer in the order processing is applicable. However, if the customer selected PayPal as payment method, the delivery address registered with PayPal at the time of payment via PayPal is applicable.

6.3. MWH shall effect delivery within the delivery period set out in the online shop for the respective goods, unless the customer selects later delivery in the shipping options. In order to comply with the agreed delivery periods, it is sufficient that MWH transfers the goods to the forwarding agent.

6.4. In case the forwarding agent returns the goods sent to MWH because it was unable to deliver the goods to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply in case the customer exercises its right of revocation by refusing to accept the goods, in case the customer is not responsible for the circumstances which led to the unsuccessful delivery or in case he was temporarily prevented from accepting the delivery, unless MWH informed him of the delivery time in advance and in due time.

7. Customs

7.1. In case the customer orders products from MWH to be delivered outside the EU, these products may be subject to import duties and import taxes, which may be levied immediately upon arrival of goods in the destination country. The customer shall be obliged to bear any additional charges for customs clearance; MWH does not have any influence on such charges. Customs regulations can differ substantially from one country to another and therefore, the customer should contact his local customs authorities and ask for further information.

7.2. The customer is considered to be the importer when he orders products from MWH and he is obliged to comply with all laws and regulations of the destination country. Cross-border deliveries are subject to opening and inspection by customs authorities.

8. Liability for Defects

8.1. Statutory liability for defects shall apply.

8.2. In case MWH provided subsequent performance in the form of a replacement delivery, the customer shall be obliged to return the goods originally delivered within 30 days to MWH at MWH’s expense. The return of the defective goods is subject to the statutory regulations. MWH reserves the right to claim damages under the requirements regulated by law.

9. Limitation of Liability

9.1. MWH’s liability is limited as follows: MWH shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by MWH or by one of MWH’s legal representatives or agents.

9.2. In addition, MWH shall be liable for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the purpose of the agreement or for the breach of obligations whose fulfilment enables the proper execution of the agreement in the first place and on the fulfilment of which the customer regularly relies. MWH shall not assume liability for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.

9.3. The aforementioned limitation of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for the fraudulent concealment of deficiencies. The liability under the Product Liability Act shall remain unaffected.

10. Applicable Law

10.1. All legal relationships of the parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods.

10.2. This choice of law shall apply only insofar as the protection thereby granted is not contradicted by mandatory legal provisions of the laws of the country in which the consumer’s usual place of residence is located.