GENERAL TERMS AND CONDITIONS
- Our general terms and conditions apply to all offers, deliveries and contracts as well as other services including agreements with the customer and information provided to them.
We do not recognize deviating terms and conditions of the buyer. These are expressly contradicted.
Ancillary agreements such as changes, reservations and verbal agreements must be made in writing to be legally valid and must be confirmed in writing by Muckle Mannequins.
- Entrepreneurs in the sense of these terms and conditions are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
Consumers in the sense of these terms and conditions are natural persons with whom business relationships are entered into, without commercial or independent professional activity being attributable to them.
Buyers in the sense of these terms and conditions are both entrepreneurs and consumers, unless expressly differentiated in this regard.
II. Offer and conclusion of contract
- Offers are always non-binding and to the exclusion of any purchasing conditions. We reserve the right to make technical and other changes within reasonable limits.
All offers are based on the general terms and conditions of Muckle Mannequins.
- Orders require written confirmation to be legally valid, the content of which is decisive for the contractual relationship. Catalog representations are non-binding in view of any further technical developments.
- Offer documents remain the property of Muckle Mannequins GmbH and may not be passed on to third parties.
- The conclusion of the contract is subject to the reservation that Muckle Mannequins GmbH has the right not to perform or to perform only partially in the event of incorrect or improper self-delivery.
In the event of the unavailability or only partial availability of the service, the buyer will be informed immediately. Any consideration by the customer will be reimbursed immediately.
III. Prices, payments, resignation of the seller and counter-rights of the buyer
- The prices are in euros (€) including VAT and apply ex warehouse Muckle Mannequins Mannheim or Winsen excluding freight, packaging, customs and other import duties.
In the case of follow-up orders, we are not bound to previous sales prices.
- Unless otherwise agreed, the invoice amount is to be paid exclusively in euros without any deductions free to the seller's payment office at the latest within 30 days of receipt of the invoice. This also applies to invoice amounts for partial deliveries. For payments within 10 days of the invoice date and for deliveries by cash on delivery based on No. 6 of these terms and conditions, a 2 percent discount is granted on the invoice amount.
- Payment is only considered to have been made when the seller can dispose of the amount.
- Money orders, checks or bills of exchange will only be accepted after a special written agreement. If the seller accepts payment orders, checks or bills of exchange, the debt will only be settled once they have been successfully honored. Discount charges and all judicial and extrajudicial costs associated with the collection of bills of exchange or check are borne by the buyer.
- In the event of default, interest and commission will be charged in accordance with the statutory provisions.
- The seller is entitled to demand security for his claims at any time.
If the buyer defaults on a payment, all other possible claims of the seller against the buyer are due immediately.
- The buyer only has the right to offset if his counterclaims have been legally established or recognized by Muckle Mannequins.
The buyer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
IV. Deliveries, delivery times, the buyer's right of withdrawal and liability for damage
- All deliveries are made at the risk of the buyer; Insurance is only provided at the express request of the buyer. Muckle Mannequins is only liable for damage to and loss of the goods if it has not properly packaged the goods, taking into account the route and type of transport, and this can be proven to be the cause of the damage.
- Delivery dates specified by Muckle Mannequins GmbH are generally non-binding. If a fixed delivery period is agreed, it begins on the day of the written order confirmation from Muckle Mannequins GmbH, provided that all order details are clear. A deadline is deemed to have been met if the delivery item is dispatched when the deadline expires or readiness for dispatch has been notified, provided that the buyer has to call off or collect.
- Muckle Mannequins GmbH is entitled, in the event of force majeure, operational disruptions caused by external operations, shortages of workers, raw materials or fuels, strikes and lockouts that make delivery significantly more difficult or impossible for the seller, in whole or in part to postpone for the duration of the hindrance including a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled. Operational disruptions caused outside the company include in particular, but not exclusively, official orders and incorrect or delayed internal deliveries.
In such cases, damage caused by delay can only be asserted by the buyer if Muckle Mannequins GmbH has committed a grossly negligent or willful breach of duty or a grossly negligent or willful breach of duty by a legal representative or vicarious agent of the seller.
If a firmly agreed delivery date is exceeded, the buyer is only entitled to withdraw from the contract, excluding the provision of Section 323 BGB, if he has set a grace period of at least one month and no delivery has been made within this grace period.
Further claims by the buyer are excluded, unless they are based on a grossly negligent or willful breach of duty by Muckle Mannequins GmbH or a legal representative or vicarious agent of Muckle Mannequins GmbH.
This does not apply to liability for damage to life, limb or health due to an at least negligent breach of duty by the seller, his legal representative or vicarious agent.
- For custom-made products, there is always an acceptance obligation on the part of the buyer. For manufacturing reasons, the seller is entitled to under- or over-deliver these orders (custom-made products). In case of doubt, the seller can determine what counts as a custom-made product.
- The delivery of custom-made products and the delivery of first-time customers are exclusively cash on delivery.
- Muckle Mannequins GmbH is entitled to make partial deliveries.
- For deliveries abroad, payment for the goods must be made in advance to one of our accounts by bank transfer. Payment by check, PayPal or credit cards is not accepted.
The transfer fees are the responsibility of the buyer. The goods will be shipped within 1 to 2 days after receipt of payment.
- With the handover of the goods to the buyer, freight forwarder, carrier or the person or institution otherwise assigned to carry out the transport, but at the latest when leaving our company premises, all risk and the transport risk - even with FOB or CIF transactions - is transferred to the Buyers over.
This also applies in the case of the agreed collection of the goods by the customer or an authorized person.
- Shipping, selection of the means of transport and the transport route as well as any packaging are carried out by Muckle Mannequins with the care of a prudent businessman to the best of its ability.
- If goods that are reported to be ready for dispatch are not called up on the agreed date, the risk is transferred to the buyer. We are entitled to make the price due and to charge storage costs when the goods are ready for dispatch. If Muckle Mannequins GmbH waives the due date, in addition to the storage costs, interest on the purchase price of 5% above the base rate set by the federal government is to be reimbursed from the time the goods are ready for dispatch. The storage costs are € 3.50 per cbm / month of the goods to be delivered.
- In the case of a return that is not based on a justified warranty case or a right of withdrawal according to the statutory provisions, the goods travel at the risk and expense of the buyer.
VI. Right to refuse performance, reservations to withdraw
In the event of a significant deterioration in assets on the part of the customer, which occurs after the conclusion of the contract or only then becomes known to us, we have the right to refuse our performance and to demand that the customer remove the endangerment of the purpose of the contract by providing sufficient security. If the customer does not meet the request for security within a reasonable period of time, we are entitled to withdraw from the contract or to demand compensation.
VII. Warranty provisions, notification of defects and limitation
- Customary deviations in pattern, color, quality, dimensions, etc. remain reserved.
- In the event of a defect in the goods for which Muckle Mannequins GmbH is responsible, consumers have the choice of whether the supplementary performance should be carried out through repair or replacement.
Muckle Mannequins GmbH is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantage for the consumer.
In the case of companies, Muckle Mannequins GmbH provides a guarantee for a defect in the goods for which it is responsible, initially at its own option, through repair or replacement delivery.
- If the supplementary performance fails, the buyer can in principle demand a reduction in payment (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. If the buyer chooses compensation instead of performance, the limitations of liability according to VIII. Of these GTC apply.
- In the case of only minor defects, however, the buyer has no right of withdrawal.
4.a. Entrepreneurs must check the goods on receipt or receipt for completeness and damage to the packaging. Complaints must be sent immediately in writing to Muckle Mannequins GmbH.
4.b. Entrepreneurs are obliged to examine the goods and to report any recognizable defects in writing without delay. Hidden defects must be reported immediately after their discovery.
4.c. If the entrepreneur does not comply with this obligation or if he misses the notice period, the delivery is considered approved. Warranty claims and any claims for damages are then excluded.
4.d. The above regulation also applies to complaints regarding the quantity, weight and number of items.
- The limitation period for consumers is 2 years from delivery of the goods. The limitation period for entrepreneurs is 1 year from delivery of the goods. The limitation period for used items is 1 year from delivery of the item.
The one-year warranty period does not apply if Muckle Mannequins GmbH is grossly negligent, as well as in the event of damage to body and health attributable to Muckle Mannequins GmbH and loss of the life of the buyer. The liability of Muckle Mannequins GmbH under the Product Liability Act remains unaffected.
VIII. Limitations of Liability
- Muckle Mannequins GmbH is not liable for slightly negligent breaches of duty. This also applies to slightly negligent breaches of duty by their legal representatives or vicarious agents.
Something different only applies to an entrepreneur in the event of a slightly negligent breach of essential contractual obligations by Muckle Mannequins GmbH or its vicarious agents.
- The above limitations of liability do not apply to claims of the buyer from product liability. Furthermore, the limitations of liability do not apply to Muckle Mannequins GmbH for damage to body or health or in the event of loss of life of the buyer.
IX. Retention of title
- Deliveries by the seller are made subject to retention of title in accordance with Section 449 of the German Civil Code.
- The delivered items remain the property of the seller (reserved goods) until all current or future claims of the seller against the buyer from the business relationship have been met - regardless of the legal basis on which they are based; this also applies if payments are made for specifically designated claims.
3.a. Acquisition of ownership by the seller of the goods subject to retention of title in accordance with Section 950 of the German Civil Code (BGB) in the event of their processing or transformation into a new item or new inventory is excluded. Any processing or transformation of the goods subject to retention of title takes place for the seller as a manufacturer within the meaning of § 950 BGB, without obliging him.
3.b. If the buyer processes or transforms other goods that do not belong to the seller, the seller is entitled to co-ownership of the manufactured item in the ratio in which they are to one another: the invoice value of the reserved goods used in the manufactured item to the total of all invoice values all goods used in the manufacture.
3.c. If the reserved goods are mixed or combined with other items and the seller's ownership of the reserved goods expires, it is already agreed that the buyer's property or co-ownership rights to the mixed inventory or the uniform items to the extent of the invoice value of the reserved goods Pass to the seller and the buyer will keep them for the seller free of charge.
3.d. The same applies to the items resulting from the processing, transformation, connection or mixing as to the reserved goods; these items or stocks are also deemed to be reserved goods within the meaning of these general terms and conditions.
3.e. The buyer may only sell the reserved goods in the ordinary course of business under his normal terms and conditions and as long as he is not in default. He is only entitled and authorized to resell the goods subject to retention of title with the proviso that the claims from the resale are transferred to the seller in accordance with paragraphs 4 to 7 below. The buyer is not authorized to dispose of the reserved goods in any other way.
- The buyer's claims from the resale of the reserved goods are now assigned to the seller, regardless of whether the reserved goods are sold without or after processing, remodeling, combining or mixing and whether they are sold to one or more buyers.
- In the event that the reserved goods are sold by the buyer together with other goods that do not belong to the seller, the assignment of the claim from the resale shall only apply to the amount of the invoice value of the respectively sold reserved goods.
- If the reserved goods are resold after processing, in particular with goods not belonging to the buyer or after combining / mixing / remodeling, the assignment shall only apply to the amount of the co-ownership of the seller in the sold item or the sold inventory.
- If the reserved goods are used by the buyer to fulfill a work or work delivery contract, the claim from this is assigned to the seller in advance to the same extent as is determined in the preceding paragraphs.
- The buyer is entitled to collect claims from the resale as long as he fulfills his payment obligations towards Muckle Mannequins GmbH as the conditional seller. Under no circumstances is the buyer authorized to assign the claim. At the request of the seller, he is obliged to inform his customers of the assignment and to hand over the information and documents required for collection.
- If the value of the existing securities for Muckle Mannequins GmbH exceeds their claims by a total of more than 10%, the latter is obliged to release securities of its choice at the request of the buyer.
- The buyer must inform Muckle Mannequins GmbH immediately of any seizure or other impairment by third parties or other events.
X. Return of goods
- If the legal transaction is based on a distance contract and the customer is a consumer, he can revoke his contract declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the item. The period begins with the receipt of this instruction at the earliest. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
Exceptions to the right of withdrawal are custom-made products that have been specially manufactured for the buyer.
The revocation must be sent to:
Muckle Mannequins GmbH
- In the case of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If the buyer cannot return the received service in whole or in part or only in a deteriorated condition, he must compensate Muckle Mannequins GmbH for the value.
This does not apply if the deterioration of the item is solely due to its inspection - as it would have been possible in a retail shop.
The buyer can avoid the obligation to pay compensation by not using the thing like an owner and by refraining from anything that could impair its value.
In the event of a return within a delivery of goods with a total order value of up to € 40, the buyer must bear the costs of the return if the goods delivered correspond to the goods ordered. Otherwise, the return for the buyer is free.
Items that cannot be sent as a parcel will be picked up from the buyer.
- A right of revocation does not exist in the case of distance sales contracts for the delivery of goods that have been manufactured according to the buyer's specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature.
- The buyer undertakes not to violate any industrial property rights of Muckle Mannequins GmbH. In particular, the buyer undertakes not to produce any replicas of the goods or to have them made and not to use the goods to produce samples.
- The buyer will pay Muckle Mannequins GmbH a contractual penalty in the amount of € 10,000.00 for each case of non-compliance with the obligation from Section 1. The assumption of a continuation context is excluded.
- Muckle Mannequins GmbH is entitled to visibly affix its logo, company logo with address and identification number to the articles and packaging it produces.
- All prototypes, figures, models and drawings created for the customer may be shown in the brochures and on the Muckle Mannequins GmbH website. Prototypes are the property of Muckle Mannequins GmbH even if they are paid for by the customer to create figures.
XII. Applicable law, severability clause, place of performance and place of jurisdiction
German law applies exclusively to all agreements and legal acts for both the seller and the buyer.
In the event that individual contractual conditions are ineffective, the remaining conditions remain binding. If, as a result of the relevant jurisprudence of the Federal Court of Justice, the legal validity of a delivery condition should be doubtful, it is to be interpreted within the framework of the guidelines of the Federal Court of Justice and to be regarded as such agreed.
The place of fulfillment for all deliveries and payments is the headquarters of Muckle Mannequins GmbH.
The exclusive place of jurisdiction is Mannheim or, at the option of Muckle Mannequins GmbH, any other court.
XIII. data protection
- The buyer is aware and agrees that his data required for order and order processing will be stored on data carriers in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG) and treated confidentially.
- The buyer also agrees to be notified of current offers and information without being asked.
- The customer has the right to revoke this consent at any time with effect for the future. In this case, Muckle Mannequins GmbH undertakes to delete the personal data immediately, unless an order process has not yet been fully processed.
- to revoke for the future. In this case, Muckle Mannequins GmbH undertakes to delete the personal data immediately, unless an order process has not yet been fully processed.