1. Scope
1.1. The following General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) form an integral part of every contract between us (Marco Arena Tools GmbH, Salurner Str.2, 86356 Neusäß, Email info@marco-arena.de) and you as our customer (hereinafter referred to as ” Customer “). Our terms and conditions apply to legal transactions between companies / commercial customers (hereinafter “companies”) in accordance with § 14 para. 1 BGB or consumers in accordance with § 13 BGB and us.
1.2. Consumers in accordance with § 13 BGB (German Civil Code) and in the sense of the following regulations are all natural persons who conclude a legal transaction for purposes that can be attributed to neither their commercial nor their independent professional activity. Entrepreneurs in accordance with § 14 Abs. 1 BGB is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity.
1.3. We provide our services and deliveries exclusively on the basis of these terms and conditions in their current version. Conflicting terms and conditions of the customer, in particular General Conditions of Purchase or the like shall only apply if we expressly confirm their validity. This also applies if deviations from individual provisions of these terms and conditions are to be agreed.
2. Subject of the contract
The subject of the contract is the product ordered by you or configured according to your special wishes with the features and dimensions of our product description. Illustrations on our website and in our catalogs are for general product information in a purely visual representation and are not exhaustive or accurate.
3. Offers / product presentation / conclusion of the contract
3.1. Our product presentations are always non-binding.
a. Conclusion of the contract via our online shop
When ordering in our online shop, you as a customer by clicking the button “buy” to us binding to accept these terms and conditions (www.marco-arena.de/terms_and_conditions/?lang=en) as part of the contract and want to acquire the contents of the basket. The confirmation of the receipt of your order with us takes place through an e-mail sent directly to you automatically, which, however, does not constitute an order acceptance and therefore does not constitute a contract of sale. The contract between you and us is concluded upon receipt of our order confirmation sent by e-mail or upon delivery of the goods to you. An order confirmation sent by e-mail will be sent to you no later than three (3) working days (Mon. to Fri. Excluding public holidays in Bavaria and Augsburg and not 24 and 31.12.) After your order has been received. If the contract is concluded by delivery of the goods, delivery of the goods will be made to you within the scope of paragraph 6.1. these terms and conditions (www.marco-arena.de/terms_and_conditions/?lang=en) listed delivery times.
b. Conclusion of the contract by e-mail, telephone, post, by fax (hereinafter “other means of distance communication”) and orders outside our business premises
When concluding a contract by other means of distance communication and when ordering outside of our business premises, please provide your personal data including e-mail address and fax no. – if available – next to the ordered goods. With the transmission of the order by Fernkommunikationsmittel, with the explanation on the telephone or otherwise outside of the store you give a binding order including our terms and conditions (www.marco-arena.de/terms_and_conditions/?lang=en) on conclusion of listed or orally mentioned goods from , The contract between you and us comes into effect either upon receipt of our order confirmation by you, by telephone order in an individual case with the telephone order acceptance or with goods delivery to you. You will receive an order confirmation sent by e-mail or fax no later than three (3) working days – by post within five (5) working days at the latest (Monday to Friday excluding holidays in Bavaria and Augsburg and not 24 and 31 December) Your order has been received by us. If a contract is concluded by the delivery of goods, this will be sent to you within the scope of section 6.1. these terms and conditions (www.marco-arena.de/terms_and_conditions/?lang=en) listed delivery times.
c. You are bound to your orders as long as a contract could be concluded by goods delivery (see table “delivery times” – www.marco-arena.de/versandkosten-lieferzeiten/?lang=en).
4. Information obligations of the customer
4.1. Your personal information must be truthful. If your data changes during the term of the contract, you are obliged to notify us immediately of these changes. If you refrain from doing so or if you give us false data from the outset, we are entitled to withdraw from the contract for free. We are entitled to further charge you for costs incurred due to misdirection of the goods due to incomplete or incorrect address information.
4.2. As our contractual partner, you must ensure that the e-mail account, fax connection or telephone no. is reachable. It must be ensured that the receipt of e-mails is not excluded due to forwarding, decommissioning or overcrowding of the e-mail account.
5. Right of withdrawal for consumers / exclusion of the right of withdrawal
5.1. Consumers have a 21-day right of withdrawal according to the following regulations:
Cancellation
Withdrawal
You have the right to withdraw from this contract within 21 (twenty one) days without giving any reason.
The cancellation period is 21 (twenty-one) days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of revocation, you must inform us (Marco Arena Tools GmbH, Salurner Str.2, 86356 Neusäß, Tel. 0821/45033741. Fax 0821/45597022, Email info@marco-arena.de) by means of a clear statement (eg letter sent by mail, telephone, fax or e-mail) about your decision to withdraw this contract. You can use the model withdrawal form below, which is not required.
You can fill out the model withdrawal form electronically on our website www.marco-arena.de/cancellation-terms/?lang=en and send it to us or send us another clear statement. If you make use of this option, we will immediately send you (for example by e-mail) a confirmation of the receipt of such a revocation.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The return must be made exclusively to our mailing address Marco Arena Tools GmbH, Salurner Str.2, 86356 Neusäß. The deadline is met if you send the goods before the deadline of fourteen days. We bear the cost of returning the goods for returns within Germany and Austria. In the case of a return from other countries, the customer has to bear the return costs. If the return of the goods due to their nature is not possible by mail, we will pick up the goods at our expense.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation
Model withdrawal form
To: Marco Arena Tools GmbH, Salurner Str.2, 86356 Neusäß, Phone +49 (0) 821 450 33 741
Fax: +49 (0) 821 45597022 / E-Mail: info@marco-arena.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*) Name of consumer (s) Address of consumer (s)
Signature of the consumer (s) (only when notified on paper)
date
(*) Delete as appropriate.
5.2. The right of withdrawal does not exist with contracts
– for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
5.3. The right of revocation expires early in contracts
– for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery;
– for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
– for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery.
5.4. The following regulations are to be observed in the case of cancellation of orders:
a. Your bill has a return slip. Fill it out and put it in the package for the goods you want to send back to us. If possible, send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage.
b. In the case of the effective cancellation, the return is free for you within Germany and Austria. The return documents are available on telephone request directly from us.
Please understand that only sufficiently prepaid returns can be accepted outside of Germany and Austria. Please do not return the goods to us outside of Germany and Austria. If the return by post is not possible, please contact your contact person of the Marco Arena Tools GmbH under Tel. +49 (0) 821 450 33 741 or by e-mail to: info@marco-arena.de. We arrange the pickup for you.
5.5. Please note that the conditions described in paragraph 5.4. terms and conditions are not a prerequisite for the effective exercise of the right of withdrawal.
6. Terms of delivery / Transfer of risk / Quality risk / Guarantee of quality / Self-delivery / Force majeure
6.1. For orders via our online shop, the delivery times for each selected product are specified. The reference on the product page to an estimated delivery time by a number of working days or weeks, always refers to a delivery within Germany and Austria. When delivering the goods to a location outside of Germany and Austria, please add the additional days specified in the table “Delivery times” (https://www.marco-arena.de/versandkosten-lieferzeiten/?lang=en) to the delivery time for Germany and Austria.
6.2. For orders with other means of distance communication, the at that time for the corresponding product in our on-line shop for deliveries within Germany indicated and for deliveries to a place outside of Germany in the table “delivery times” (https://www.marco-arena.de/versandkosten-lieferzeiten/?lang=en) listed delivery times. The times are calculated at the selected payment method “advance payment” from crediting the invoice amount. Otherwise, the delivery times are calculated after receiving your order.
6.3. Delivery will be made from our warehouse to the delivery address you have specified, unless a deviation confirmed in writing has been agreed. A shipment of the goods ordered by you will be at your expense. The choice of shipping route and means is up to us. With a value of more than 500 € we insure the goods at our expense against damage in transit. In legal transactions between you as a consumer and us, however, the risk of performance (eg damage, destruction, loss on transport) even without transport insurance in the case of a shipment only with delivery of the goods to you or – if you agree with the acceptance of the goods in Delay – with the beginning of the acceptance delay. In the case of legal transactions with companies, the risk of performance is transferred to you as the buyer upon handover of the goods to the person designated for shipment (carrier). Delays in the delivery to you are the sole responsibility of the carrier or you.
6.4. Partial deliveries are permitted and are considered as independent deliveries, provided that the partial delivery is usable for the customer within the scope of the contractual intended purpose and the delivery of the remaining ordered goods is ensured, unless a partial delivery is not reasonable for you as a customer. You will not be charged for any additional costs resulting from the partial delivery.
6.5. We assume a quality risk only with a written separate agreement with the use of the phrase ” Marco Arena Tools assumes the quality risk for …”. Therefore, neither is the assumption of a quality risk nor a guarantee of quality in an obligation entered into by us to supply a specific item only of the type.
6.6. For reasons not attributable to us, we do not receive deliveries from our subcontractor despite proper coverage, incorrectly or not in good time, or events of force majeure occur, i. H. We will use our best endeavors to notify you as a customer in the event of a delay in delivery due to the occurrence of a delay in delivery or force majeure without culpable hesitation. In this case, we shall be entitled to postpone the service provision by the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part because of the unfulfilled part, insofar as we have fulfilled our obligation to provide information, have not assumed a procurement or manufacturer risk and the impediment to performance not just temporary. As a customer you do not have to provide anything in return. The force majeure are equal to strike, lockout, official intervention, energy and raw materials shortage, non-culpable transports bottlenecks, non-operational disability z. For example, fire, water and damage to machinery and all other disabilities that have not been culpably caused by objective observation of us.
6.7. If an agreed delivery time is exceeded by more than four weeks due to the aforementioned circumstances or if the binding of the contract is objectively unreasonable for you as a customer, you are entitled to withdraw from the contract because of the unfulfilled part of the contract. Further rights of you, in particular the assertion of claims for damages, are excluded.
7. Prices / shipping costs / terms of payment
7.1. The prices listed on our website https://www.marco-arena.de/ or in our catalog at the time of ordering apply. All prices are to be understood as end customer prices including the legal sales tax at the time of the conclusion of the contract.
7.2. The listed price is due upon conclusion of the contract for payment. The payment of the goods takes place by means of a payment method displayed on our website (also in the context of the order process) or in our catalog.
7.3. The shipping costs are shown on the website, as part of the ordering process and in our catalog in detail.
7.4. If you, as a customer, are in default of your payment obligation, we are entitled to charge default interest to consumers in the amount of 5 percentage points – compared to companies in the amount of 9 percentage points – above the applicable base interest rate. Default of payment occurs in case of non-payment either without reminder 30 days after the due date and receipt of our invoice or with the day after reminder. In addition, we can assert default damages in the amount of 40, – € to customers as entrepreneurs in accordance with § 288 Abs. 5 BGB. The lump sum is to be credited to a due damages, as far as the damage consists of costs for the prosecution as in particular lawyer fees. Notwithstanding we remain the assertion of further claims for damages, in particular higher interest, additional costs and to consumers reminder fees in the amount of 2, – € per reminder. Bank costs incurred by incorrect account information or unauthorized remittance can be charged to you as a customer, unless you are not responsible for the misrepresentation. You are entitled to prove that we have suffered no or less damage.
8. Retention of title
8.1. Until the full payment of the purchase price, the goods remain our property. As a customer, you are obliged to treat the delivered goods with care.
8.2. In case of breach of contract by you as a customer, especially in case of non-payment of the due purchase price, we are entitled to withdraw from the contract according to the statutory provisions and to demand the goods (hereinafter also “reserved goods”) on the basis of the retention of title and withdrawal. If you do not pay the purchase price, we may only assert these rights if we have unsuccessfully set a reasonable deadline for payment or if such a deadline is dispensable in accordance with statutory provisions.
8.3. If you have made the order as a company, the following applies in addition:
a. We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b. You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c. In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d. We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
9. Offsetting and retention rights
9.1. You are only entitled to set-off if your counterclaims have been legally established or recognized by us.
9.2. To exercise a right of retention, you as a customer are authorized to the extent that the counterclaim on which you base your right of retention is undisputed, legally binding or ready for decision and based on the same contractual relationship. If there are any deficiencies affecting the use of the subject matter of the contract, you are only entitled to provisionally withhold the contractually owed remuneration in accordance with the amount of the defect removal expense.
10. Remedy of defects
We provide remedy of defects in accordance with the following regulations:
a. For sales contracts with consumers, we provide our defect removal obligations on the basis of statutory provisions.
b. If you have made the order as a merchant within the meaning of the German Commercial Code, you are obligated to inspect the delivered goods promptly with the due diligence required by the circumstances and to immediately notify us of any material defects. After the discovery of the goods, non-ascertainable material defects must also be reported immediately to us in compliance with the claiming requirements under sentence 1. If you fail to comply with these obligations, the delivered goods shall be deemed to have been approved with regard to this material defect, with the result that the assertion of claims for defects is excluded. This does not apply to malice.
c. Within the framework of supplementary performance, we have the choice to companies as to whether supplementary performance should be carried out by repair or replacement. If the supplementary performance fails, you can withdraw from the contract if the legal requirements are met or reduce the agreed remuneration and, if necessary, demand compensation for damages. For used goods, the elimination of defects is excluded with the restrictions set out in Section 11.
11. Liability
11.1. We are liable for whatever legal reason (eg breach of duty, unlawful act) – subject to the provisions in Section 12 – for damages or reimbursement of futile expenses in accordance with the following provisions:
a. in case of intent or gross negligence, in case of fraudulent concealment of a defect or in the absence of one in accordance with section 6.5. exceptionally accepted in writing quality or durability guarantee according to § 443 BGB without limitation of the amount;
b. in case of slight negligence, if a contractual cardinal obligation is violated. Contractual cardinal obligations are such obligations that protect contract-relevant legal positions of the customer, which the contract has to grant according to its content and purpose, or the fulfillment of which enables the proper execution of the contract and on whose fulfillment the customer may rely. Liability for each individual case of damage is limited to the contract-typical damage foreseeable at the time of conclusion of the contract. Incidentally, the liability is excluded for other damages caused by slight negligence and towards companies due to loss of profit, extra work of the customer, loss of use and / or loss of turnover. The regulation in section 11.2. stays untouched.
11.2. Liability for damage to life, limb or health is governed by the statutory provisions. The mandatory provisions of the Product Liability Act remain unaffected.
11.3. For you as a customer, the obligation exists – as far as possible – to report any damage in the sense of the above liability regulations to us in text form or to have it recorded by us, so that we are informed as early as possible and may, together with the damaged customer, be able to reduce the damage.
11.4. The above restrictions also apply in favor of our legal representatives and vicarious agents, if claims are made directly against them.
12. Statute of limitations
12.1. For consumers as a customer, the limitation period for defect removal claims for new goods and for any claims for damages is two years from the delivery of the goods. For used goods, the limitation period is one year. If the customer is a company i. P. V. § 14 BGB, the limitation period for new goods is one year from delivery. The statute of limitations for recourse claims in case of a supplier recourse according to §§ 478, 479 BGB remains unaffected.
12.2. For other claims of the customer under contract as well as from a debt relationship (§ 311 Abs. 2 BGB) is a limitation period of one year from the statutory limitation period. The claims become statute-barred at the latest with the expiration of the statutory maximum periods (§ 199 Abs. 3 and 4 BGB).
12.3. In the case of intent, gross negligence and written warranty, the statutory limitation periods apply.
13. Applicable law / jurisdiction
13.1. These terms and conditions and on their basis between you and us concluded contracts are subject to the law of the Federal Republic of Germany to the exclusion of UN sales law. If you as a consumer have concluded the contract, the mandatory provisions of the legal system of the state in which you have your habitual residence remain unaffected.
13.2. If you, as a customer, are a merchant, a legal entity under public law or special fund under public law, or have no place of jurisdiction in Germany after the conclusion of the contract or your domicile is not known at the time the action is brought, the place of jurisdiction for all Contracts concluded in compliance with these Terms and Conditions shall be the court of our jurisdiction in Augsburg (Germany).
14. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an Online Dispute Resolution (OS) platform that you, as a customer, can find at https://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
15. Text form / other regulations
15.1. Oral side agreements, changes or additions to the purchase contract and the terms and conditions require the text form to be effective. This also applies to this form requirement. Non-conforming changes are ineffective. The effectiveness of individual agreements, regardless of their form, remains unaffected by this clause.
15.2. Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.