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Terms and Conditions
The following business terms are applicable to all contracts that are concluded via the website https://manufabo.com between Manufabo (C. Alexander Walle, Arfelder Hauptstr. 51, D-57319 Bad Berleburg, +49 2755 224611, [email protected], VATIN: DE314422071) – hereinafter referred to as “supplier” – and the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as “customer”.
§ 1 Scope
For the business relationship between the supplier and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The customer can select products from the assortment of the supplier and collect these over the button “Add to Cart” (/ “Quick Add” / “In den Warenkorb”) in a so-called shopping cart. Via the button “Buy Now” (/ “Place order” / “Jetzt kaufen” / “Bestellung abschicken”) the customer makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again. The customer can print out the order via the function “Print”. The order of the customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. In this, the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms, and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the language: German.
§ 3 Delivery, Product availability, Payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the supplier is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who provide a delivery address in places where the logistics partner delivers to.
(4) The customer can make the payment by Credit Card (Stripe), PayPal, Direct Bank Transfer.
(5) Payment of the purchase price is due immediately upon the conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment.
§ 4 Retention of title
Until the full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices and Shipping Costs
(1) All prices, which are indicated on the website of the supplier, are inclusive of the valid legal value-added tax (VAT).
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise any right of withdrawal.
(3) In the event of a cancellation, the customer shall bear the direct costs of the return.
§ 6 Warranty
(1) The supplier is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for goods delivered by the supplier is 12 months..
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health, or material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The supplier collects data from the customer as part of the processing of contracts. He observes, in particular, the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the supplier will only collect, process, or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of Telemedia.
(2) Without the consent of the customer, the supplier will not use the customer’s data for advertising, market, or opinion research purposes.
§ 9 Final Provisions
(1) Contracts between the supplier and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the domicile of the supplier.
(3) The contract remains binding even in the case of the legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.