Terms

General Terms and Conditions of Sale

Of Marschall Versand, 97816 Lohr am Main

(As of 13.04.2016)

 

General terms and conditions

1. Scope

Our terms and conditions apply to all orders via our online shop by consumers and contractors.

Consumer is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational activity. Contractor is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

The applicable version of these Standard Terms and Conditions shall also govern all future business relations as against to contractors, without that we would again refer to them.

General terms and conditions of the Contractor that are contrary to or differ from the following terms and conditions are rejected; we shall only recognise these if we have given express written consent.

 

2. Contract Partner, Conclusion of the Contract

The contract of sale comes into being with Marschall-Versand

Turmstraße 10 

Postfach 1662

97816 Lohr a. Main 

Tel.: +49 9352 89671

Fax: +49 9352 89672

Business owner: Christoph Marschall.

With the placement of products in the online shop, we submit a firm offer on these articles to the signing of the contract. If you have found an item you like to purchase, you can add this item to the shopping cart. You may change or correct your input data anytime during the order process by using provided and explained correction help. The contract comes into force by clicking on the order button. Immediately after sending off of your order you will receive a confirmation of reception of the order via e-mail.

 

A binding contract is realized:

- If you have chosen credit card payment, the contract comes about at the time of credit card load.

- If you have chosen the payment kind PayPal, the contract comes about at the time of your confirmation of the order to pay in PayPal.

German is the only language available for conclusion of a contract.

We save the contract text and send the order data and our Terms and Conditions by e-mail to you.

You can see the Terms and Conditions at any time on this page. Your previous orders are not accessible for safety reasons any more on the Internet.

 

3. Terms of delivery

Additionally to the indicated prices we calculate delivery charges. For more information on the height of the forwarding expenses you find with the offers.

We deliver only in the dispatch way.

Unfortunately, a pickup by the customer of the product is not possible.

We do not deliver to packing stations.

 

4. Payment

In our shop the following payment kinds are available to you:

Prepayment:

When selecting the payment method “Prepayment” we will name our bank data in the order confirmation and deliver the goods after payment has been received.

Credit card:

The debit of the credit card results after the order has been completed.

Paypal:

They pay the invoice amount about the online supplier Paypal. They must be registered basically there or register only themselves, with your access data legitimize and confirm the order to pay to us. For further information refer to the order process.

 

5. Cancellation

The legal cancellation right is entitled to consumers like in the cancellation instruction described. 

No voluntary cancellation right is granted to contractor.

 

6. Reservation of title

Unless fully paid the goods shall remain our property.

For contractor is valid in addition: We retain title to the product until full payment of all claims relating to a current business relationship has been made. They may resell the reservation product in the wall-arranged business concern; you resign all demands originating from this resale – regardless of a connection or mixture of the reservation product with a new thing – by height of the invoice amount to us in advance, and we accept this cession. They remain authorized for the collection of the demands, we may draw demands, nevertheless, also ourselves, as far as you do not follow to your bills of debt. 

 

7. Damages in transit

Is valid for consumer: If goods should be delivered with obvious transport damage, please inform the delivery company about this without delay and contact us immediately. The absence of a claim or the absence of contacting us does not have any consequences concerning your legal claims or the enforcement of those claims, especially not with regards to warranty claims. However, they help us to be able to assert our own claims towards the carrier or transport assurance.

Is valid for contractors: The danger of the accidental setting and the accidental deterioration goes over on you, as soon as we have delivered the thing to the forwarding agent, the carrier or, otherwise, for the implementation of the sending certain person or institution. Among businessmen is valid in §377 HGB regulated investigation and rebuke duty. If you omit from the announcement regulated there, the product is valid as approved, unless it concerns a lack which was not recognizable with the investigation. This is not valid, if we have hidden a lack cunningly.

 

8. Warranty and guarantee

Unless otherwise agreed below, the legal liability for defects right is valid.

For consumers the period of limitation amounts for fault claims with used things a year from delivery of the product. 

For contractures the period of limitation amounts for fault claims a year from danger crossing; the legal periods of limitation for resort claim after § 478 Civil Code (BGB) remain untouched.

Compared with contractors is valid as an arrangement about the state of the product only our own information and the product description of the manufacturer which were included in the contract; for public statement of the manufacturer or other advertising statements we assume no liability.

If the delivered goods is defective, we provide towards contractors first after our choice guarantee by removal of the lack (finishing touches) or by delivery of a thing free of lack (replacement).

This limitation and deadlines does not apply for claims on the basis of damages which were caused by us, our legal representatives or fulfillment assistants

- by injury of the life, the body or the health

- by deliberate or roughly careless duty injury as well as guile

- by injury of the essential contract duties, which have a particular importance for achieving the purpose of the contract and can therefore be considered to be fulfilled, are violated (cardinal duties).

- within the scope of a guarantee promise, so far agrees

- as far as the range of application of the product liability law is opened.

You find information too if necessary to valid additional guarantees and their exact conditions in each case with the product and on special sides of information in the shop.

 

9. Liability

We stick for claims on the basis of the damages which were caused by us, our legal representatives or fulfillment assistants always unrestrictedly

- by injury of the life, the body or the health

- by deliberate or roughly careless duty injury

- with guarantee promise, so far agrees

- as far as the range of application of the product liability law is opened.

By injury of the essential contract duties, whose fulfillment generally only allows the proper realization of the contract and may trust in their observance of the contracting partners regulary (cardinal duties) by light carelessness of us, to our legal representatives of fulfillment assistants the liability is limited after the height to the damage predictable with contract end on whose origin typically must be calculated.

Otherwise claims to compensation are excluded.

 

10. Final clauses

If you are contractor, German law under exclusion of the UN Sales Convention is exclusively valid.

If you are a businessman for the purposes of the code of commercial law, a legal entity of the public right of public law special property, is exclusive legal venue for all disputes from contractual relationship between us and you our place of business.