Applicable for the relation between MGT Sports GmbH i.G. (hereinafter referred to as “MGT”) and the contractual partner (hereinafter referred to as “CUSTOMER”) are only subsequent General Conditions in the respective version that applies on the respective date of the order of the CUSTOMER. Differing conditions of the CUSTOMER will not be accepted by MGT unless MGT has expressively approved such conditions in writing.
The order of the CUSTOMER shall be deemed as an offer to MGT for the intention of the conclusion of a purchase contract. After placing the order by the CUSTOMER at MGT via internet, MGT will forward an e-mail to the CUSTOMER, which will confirms the access of the order in detail at MGT. (acknowledgement of receipt). This acknowledgement of receipt shall not be deemed as confirmation of the CUSTOMERS order; it shall only confirm the receipt of the order. Irrespective of the medium of correspondence a binding conclusion of the purchase will not become effective until MGT has shipped the ordered goods to the CUSTOMER or MGT has confirmed the order expressively at least in text form. MGT reserves the right to provide in quality and price comparable goods and/or not to carry out the order and shipping if the ordered goods are not available for MGT. Statements concerning the date of delivery are not binding. MGT will not file the text of contract.
3. Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
To exercise the right of withdrawal, you must inform us
MGT Sports GmbH
Zum Bühlwengert 3
FAX: +49 (0) 7191 22 79 28
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same method of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately the costs of shipping to you according to shipping costs accounted on your invoice. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal shall not exist in the event of contracts concerning the delivery of goods which are not prefabricated and for their fabrication an individual selection or determination by you will not be relevant or if the goods are not obviously fitting your personal demands.
The right of withdrawal shall not apply in the event CUSTOMER will be considered as entrepreneur according to § 14 German Civil Code and/or if the right of withdrawal is not statutory in the respective country in which the CUSTOMER resides.
4. Warranties for defects
There are legal warranty rights for all goods from our shop.
Should the delivered goods be defected, MGT is initially only obliged to subsequent performance. Should the subsequent performance in the way of remedy or replacement delivery fail, the CUSTOMER is entitled to request the reduction of the purchase price or to rescind from the purchase. Therefore the CUSTOMER is obliged to notify MGT within 2 weeks after receipt of the goods if the delivered goods are apparently defective. The obligations for inspection and objection applying for merchants according to §§ 377 and 378 German Commercial Code (“HGB”) shall remain unaffected.
In the event that the CUSTOMER is a merchant, objectives of defects shall not affect the due-date of the claim for the purchase price unless MGT has accepted the objective of the defect in writing or it is absolute jurisdictionally accepted.
MGT is only obliged to compensate damages, if
- MGT has harmed essential contractual obligations
- the damages are based on a grossly negligent or intended act/misfeasance of MGT
- by the infringement of life, body and/or health
- in other cases if the liability is mandatory by law.
In the event that the contractual partner is deemed as a merchant the liability is limited to the typical risk of the respective purchase. In the event that MGT has not harmed essential contractual obligations and MGT has not acted with grossly negligence or intention, the liability is limited to the tenfold of the order value.
In the event the liability is not statutory in the respective country the CUSTOMER resides, the liability of MGT shall not apply.
The delivered goods remain the property of MGT until payment is completed in its entirety. In the event that the CUSTOMER is in default with its obligation of payment, MGT is entitled to claim interest for default amounting to 5 percentage points above the respective base lending rate (or amounting to 8 percentage points in the event that the CUSTOMER is a merchant). The CUSTOMER is only entitled to settle such claims against MGT that are uncontested or which are absolutely jurisdictionally accepted.
A redistribution / resale or other distribution of the goods from outside the European Economic Area MGT is prohibited without permission of MGT; in the event of the redistribution of the goods of MGT CUSTOMER is obliged to impose this obligation to his customers on his part. Notwithstanding the preceding sentence CUSTOMER is obliged to hold MGT harmless in respect of all damages arising from the goods sold by MGT to the CUSTOMER that may be asserted against MGT from an area from outside the European Economic Area and/or damages depending on a damaging event occurred outside the European Economic Area due to the goods sold by MGT.
In the event CUSTOMER will be considered as entrepreneur according to § 14 German Civil Code the law of Germany will apply under exclusion of the UN Sales Convention (CISG). For foreign customers, merchants, legal entities under public law the court of jurisdiction shall be Backnang, Germany.
Status: August 2015