Terms of Service
Shaft road 8
Monday-Thursday from 8 am to 12 noon and 2 pm to 4 pm
Friday from 8 am to 12 noon
Owner: Micheal Pawlak
Responsible for all content:
All content is subject to copyright. The use is always subject to prior written approval.
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Terms of Service
§ 1 Scope and SupplierMetal & Arts
(1) These general terms and conditions apply to all orders placed with the online shop Metall & Arts Schachtstraße 8 59379 Selm,
Managing Director: Micheal Pawalk,
(2) The goods offer in our online shop is exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business also apply to all companies, even if not explicitly agreed upon. The inclusion of a customer's general terms of business, which contradict our general terms and conditions, is already being contradicted.
(4) The contract language is exclusively German.
(5) You can check the currently valid terms and conditions at the
Website www.metalandarts.de www.metalandarts.comwww.metalandarts.eu
Retrieve and print.
§ 2 Conclusion of contract
(1) The merchandise presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.
(2) By clicking the "Order now payable" button, you make a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer you will receive an automatically generated email with which we confirm that we have received your order
(Acknowledgment of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase agreement on the goods comes into existence only if we explicitly declare acceptance of the purchase offer or if we send the goods to you without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages contain the legal VAT and other price components and are subject to the respective shipping costs
§ 4 Terms of payment; delay
(1) The payment is made alternatively:
Invoice in advance, Paypal or cash payment
(2) If you choose the payment method "Prepayment", we will call you our bank account in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
(3) If you are in default with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the basic interest rate. A reminder fee of EUR 2.50 will be charged to you for each reminder sent to you after the delay has occurred, unless a lower or higher damage is proved in the individual case.
§ 5 Offsetting / Right of Retention
(1) You are entitled to a right of set-off only if your claim has been legally established, is not denied or acknowledged by us or is in a strict synallagmatic relationship with our claim.
(2) You can exercise a right of retention only if your claim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition:
- We retain title to the goods until the complete settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- You may resell the goods in the normal course of business. In this case, you are already assigning to us all receivables in the amount of the invoice amount, which are made to you from the resale. We accept the assignment but you are authorized to collect the receivables. If you do not fulfill your payment obligations properly, we reserve the right to collect claims ourselves.
- In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value Of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is our responsibility.
§ 7 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), ie you make the purchase for purposes which can not be attributed mainly to your commercial or independent professional activity, you have a right of revocation under the following provisions.
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you must contact us
Company: Address: Metal & Arts Schachstraße 8 59379 Selm
By means of a clear statement (eg a letter or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us or to ... immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days.
They bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and return it.
I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
Ordered on (*) / received on (*)
Name of consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
End of revocation
(1) The right of revocation does not exist in the case of delivery of goods which are not prefabricated and whose production is subject to an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (eg Your photo and your name), when delivering sealed goods,
Reasons of health or hygiene are not suitable for return if their seal has been removed after the delivery or when the sound or video recordings or computer software are delivered in a sealed package if the seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer wrapper. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damage claims due to defective packaging.
(3) Please call us before return at [Tel.Nr02592 / 2494614 to announce the return. This allows us to assign the products as quickly as possible.
(4) Please note that the information referred to in paragraphs 2 and 3 above (1) In the event that goods are delivered with obvious damage to transport, please report such faults immediately to the supplier and contact us as soon as possible. (2) Failure to comply with the terms of the contract Complaint or contact has no consequences for your statutory warranty rights. However, they will help us to assert our own claims against the freight carrier or the transport insurance.§ 9 Guarantee (1) Unless otherwise expressly agreed, your warranty claims are determined according to the legal provisions of the purchase law (§§ 433 ff. (2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is - one year - deviating from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is possible at first and on which the contractual partner may regularly rely (cardinal obligation) (4) If you are an entrepreneur within the meaning of § 14 German Civil Code (BGB), you are entitled to the following: The statutory provisions shall be subject to the following modifications: - For the quality of the goods, only our own data and the product description of the manufacturer are binding, but not public advertisements and statements and other advertising by the manufacturer To inspect the goods without undue delay and with due diligence on quality and quantity deviations, and to notify us of obvious defects within 7 days from receipt of the goods. Timely forwarding is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to inspect and to notify us. In the case of defects, we shall, at our discretion, provide warranty by repair or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of fulfillment, provided that the shipment does not correspond to the intended use of the goods.-If the supplementary performance fails twice, (1) Unlimited liability: We shall be liable without limitation for willful intent and gross negligence, as well as in accordance with the Product Liability Act (Produkthaftungsgesetz). We shall be liable for minor negligence in the event of damage resulting from injury to life, body or health of persons. (2) In addition, the following limited liability applies: In case of slight negligence, we shall be liable only in the event of a breach of a material contractual obligation, the fulfillment of which allows the proper execution of the contract at first and on which you may regularly trust (cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the conclusion of the contract, which must typically be expected. This limitation of liability shall also apply to our fulfillment aid.§ 11 Final provisions (1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected Applicable to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UNKaufrecht"). (3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising from or in connection with contracts between us and you.