The following general terms and conditions are applied as valid at the time of the order and exclusively used for the business relationship between Meier-NT GmbH and the customer for ordering goods on the homepage www.eurofrequence.de.
Conflicting, different, additional or supplemental terms and conditions of the customer are not accepted by Meier-NT GmbH, unless Meier-NT GmbH has explicitly agreed to it in a written approval.
Conclusion of contract
The available language for the conclusion of contract is exclusively German.
The presentation of goods on www.eurofrequence.de is not an offer of Meier-NT GmbH to enter a purchase agreement. Only the order of goods by the customer constitutes a binding offer by the customer to Meier-NT GmbH to conclude a purchase contract. The customer makes a binding offer in the ordering process by clicking on the button „Place order“ on the page „Complete order“. The customer is bound to this offer for 2 weeks after placing the order. After receipt of the order Meier-NT GmbH will inform the customer about the receipt of his order by e-mail (acknowledgment of receipt). The acknowledgment of the order does not constitute acceptance of the purchase contract offer, it only serves to inform the customer. The purchase contract is only concluded upon acceptance of the offer by Meier-NT GmbH. Acceptance is carried out either by another e-mail (the Dispatch Confirmation) or by delivery of the goods. On goods from the same order, for which there is no acceptance by Meier-NT GmbH (which are therefore not included in the shipping confirmation and are not delivered), no contract of sale is concluded.
Meier-NT GmbH will only enter into contractual relationships with persons of legal age.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day, on which you or an authorized third party representative, who is not the carrier, took possession of the goods. To take your right of withdrawal to claim, you must inform us (Meier-NT GmbH, Rittergutsweg 5, 08297 Zwönitz Germany) by means of a clear declaration about your decision to withdraw from this contract (e.g. sent by post mail, fax or email). You can use the attached sample withdrawal form for this purpose, which is not mandatory, however. You can also download the sample withdrawal form or any other clear statement of intent on our website (Widerrufsformular). In order to observe the revocation period it is sufficient for you to submit the message about the exercise of the right of withdrawal before the withdrawal deadline.
Consequences of withdrawal
If you withdraw from this contract, we have to repay you all the payments that we have received from you, including delivery costs, without delay and at the latest within fourteen days from the date on which your notice of revocation of this contract with us is received. However, this does not include the additional costs arising from the fact that you have chosen a type of delivery other than the favorable standard delivery that is offered by us. For this repayment, we use the same method of payment that you used for the initial transaction, unless we explicitly agreed on something else. Under no circumstances you be charged fees for this repayment. We may withhold the repayment until we have received the goods back or until you provided evidence that you have returned the goods, whichever comes first. You have to return or to pass the goods promptly and in any case not later than within fourteen days from the date on which you notify us about the cancellation of this contract to us:
Tel: 037754 304 73
Fax: 037754 304 55
The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, if you caused the deterioration in value by inappropriate handling, which is not necessary to verify the condition, the characteristics or the functionality of the goods.
Indication of non-existence of the right of withdrawal
The right does not apply to distance contracts:
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
- for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs.
- if the customer is an entrepreneur, i.e. a natural or legal person or a legal partnership, which is concluding the legal transaction in their commercial or independent professional activity.
End of withdrawal
Exclusion of withdrawal:
The right of withdrawal not apply on distance contracts:
-for delivering goods that are produced according to customer specifications or clearly tailored to personal needs
-if the customer is an entrepreneur, that is a natural or legal person or a legal partnership, in concluding the legal transaction in their commercial or independent professional activity
Availability of goods
Meier-NT GmbH is entitled to withdraw from the contract if Meier-NT GmbH, is not properly or not supplied in time by their suppliers. However the right to withdraw does not persist if Meier-NT GmbH is responsible for the unavailability of the goods. The customer will be informed about the unavailability of goods immediately. Money considerations of the customer will be refunded immediately in such a case.
Unless otherwise agreed, delivery shall be made to the address specified by the customer.
Statements about the delivery deadline are not binding, unless a delivery date has been explicitly agreed to by Meier-NT GmbH.
Meier-NT GmbH is entitled to make partial deliveries. For part deliveries the customer only has to bear the shipping costs that would have been paid for a total delivery of the goods ordered.
The customer is obliged to ensure that only he himself or adult persons who are authorized by him to accept the delivery will accept the delivery. The customer keeps Meier-NT GmbH indemnified against claims of third parties arising from the breach of this obligation.
If the customer is in default of acceptance or culpably violates other cooperation obligations, Meier-NT GmbH is entitled to demand compensation for the damages thereby, including any additional expenses. Further claims are reserved.
The risk of accidental loss or accidental deterioration of the goods is transferred to the customer at the time in which he is in default of acceptance.
The prices are valid as at the time of ordering. All prices include the applicable German VAT.
There are also possible shipping costs.
Terms of payment
The purchase price is due to pay at the conclusion of the purchase contract.
The customer has the option to pay in advance, via PayPal or by surname. Meier-NT GmbH reserves the right to specify one of these payment methods as binding for the customer. The possibility of discount-deduction does not exist.
In the case of non-payment or return of a direct debit, the customer hereby irrevocably authorizes his bank, to share his name and current address with Meier-NT GmbH. Possible return debit charges that got invoiced from Meier-NT GmbH by reasons for which the customer is liable, may be reclaimed from the customer.
Simple retention of title
Until full payment of the purchase price the delivered goods remain property of Meier-NT GmbH.
Extended retention of title for entrepreneurs
For entrepreneurs, that is a natural or legal person or a legal partnership, in concluding the legal transaction in their commercial or independent professional activity, the customer is entitled to resell the reserved goods in the ordinary course of business. In this case however the customer shall assign all claims arising out of such a resale for the total invoice amount (including VAT) of the requirement of Meier-NT GmbH to Meier-NT GmbH, no matter if this occurs before or after any processing of the goods delivered under retention of title. Despite the authority of Meier-NT GmbH to collect the claim itself, the customer after the assignment shall still be entitled to collect the receivable. In this context Meier-NT GmbH agrees not to collect the claim, as long and as far as the customer meets his payment obligations, no application is filed for insolvency or similar proceedings and the payment is not suspended. But if this is the case, then Meier-NT GmbH may require that the customer announces the assigned claims and their debtors to Meier-NT GmbH, provides all information necessary for collection, hands over the relevant documents and informs the debtors about the assignment. Insofar as the above securities exceed the secured claims by more than 10%, Meier-NT GmbH is obliged to release the securities as selected by Meier-NT GmbH, at the request of the customer.
If the ordered goods are defect, the statutory provisions apply.
Meier-NT GmbH is liable for damages in the event of intent or gross negligence in its entirety.
A liability for simple negligence subsists only for damages arising from injury to life, body or health as well as in violation of a contractual obligation, whose fulfillment enables the proper execution of the contract or whose breach endangers the purpose of the contract and on whose compliance the customer regularly trusts (cardinal obligation). In case of a negligent breach of cardinal obligations, the liability is limited to typical and foreseeable damages. A statutory strict liability (e.g. according to the Product Liability Law) and any liability of any assumption of a guarantee shall remain unaffected.
The legal representatives, employees and agents of the Meier-NT GmbH are not more liable than the Meier-NT GmbH itself.
Your personal information will be treated confidentially by us. Your personal data that you provide us with for making contact with you, will be stored and processed by us for this purpose. These are usually your name, your e-mail address, your address, your phone number or fax number.
We use your information to send you attractive offers. We use your data for our own purposes, but do NOT give them to anyone else. You may at any time revoke the use of your personal information by notifying us in writing or by email to us. Upon receipt of your revocation, we will stop to send you further information immediately.
The law of the Federal Republic of Germany is applied under exclusion of the CISG. This also applies when the order came from another country than Germany or if the goods are shipped into another country than Germany.
Place of performance and exclusive place of jurisdiction for deliveries and payments (including checks and action on bills) as well as all disputes arising, if the buyer is a merchant, a legal entity under public law or public law special fund, is the court responsible for our corporate headquarters. However, we are entitled to sue the buyer at his jurisdiction.
The terms and conditions are governed exclusively by the law of Germany, excluding the UN sales law.
If one or more provisions should be invalid, this shall not affect the validity of the remaining provisions.