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Conditions of Use

General terms and conditions for business customers
General terms and conditions for private customers

General terms and conditions for business customers

§ 1 Scope and Business Information

  1. This is a translation of the German terms and conditions provided for your convenience. In any case the German version is the binding version of these terms and conditions. These terms and conditions apply to all orders placed by business customers at the online shop Mightygrip.de
    Managing Director: Franz Wegener
    Service Hotline: 030-221502828
    E-Mail: info@mightygrip.de
  2. These general terms and conditions apply exclusively to buyers who are 18 years of age and are regarded as entrepreneurs within the meaning of section 14 (1) of the German Civil Code (BGB).
  3. Our deliveries, services, and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions are therefore valid for all future business relations, even if they are not expressly agreed again. The inclusion or application of terms and conditions of a customer are already being contradicted.
  4. The contract language is German only. The German version is the binding version of these terms and conditions.
  5. You can view and print the current terms and conditions from our the website at any time.

§ 2 Conclusion of Contract

  1. The presentation of the merchandise 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 "Buy" button, you enter a binding purchase offer (§ 145 BGB).
  3. After receipt of the purchase offer you will receive an automatically generated email, with which we confirm that we have received your order (confirmation of receipt). This receipt does not constitute acceptance of your purchase offer.
  4. A purchase contract is only concluded when we explicitly declare acceptance of the purchase offer Or if we deliver the goods to you without prior express declaration of acceptance.

§ 3 Invoice

  • You agree that you will receive invoices electronically. Electronic invoices will be made available in printable format in the "My account"-Area provided on the website. For more information about electronic invoices and for instructions on how to get a paper copy of the invoice, please visit our help pages or contact us.

§ 4 Prices

  • The prices listed on our website are in EURO. They contain the legal VAT and other price components, but exclude shipping charges. Price can be subject to changes and errors.

§ 5 Terms of payment; Default

  1. Payments are made through one of the payment methods offered on our website.
  2. If you choose the payment type "Prepayment / Vorkasse", we will give 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. Should for any reason the goods be delivered before the payment has arrived, the invoice shall be payable within 10 days from invoice date without deduction.
  3. Any bank charges for money transfers shall be borne by the customer. In addition, we reserve the right to deliver only against advance payment.
  4. If you pay by direct debit, you have to bear the costs, if any, that arise from charge backs, insufficient funds, or are caused by incorrect data about your bank account.
  5. If you are in arrears with a payment, you are required to pay the statutory interest on arrears of 9 per cent above the base interest rate. We are also eligible to claim a late fee of 40 euros. The assertion of further damages is reserved.

§ 6 Offsetting / Right of Withholding

  1. You are only entitled to a right of set-off if your claim has been legally established or is not disputed by us.
  2. You can only exercise a right of retention if your claim is based on the same contractual relationship.

§ 7 Delivery; Retention of title

  1. Orders are usually processed and sent immediately after the order has been received. For deliveries abroad, we only charge the shipping costs actually incurred and try to choose the most favorable shipping route. In addition, we reserve the right to deliver to customers only after payment in advance. In the event of a refusal of acceptance, we shall charge the costs incurred.
  2. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
  3. We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. Before transition of the ownership of the reserved goods, a pledge or security transfer is not permitted.
  4. You may resell the goods in the ordinary course of business. In this case, you are already assigning all receivables to the amount of from the resale, to us. We accept the assignment, but you are authorized to collect the receivables. As far as you do not honor your payment obligations we reserve the right to collect claims ourselves.
  5. In case of mixing of the reserved goods, we acquire co-ownership of the new items in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
  6.  
  7. If the value of the securities is more than 10% above the value of the secured debt claim we release the securities to which we are entitled on request.The choice of collateral to be released is our responsibility.

§ 8 Warranty

Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB) with 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.
  • You are obliged to inspect the goods with due diligence for quality and quantity deviations and inform us about any defects within one week after receipt of the goods. This also applies to hidden defects discovered later from the moment of discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the seller.
  • In the event of defects, we shall, at our discretion, make a warranty by repair or replacement (supplementary delivery). In the case of rectification, we shall not bear the increased costs resulting from the shipment of the goods to a place other than the original place of delivery.
  • The warranty period is one year from date of delivery. This limitation does not apply to claims due to damages from the injury to life, body or health or from the infringement of a material contractual obligation, the fulfillment of which is necessary to the proper execution of the contract and the compliance on which the contractual partner may regularly rely on (Cardinal obligation).This limitation also does not apply to claims due to other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.

§ 9 Liability

  1. Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages from injury to life, body and 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 enables the proper implementation of the contract in the first place and which you may regularly trust to comply with (Cardinal obligation). Liability for slight negligence shall be limited to the foreseeable damage that can be foreseen at the time of conclusion of the contract. This limitation of liability also applies to our vicarious agents.

§ 10 Gift vouchers

  1. Customers can purchase gift vouchers through our website, which can be used to purchase merchandise on our website.
  2. However, it is not possible to buy other gift vouchers with gift vouchers.
  3. The gift vouchers can be redeemed in whole or in part. When buying goods by redeeming gift vouchers the full purchase price will be deducted from the credit balance on the gift voucher. If the purchase value of an order exceeds the value of a gift voucher, the difference can be paid with any other means of payment offered by us for the order.
  4. Credit balances or residual credit of gift vouchers are not paid out in cash and are not interest-bearing.
  5. In the case of the reverse processing of a purchase contract, the purchase price will be refunded to the credit account. This is done irrespective of the reason for the purchase being reverted. If an order was paid for by a gift voucher and another payment method, then the same number methods are used for the refund as for the purchase.
  6. Gift vouchers must be protected against unauthorized use by third parties. The unauthorized use of the gift vouchers for advertising purposes, as well as the resale of gift vouchers, is prohibited. We reserve the right to block gift vouchers in case of fraud or misuse. If the redemption is impossible due to theft, unreadability, loss or other technical errors, we shall be liable only in the limits specified in these General Terms and Conditions under §9.

§ 11 Regulations for orders from non-EU countries

  1. If the destination country is outside the EU, in some cases, the destination country may charge taxes, duties and other charges that we have no influence on and which we can not foresee.
  2. These additional costs are borne by the customer.
  3. You can obtain binding information from your customs authorities.
  4. Due to processing in customs, there may be delays above the estimated delivery time on the website.

§ 12 Privacy Policy

  •    Your personal data will be stored in our customer database in the course of order processing. We are not sharing your information with any third parties other than to the extent necessary to fulfill the order.

Section 13 Liability for links

  • Our offer contains links to external websites of third parties on whose content we have no influence. Therefore we do not assume any liability for these foreign contents. For the contents of the linked pages the respective provider or operator of the sites has the sole responsibility. At the time of linking, the linked pages were checked for possible errors and legal infringements. Illegal contents were not recognizable at the time of linking. Because a permanent content control of linked pages is unreasonable with no concrete grounds for an infringement, we shall remove any such links when we are made aware on an infringement.

§ 14 Copyright

  1. The content and works created by the site operators on these pages are subject to German copyright law.
  2. The processing, copying, distribution and any kind of exploitation beyond the limits of copyright require our written consent.
  3. Downloads and copies of this page are only permitted for private, non-commercial use.
  4. The copyrights of third parties are respected, as far as the contents on this page were not created by the operator.
  5. In particular, third-party content is marked as such.
  6. If you are nevertheless aware of copyright infringement, please let us know. We will remove such content immediately if any infringement becomes known.

§ 15 Final provisions

  1. Should one or more provisions of these General Terms and Conditions be or become ineffective, the effectiveness of the other provisions shall not be affected.
  2. German law shall exclusively apply to contracts between us and you under 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, the place of business of the seller is the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.

General terms and conditions for private customers

§ 1 Scope and provider

  1. These General Terms and Conditions apply to all orders from private customers (customers who are not to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB) at the online shop of
    Mightygrip.de ,
        Managing Director: Franz Wegener,
        E-Mail info@mightygrip.de
  2.     
  3. Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions
  4. The contract language is German only. The German version is the binding version of these terms and conditions.
  5. You can view and print the current terms and conditions from our the website at any time.

§ 2 Conclusion of contract

  1. The merchandise review in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods from the online shop.
  2. By clicking the "Buy“ button you make a binding purchase offer (§ 145 BGB).
  3. After submission of the purchase offer you will receive an automatically generated e-mail with which we confirm that we have received your order (receipt confirmation). This receipt does not constitute acceptance of your purchase offer.
  4. A purchase contract for the goods only comes into existence when we expressly declare the acceptance of the purchase offer or if we have sent the goods to you.

§ 3 Invoice

You agree to receive bills electronically. Electronic invoices will be provided to you in PDF format in the My account section of the website. For more information on electronic invoices and instructions on how to get a copy of the invoice on paper, please visit our help pages or contact us.

§ 4 Prices

The prices listed on our website are in EURO. They contain the statutory value-added tax and other price components. They are excluding the respective shipping costs. Price changes and errors are reserved.

§ 5 Terms of payment; Default

  1. Payment is made through one of the payment methods offered on our website.
  2. If you choose the payment type "Prepayment / Vorkasse", we will give 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. Should for any reason the goods be delivered before the payment has arrived, the invoice shall be payable within 10 days from invoice date without deduction.
  3. Any bank charges for money transfers shall be borne by the customer. In addition, we reserve the right to deliver only against advance payment.
  4. If you pay by direct debit, you have to bear the costs, if any, that arise from charge backs, insufficient funds, or are caused by incorrect data about your bank account.
  5. If you are in arrears with a payment, you are obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the basic interest rate. For each letter of formal notice which will be sent to you upon the occurrence of the delay, a reminder fee of EUR 2.50 will be charged to you, unless a lower or higher loss is proven in the individual case.

§ 6 Offsetting / Withholding right

  1. A right to set-off is only granted to you if your claim has been ascertained by law, is not been denied by us and is in a narrow synallagmatic relationship with our claim.
  2. You can only withhold a right of retention if your claim is based on the same contract relationship.

§ 7 delivery; Retention of title

  1. Orders are usually processed and shipped immediately after the order has been received. For deliveries abroad, we only charge the actual shipping costs and try to choose the most suitable shipping method. In addition, we reserve the right to deliver to customers only after payment in advance. In the event of a refusal of acceptance of a delivery, we will charge the costs incurred to us.
  2.     
  3. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
  4.     
  5. The goods remain our property until full payment of the purchase price.

 

§ 8 Revocation instruction

If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. the purchase is for purposes which are not predominantly attributable to your commercial or professional activity, you have a right of revocation according to the following provisions.

Withdrawal

You have the right to revoke this agreement within fourteen days without giving any reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate who is not the deliverer has or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us
    Company: MightyGrip.de
    Address: Bergedorfer Str. 92, 12621 Berlin
    E-mail: info@mightygrip.de
    
in a clear statement (e.g. a letter or e-mail) about your decision to revoke this contract. You may use the enclosed sample revocation form, but this is not required.

In order to maintain the revocation period, it is sufficient that you send the notice of revocation before expiry of the period of revocation

Consequences of the revocation

If you revoke this agreement, we will return all payments we have received from you, including the cost of delivery from us to you, excluding the additional costs resulting from the fact that you have chosen a different type of delivery than the most cost efficient standard delivery method offered by us. The refund is done immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. Unless you have expressly agreed otherwise with you, we are using the same payment method in the refund that you have used in the original transaction. In no case will you be charged for this repayment.

We can refuse the refund until we have received the returned goods or until you have proven that you have returned the goods, whichever is the earlier. You have to return the goods to us without delay and in any case at the latest within fourteen days from the date on which you inform us of the revocation of this contract. The time limit will be met if you send the goods before the expiry of the period of 14 days.

The customer shall bear the direct costs of returning the goods.

The customer shall only be liable for any loss in value of the goods if the loss in value is attributable to a handling which is not necessary for the purpose of determining the nature, characteristics and mode of operation of the goods.

 Template withdrawal form

 If you want to revoke the contract, please fill out this form and send it back to

 Company: MightyGrip.de
    Address: Bergedorfer Str. 92, 12621 Berlin
    E-Mail: info@mightygrip.de

 I hereby (/) revoke the contract concluded by me / us (*) with the purchase of the following goods (*):
    
    
 Ordered on (*) / received on (*):
    
    
 Name of customer (s):     
    
    
 Invoice / order number (s):    
    
    
 Date:
    
  (*) please cross out whichever version does not apply:

End of the rights of revocation

  1. The right of revocation does not exist in the case of goods which are not prefabricated and for which an individual customization has taken place for the consumer or which are clearly tailored to the personal needs of the customer (e.g. T-shirts with your photo and your name).
  2. Furthermore, no right of revocation exists for sealed goods which are not suitable for re-use due to health or hygiene reasons, when the seal has been broken or removed. The same restriction applies for other sealed goods, like audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
  3. Please avoid any damage or contamination. Please return the goods in original packaging with all accessories and all parts of the packaging to us. If necessary, use a protective outer packaging. If you no longer own the original packaging, please ensure that you are adequately protected against transport damages with suitable packaging in order to avoid claims for damages due to defective packaging.
  4. Please inform us about returns and provide the order number and name, and (if applicable) your bank details for returning the money. In this way, you can enable us to quickly match the products with your order.
  5. Please note that the modalities mentioned in the preceding paragraphs 3 and 4 are not a condition for the exercise of the right of revocation.

§ 9 Damages during Transportation

  1. If goods are delivered with obvious transport damages, please report such faults to the carrier immediately and please contact us immediately.
  2. Failure to complaint or contact does not have any consequences for your statutory warranty rights. They help us, however, to claim our own claims against the freight carrier or the transport insurance.

§ 10 Warranty

  1. Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the purchase law (§sect; 433 ff. BGB).
  2. If you are a consumer in the sense of § 13 BGB, the period of limitation for warranted claims for used items - deviating from the statutory provisions - is one year. This restriction does not apply to claims for damages resulting from a breach of life, health, or from a breach of a material contractual obligation, the fulfillment of which is a the cardinal obligation, as well as for claims on the basis of other claims which are based on gross negligence or any breach of duty on the part of the user or his / her performance aids.

§ 11 Liability

  1. Unlimited liability: We shall be liable for intent and gross negligence, as well as in accordance with the Product Liability Act. We shall be liable for damage caused by the injury to life, the body and the health of persons for light driving.
  2. In the following, the following limitations apply: In the case of slight negligency, we shall be liable only in the case of a breach of a material contractual obligation, the fulfillment of which will only permit the proper execution of the contract (cardinal obligation). The liability for slight negligence is, according to the law, limited to damages foreseeable at the time of purchase, which must typically be expected. This limitation of liability shall also apply to our vicarious agents.
  3. Liability for Links
    • Our site contains links to external websites over which we have no control. Therefore, we cannot take any responsibility for the contents provided by linked partners. The respective offerer or operator of linked site always assumes full liability for their content. The linked sites were checked at the time of linking for possible violations. Illegal contents were not recognizable then. Since a permanent inspection of linked pages without specific evidence of a violation of the law is unreasonable, we will immediately remove any such links when we become aware of any infringements.

§ 12 Arrangements for orders from non-EU countries

In some cases, there will be VAT or other taxes, customs duties or fees levied by your destination country. Additional charges for taxes or customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs and taxation policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Please note that we are unable to list items as a gift or write an amount lower than the actual product price on customs forms. We are granting a 14-day right of revocation for non-EU-customers if and only if the customer returns the goods and bears the cost and risk of the return transportation.

§ 13 Complaints/Disputes

All complaints should be sent to info(at)mightygrip.de. Since February 15, 2016, the EU Commission has also provided a platform for out-of-court disputes. This allows consumers to clarify disputes related to your online order without first engaging a court. This platform can be found here: http://ec.europa.eu/consumers/odr/. Mightygrip.de is not obliged, however, to participate in dispute settlement procedures of the above-mentioned consumer arbitration boards. As a first point of contact for complaints, however, we are always at your disposal at info(at)mightygrip.de.

§ 14 Copyrights

The site content and works provided on these pages are subject to the German copyright law. Editing, copying, distribution, or any kind of exploitation outside the limits of copyright law requires our written consent. Downloads and copies of these pages are only permitted for private, non-commercial use. The copyrights of third parties are respected, as far as the content on this site is created by the operator. Third party content is marked as such. If you are still aware of copyright infringement, we ask for a hint. We will remove such content after becoming aware of any infringements immediately.

§ 15 Information about Cookies

Mightygrip uses session cookies to associate users with requests. The Web browser identifies itself to our server by sending an ID, which is stored in the session cookie. This is the safest and for the user the most convenient way to allow the use of shopping carts on the website. We do not share personal information with any third parties. On the homepage MightyGrip has a Google+ and Facebook Like Button. The cookie policies for these two tools you can read on Google and Facebook.

§ 16 Final provisions

  1. Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the effectiveness of the other provisions.
  2. The terms of the contract between us and you are exclusive to German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "United Nations Convention on Contracts for the International Sale of Goods")
  3. The place of jurisdiction is Berlin.

These terms and conditions are in part based on a sample of HÄRTING Rechtsanwälte, Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax +49 (0) 30 28 30 57 4, vertragstexte@haerting.de / p>

Last update: 01.08.2017

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