Contractual conditions within the framework of contracts of sale using the platform are concluded
motan holding gmbh, Stromeyersdorfstraße 12, 78467 Constance
represented by Sandra Füllsack,
- hereinafter referred to as “Provider” -
the customer specified in § 1 of the contract
- hereinafter referred to as “Customer” -
§ 1 Scope, definition of terms
(1) Only the version of the General Terms & Conditions below that is valid at the time of ordering applies to the commercial relationship between Provider and Customer. No other general terms and conditions stipulated by the client are recognized, unless the Provider expressly agrees in writing to their application.
(2) Customers are exclusively commercial customers. A sale is only made to contractors, tradespeople, freelancers and public institutions. No sale to consumers in acc. with § 13 German Civil Code (BGB). Within the registration process, the Customer is obliged to provide tax data or to identify as a tradesperson (sales tax ID no. / tax number).
§ 2 Contract conclusion
(1) From the range offered by the Provider, the customer may select products, in particular spare parts products and products from the “Swift” product group and then place these in a shopping basket by clicking on the “Add to basket” button. By clicking on the “Complete order” button, the Customer submits a binding order to purchase the goods in the shopping basket. The Customer may amend and view the data at any time before submitting the order. However, it is only possible to submit and transmit the order if the Customer has accepted these contractual conditions by clicking on the “Accept T&Cs” button and thereby including them in the order. This order represents confirmation that the Customer is making a purchase as a commercial business and not as a consumer in acc. with § 13 German Civil Code (BGB).
(2) The Provider then sends an automatic confirmation of receipt to the Customer via e-mail, which also contains details of the Customer’s order. The Customer can use the “Print” function to print this out. The automatic confirmation of receipt simply documents the fact that the Provider has received the order from the Customer and does not represent acceptance of the order. The contract only comes into force once the Provider issues a notice of acceptance, which is sent in a separate e-mail (order confirmation). The contract text (consisting of the order, T&Cs and order confirmation) is sent (contract confirmation) from us to the Customer using a durable medium (e-mail) in this e-mail or in a separate e-mail, or at the latest upon delivery of the goods. Storage of the contract text complies with data protection.
(3) The language of contract conclusion is German or English. The language of contract conclusion is aligned with the language selected by the Customer during webshop registration.
§ 3 Delivery, availability of goods
(1) Delivery times specified by the Provider are calculated from the time of order confirmation, assuming that payment of the purchase price has already taken place.
(2) The following delivery restrictions apply: The Provider only delivers to commercial customers.
§ 4 Retention of title
The delivered goods remain the property of the Provider until payment has been made in full.
§ 5 Prices and shipping costs
(1) All prices specified on the Provider’s website are listed exclusive of statutory sales tax.
(2) The relevant shipping costs are specified for the Customer in the order form and are to be borne by the Customer.
(3) The goods are shipped by post, using selected courier and express service providers. Palletized goods are shipped using selected freight forwarding agents. An external shipping provider assumes full responsibility for the entire logistics process incl. shipping of goods. The customer bears the shipping risk at all times.
(4) The order and the ensuing shipping of goods takes place without the possibility of rescission from the Provider.
§ 6 Payment methods
(1) Payment of the purchase price is due immediately upon contract conclusion.
(2) The payment methods offered are performed by an external payment service provider.
§ 7 Warranty for material defects
(1) The object of purchase is sold under exclusion of any warranty. Exceptions to this are claims for damage from the Customer arising from injury to life, limb, health or from the infringement of fundamental contractual obligations (cardinal obligations) as well as liability for other damage arising from intentional or grossly negligent infringement of obligations on the part of the Provider, its legal representatives or agents. Essential contractual obligations are those which must be fulfilled to achieve the objective of the contract.
(2) The limitations of liability arising from para. 1 do not apply should the Provider fraudulently conceal a fault or assume a warranty for the condition of the item. The same applies, should the Provider and Customer have concluded an agreement regarding the condition of the item. The provisions of the product liability law remain unaffected.
§ 8 Final provisions
(1) Contracts between Provider and Customer shall be subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) Exclusive place of jurisdiction for all legal disputes from this contract is Constance.
(3) The contract also remains in force in the event that some individual provisions therein should become legally unenforceable. Statutory provisions shall apply in place of the invalid provisions. However, should this constitute undue hardship for one contracting party, the contract as a whole will become invalid.