Terms and Conditions vis-à-vis Entrepreneurs (B2B) – Online Shop
§ 1 Applicability
The present general terms and conditions (GTC) apply to all contracts concluded between you and us, the company (Address, Commercial Register Number 11640, VAT-number DE320678017) represented by (https://www.cmt.gmbh/impressum) via this online shop, unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.
§ 2 Proof of your entrepreneurial status
Our online shop is directed exclusively at entrepreneurs within the meaning of section 14 BGB. We may therefore demand that you provide us with sufficient proof of your entrepreneurial status prior to conclusion of the contract, e.g. by stating your VAT ID number or other suitable proof. The information required for proof shall be given by you complete and truthful.
§ 3 Opening a customer account; Processing of your personal data
(1) In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration.
For information on the processing of your data, please read our data protection information, which you can find under the following link [https://www.cmt.gmbh/impressum]. During your application for registration, you choose a personal user name and a password. You are obliged to keep the password secret and not to disclose it to third parties, i. e. persons outside of your company or persons in your company who do not have power of representation.
(2) You may delete your registration under „My account“ at all times. If your personal information changes, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.
§ 4 Conclusion of Contract, Contract Language
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum). Product images are intended as an example, product specifications apply in accordance with the manufacturer's current product catalog or drawing.
(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
§ 5 Technical steps up to the conclusion of the contract and correction of input errors
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 4 (2) of these GTC.
§ 6 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of revocation by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.
§ 7 Payment
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card, via bank transfer or via our payment provider. Our bank details are Bank: Kreissparkasse Düsseldorf, Kasernenstraße 69, DE - 40213 Düsseldorf, IBAN: DE17301502000002149144, BIC: WELADED1KSD.
§ 8 Retention of Title
(1) The goods shall remain our property until full payment.
(2) You are entitled to resell the goods under retention of title. However, you may not pledge the reserved goods or assign them by way of security. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. We accept this assignment. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.
§ 9 Delivery Conditions
We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.
§ 10 Warranty in case of purchasing goods
(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to Sec. 377 HGB.
(2) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.
§ 11 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communiction via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
§ 12 Final Provisions
(1) Amendments or supplements of these terms and conditions require the written form to be binding.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) Venue of performance is Gevelsberg. The courts of Gevelsberg. shall have exclusive jurisdiction for dispute, in connection with this contract.
(4) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website https://ec.europa.eu/consumers/odr.
Our e-mail address is: info@cmt.gmbh. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(5) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.
September 2020