GTC

General Conditions

1.
Applicable for the relation between MGT-Sports German Civil Code Company (“GbR”, hereinafter referred to as “MGT”) and the contractual partner (hereinafter referred to as “CUSTOMER”) are only subsequent General Conditions in the respective version that applies on the respective date of the order of the CUSTOMER. Differing conditions of the CUSTOMER will not be accepted by MGT unless MGT has expressively approved such conditions in writing. The General Conditions of MGT are always filed at this point and can easily be printed by choosing the menu "File" and than "Print". The General Conditions are availale in German and English language and will be filed by MGT. 

2.
The order of the CUSTOMER shall be deemed as an offer to MGT for the intention of the conclusion of a purchase contract, whereas the CUSTOMER is enabled to revise the datas of the order. After placing the order by the CUSTOMER at MGT via internet, MGT will forward an e-mail to the CUSTOMER, which will confirms the access of the order in detail at MGT. (acknowledgement of receipt). This acknowledgement of receipt shall not be deemed as confirmation of the CUSTOMERS order; it shall only confirm the receipt of the order. Irrespective of the medium of correspondence a binding conclusion of the purchase will not become effective until MGT has shipped the ordered goods to the CUSTOMER or MGT has confirmed the order expressively at least in text form. MGT reserves the right to provide in quality and price comparable goods and/or not to carry out the order and shipping if the ordered goods are not available for MGT. Statements concerning the date of delivery are not binding. 

3. Right of withdrawal
 
CUSTOMERS are entitled to withdraw from the purchase and to return the goods received by sending them back within 14 days without stating any reasons. This period begins after receipt of these instructions in text form (e.g. letter, fax, e-mail) but not before receipt of the goods by the recipient nor before MGT has fulfilled its duties to inform pursuant to Section 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Act of the German Civil Code („EGBGB“) as well as our duties pursuant to § 312g para 1 clause 1 German Civil Code („BGB“). To comply with this period, duly dispatchment of the goods, or of the notification of withdrawal will be sufficient.
The notification of the withdrawal or the return of the goods must be addressed to:

MGT Sports GbR
Eugen Marquardt and Andreas Greif
Zum Bühlwengert 3
71522 Backnang
Federal Republic of Germany
E-Mail: Info@MGT-Sports.de
FAX: +49 (0) 7191 97 97 48

In the event of a valid withdrawal/return of goods the items/payment received by both sides shall be returned and any profits drawn (e.g. interest) shall be surrendered. If there is any impairment of the goods MGT is entitled to claim compensation therefore. CUSTOMER shall be obliged to compensate such impairments only in the event the usage and/or the impairment is based on a handling of the goods which is beyond an examination of the features and/or the functionality of the goods. The examination of the features and/or the functionality of the goods shall mean the testing and check of the goods as would have been possible for the CUSTOMER e.g in a shop. Goods which are able to be sent as parcel post shall be returned to MGT on the exposure of MGT. The return is free of charge for the CUSTOMER. Goods which are not able to be sent as parcel post shall be collected at the CUSTOMERS address. Every obligation to reimburse payments must be fulfilled within 30 days. The term shall commence for the CUSTOMER upon the dispatch of withdrawing from the purchase or by returning the goods; the term for MGT shall commence with the respective receipt.

The right to withdraw from the purchase shall not apply in the event in which the CUSTOMER has ordered individual services – in particular individually designed goods.

End of indoctrination.

The right of withdrawal shall not apply in the event CUSTOMER will be considered as entrepreneur according to § 14 German Civil Code and/or if the right of withdrawal is not statutory in the respective country in which the CUSTOMER resides. 

4. Warranties for defects
Should the delivered goods be defected, MGT is initially only obliged to subsequent performance. Should the subsequent performance in the way of remedy or replacement delivery fail, the CUSTOMER is entitled to request the reduction of the purchase price or to rescind from the purchase. Therefore the CUSTOMER is obliged to notify MGT within 2 weeks after receipt of the goods if the delivered goods are apparently defective. The obligations for inspection and objection applying for merchants according to §§ 377 and 378 German Commercial Code (“HGB”) shall remain unaffected.

 

In the event that the CUSTOMER is a merchant, objectives of defects shall not affect the due-date of the claim for the purchase price unless MGT has accepted the objective of the defect in writing or it is absolute jurisdictionally accepted.  

 

5. Liability

MGT is only obliged to compensate damages, if

- MGT has harmed essential contractual obligations
and/or
- the damages are based on a grossly negligent or intended act/misfeasance of MGT
and/or
- by the infringement of life, body and/or health
and/or
- in other cases if the liability is mandatory by law.

In the event that the contractual partner is deemed as a merchant the liability is limited to the typical risk of the respective purchase. In the event that MGT has not harmed essential contractual obligations and MGT has not acted with grossly negligence or intention, the liability is limited to the tenfold of the order value.

In the event the liability is not statutory in the respective country the CUSTOMER resides, the liability of MGT shall not apply.

 

6.
The delivered goods remain the property of MGT until payment is completed in its entirity. In the event that the CUSTOMER is in default with its obligation of payment, MGT is entitled to claim interest for default amounting to 5 percentage points above the respective base lending rate (or amounting to 8 percentage points in the event that the CUSTOMER is a merchant).  The CUSTOMER is only entitled to settle such claims against MGT that are uncontested or which are absolutely jurisdictionally accepted.