General Terms and Conditions
1. Area of application
Our online store is exclusively directed to companies.
In addition to checking your company status as part of the ordering process, we are entitled to request proof of your company status by providing suitable and up-to-date documents, for example your VAT number. Offers, deliveries and services of Mayer Chess, Mayer Ute are made only on the basis of these terms and conditions; these terms and conditions also apply to future business relationships without us needing to mention them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is herewith excluded; they shall only become part of the contract if we have specifically agreed to them.
2. Contracting partner, contract conclusion, correction options
The contract of sale is made with “Mayer Chess” Mayer Ute e.K..The presentation of the products in the online store, catalogs, advertisements and documents and other publications are non-binding and do not represent a legal offer. Side agreements, changes and additions to orders placed are only valid if Mayer Chess confirms them in writing. You can place our products in the shopping cart in the online store without making any binding order and correct your order at any time before submitting your binding order by using the correction tools provided and explained in the order process. By clicking on the order button, you submit a binding offer for the goods in your shopping cart. Confirmation of receipt of your order in the online store will be sent by e-mail immediately after the order has been sent. If you order at a trade fair or customer visit, you submit a binding offer with your signature. If you order by e-mail or telephone, you submit a binding offer when you send the e-mail or when you call.
We accept your offer when
- we submit an offer in a separate e-mail or
- we deliver the order or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”).
We have a minimum order value of EUR 100,00 excluding VAT and plus any shipping costs applies to the order.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English We save the text of the contract and send you the order data in text form. You can view the text of the contract in our customer login. You can find the general terms and conditions in our online shop.4. Object of the contract
4.1 Product description
Attention is drawn to the validity of the product description as an integral part of the contract. Size specifications, weights etc. are non-binding; small differences are not to be regarded as defects.4.2 Product pictures
Without affecting your legal warranty rights, we would like to inform you about the following special features. If you are unsure, please contact us:Due to individual screen configurations (for example resolution and brightness) as well as printed images, small differences between the displayed and the actual product colors are possible, small differences do not constitute a defect.
Natural variations in the grain, structure and color of wood products are possible.
5. Requirements and handling of customer content
5.1 Requirements
If it is necessary for the fulfillment of the order that you send us content (for example, texts, data, files), the options available for this and any applicable requirements are based on the product description. You are responsible for the content, including the legality and accuracy of the content transmitted by you. We do not carry out any review of the content before completing the order.5.2 Compliance with the law
The content and the products being created must always be in compliance with the legal regulations. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademark rights or other industrial property rights) and must not feature or serve any purposes that promote violence, discrimination, racism, or other immoral or unconstitutional content.5.3 Indemnity
You release us from claims by third parties which they may claim in connection with an injury to their rights through the contracted use by us. You shall also assume the necessary costs of legal defense, including all court and legal fees in the legal amount. The indemnity does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are required to inform us immediately, truthfully and completely of all information necessary for the review of the claims and a defense.5.4 Reservation of withdrawal
We reserve us the right to refuse the order or cancel the contract if the content provided by you for this violates legal or official restrictions or offends public morals or if there is a justified suspect in this regard. This applies in particular to the transfer of anti-constitutional, racist, discriminatory, offensive, youth- endangering and/or violence-glorifying content.6. Terms of delivery
6.1 Delivery and delivery time
Delivery is at the cost and risk of the customer. The delivery periods stated by Mayer Chess are non-binding and will be kept to as closely as possible. Should a non-binding delivery time be overrun, the customer is not entitled to enforce claims against Mayer Chess or to cancel the contract. Mayer Chess reserves the right to determine the delivery option and shipping method.6.2 Delivery options
We ship the products to the delivery address which is specified in the order process.You have the possibility to pick up your order at Mayer Chess Mayer Ute, Ringstr. 7, 89426 Wittislingen, Germany during the following business hours: Mon-Thu. 08:00 a.m. – 12:00 p.m. and from 01:00 p.m.- 3:00 p.m.; Fri. 08:00 a.m. -12:00 p.m.
We do not deliver to packing stations.
6.3 Delivery with forwarding agency
Appointment for delivery
In the case of forwarding deliveries, the forwarding company contact you to agree a delivery date.Place of delivery
Delivery of the goods shall be limited to the transportation and unloading of the goods to the first street corner of the agreed delivery address. Delivery does not include delivery to specific locations or the installation of the ordered goods.Cooperation of the recipient
Unloading and any necessary subsequent transportation of the goods to the agreed place of delivery shall be carried out by the forwarding agent driver and the recipient.The following applies to companies: In contrast to the previous sentence, the recipient is responsible for unloading and any necessary transportation of the goods to the agreed place of delivery.
7. Reservation of the right to partial delivery
We reserve us the right of partial delivery your ordered items. Subject to receiving deliveries from our own suppliers, we will ensure prompt delivery. If part of the order cannot be delivered immediately because we are not receiving deliveries on time from our trusted supplier, we will deliver the remaining goods later, provided this is reasonable for you.8. Payment
8.1 Due date and late payment
The price is due when the contract is closed, unless a later date is specified in the following terms of payment.If the payment deadline specified in the contract is not kept, the client shall be in default without any special notification being required. In the event of late payment, we reserve the right to charge you legal default interest at a rate of nine percentage points above the base interest rate, calculated from the due date until the payment of all principal and secondary claims in full, as well as a fee of EUR 40. Further claims remain unaffected by this.
8.2 Payment methods and billing
You agree to the sending of all invoices by e-mail. This consent can be withdraw at any time. The following payment methods are available to you:Pre Payment
If you choose to pay in advance, we will give you our bank details and deliver the goods after receipt of payment.
Cash on delivery
You pay the invoice directly to the deliverer. There is an additional charge of 6.80 Euros.
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
SEPA-Direct debit
By placing your order, you give us a SEPA direct debit mandate. You will be informed of the date of the account debit at least one bank business day in advance (prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account will be debited after the goods have been dispatched.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out by PayPal after the goods have been dispatched. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers, according to their own criteria, additional payment methods in the customer account. However, we have no control over the offers of these payment methods.
You can find further information on this in your PayPal account.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal can offer registered PayPal customers, according to their own criteria, additional payment methods in the customer account. However, we have no control over the offers of these payment methods.
You can find further information on this in your PayPal account.
Invoice
The invoice amount is due within 8 days less 2% discount, within 30 days from the invoice date net by bank transfer to the bank account specified on the invoice. We reserve the right to offer invoice payment only after a successful credit check.
Cash payment on pickup
You pay the invoice amount in cash at the pick up.
You are only authorized to make a deduction if your claim arises from the same contractual relationship or is in a relationship of reciprocity with our main claim, if it is not disputed by us or has been legally established.
9. Reservation of ownership
We reserve ownership of the goods until all claims resulting from an outstanding business relationship have been settled in full. You may resell the goods under retention of ownership in the ordinary course of your business; you assign to us in advance all claims arising from this resale - regardless of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the same proportion as the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. Pledges or transfers of ownership by way of security are not permitted.10. Transport damage
The risk of random loss and random degradation pass to you as soon as we have handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. Shipment is at the expense and risk of the buyer or recipient. Complaints about defects in goods can therefore only be considered within 8 days after receipt of the items. Any damage incurred during transportation must be reported to the carrier immediately and recorded by the carrier. We do not accept returns that have been sent back to us “freight unpaid”. Mayer Chess is only responsible for any defects up to the value of the goods. Further claims for compensation are excluded.11. Warranty and guarantees
Except as otherwise agreed below, the statutory warranty for defects applies.The following restrictions and shortening of time limits do not apply to claims based on damage caused by us or our legal representatives:
- in the event of injury to life, body or health
- in the event of intentional or grossly careless violation of obligations and fraudulent intent
- in the event of a breach of essential contract obligations, where the fulfillment of these obligations is essential for the correct fulfillment of the contract and where the contract partner may normally trust that these obligations will be fulfilled (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the German Product Liability Act applies.
Regulations for companies
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to businesses. If you fail to notify us as required there, the goods are deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have intentionally hidden a defect.12. Liability
We are always liable without limitation for claims based on damage caused by us or our legal representatives:- in the event of injury to life, body or health
- in the event of intentional or grossly careless violation of obligations and fraudulent intent
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the German Product Liability Act applies.
Otherwise, claims for damages are excluded.
13. Youth Protection
If your order includes goods whose sale is subject to age restrictions, we use a secure procedure including a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer will only hand over the goods after an age check and only to the customer personally.14. Withdrawal from the contract
Events that drastically change the business basis of the purchase contract in whole or in part, regardless of whether they occur at the client, at Mayer Chess or at its suppliers, entitle Mayer Chess to adapt the contract to the changed conditions in whole or in part or to withdraw from the contract to the exclusion of claims for compensation.15. Final clauses
German law shall apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods.The place of performance and legal venue is our registered office, Dillingen an der Donau Germany.
Should individual clauses of these General Terms and Conditions be invalid in whole or in part, the rest of the contract remains valid. If individual clauses are invalid, the content of the contract is governed by the legal regulations.