General conditions of sale
1.1 The following General Terms and Conditions of Sale (GTCS) apply to all purchase contracts concluded with us for deliveries and services via our Internet store (www.mci-shop.de) or direct purchase via our product sales or purchasing department. MCI’s GCS apply exclusively. Contradictory terms and conditions or terms and conditions deviating from these GCS are hereby rejected, unless MCI has expressly accepted them in writing. This shall also apply if reference is made to the GTC of the Customer in the context of the order placement and MCI performs its services without reservation.
1.2 Our offer is aimed exclusively at commercial customers, self-employed persons and freelancers.
You conclude contracts with:
Studio Hamburg MCI GmbH
Jenfelder Allee 80
Phone: +49 (0)40 6688-3367
Fax: +49 (0)40 6688-3636
Sales tax identification number: DE 199097943
Commercial Register: Hamburg Local Court HRB 70454
2 Offers, conclusion of contract, prices and right of withdrawal
2.1 We offer our services without engagement, non-binding and subject to the possibility of delivery, unless otherwise stipulated in the offer.
2.2 With our acceptance of your order the contract is concluded.
2.3 Commercial customers are bound to the acceptance of the goods after the order has been placed. In exceptional cases, a conclusion of contract may be revoked. This revocation must be communicated to us in writing, stating our order number, and shall only come into effect upon written confirmation on our part. In this case we charge a restocking fee of 15% of the list price. The possibility of a withdrawal does not exist for the delivery of goods that we manufacture individually according to your requirements. In the case of the delivery of software, a return of goods that are no longer sealed is excluded. A return by us is voluntary in any case.
2.4 We reserve the right to technical deviations from descriptions and specifications in all product-related documents. No rights against us may be derived from this.
2.5 Our prices are net prices plus the value added tax valid on the day of delivery.
2.6 For intra-community deliveries (member states of the EU), we require your VAT ID, as well as proof that the goods have entered the EU country (delivery note/ waybill or export confirmation).
2.7 For deliveries to a third country (outside the EU), we require proof that the goods have arrived (delivery bill / waybill or export confirmation).
2.8 In the case of services to be provided in a third country, we require the original entrepreneur certificate, as otherwise the VAT customary in Germany will be added to the net invoice total.
3.1 Unless otherwise agreed, our deliveries shall be made ex warehouse Hamburg (or in case of direct shipment ex German border). The delivery costs stated on our website at http://mci-shop.de/versand-und-zahlungsbedingungen shall apply. In any case, the goods are insured by us until they are handed over to the customer.
3.2 If shipment is delayed for reasons for which we are not responsible, the risk shall pass to the Buyer upon notification of readiness for shipment.
4 Delivery, withdrawal
4.1 Information on the delivery date is a non-binding estimate on our part. The agreement of fixed delivery dates requires the written form.
4.2 The conclusion of the contract is subject to correct and timely self-delivery. We shall therefore be entitled to withdraw from the contract if our supplier fails to fulfill the purchase contract concluded with us prior to the conclusion of the respective sales contract for reasons for which we are not responsible.
4.3 Furthermore, we are entitled to withdraw from concluded contracts if the market price of the object of purchase has increased by 10% or more between the conclusion of the respective sales contract and the scheduled delivery date.
4.4 If partial deliveries are possible, they shall be accepted.
5 Transfer of ownership and risk
5.1 The goods sold shall remain our property until full payment of the purchase price and the agreed installment surcharges. Upon payment of the last installment, ownership of the device shall pass to the purchaser.
5.2 The Buyer undertakes to handle the device properly and with care, to clean it and, if necessary, to repair it until the transfer of ownership. He shall notify the Seller immediately of any damage. The risk of damage and loss of the device shall be borne by the purchaser.
5.3 Until the purchase price has been paid in full, the Buyer shall not lend, sell, rent, pledge or otherwise dispose of the device. In the event that third parties intend to seize the device, he shall inform the seller immediately. All court and out-of-court costs incurred for the removal of attachments and retentions as well as for the recovery of the device shall be reimbursed by the Buyer.
6.1 Unless otherwise agreed, the invoices issued by us shall be payable by cash in advance or by payment 14 days net without the granting of any discount. As a rule, prepayment is chosen for the first business relationship. Payment within 14 days shall be deemed agreed, unless otherwise stated in the offer or order confirmation.
6.2 If no payment is received 14 days after receipt of the invoice, you are in default, even without an explicit reminder. We are entitled to charge default with usual bank interest. The assertion of a higher interest damage is unaffected by this.
6.3 We may invoice partial deliveries immediately.
6.4 MCI reserves the right to change the contractually agreed prices accordingly if, between the conclusion of the contract and the date of invoicing, there are reductions or increases in significant cost factors in MCI’s calculation of more than five percent deviation, in particular due to exchange rate fluctuations or a change in material costs, e.g. the cost of copper cables. MCI will provide evidence of the changes upon request.
7.1 The product specifications shall be deemed to be information only, unless they are expressly defined as warranted characteristics.
7.2 Obvious defects, which are obvious even to a non-expert, must be reported to us in writing within 14 days after delivery.
7.3 Warranty claims shall generally become statute-barred after 12 months depending on how they are stated in the offer. The limitation period begins with delivery of the item.
7.4 If the delivery items are used items, the warranty claims shall expire as stated in the offer text.
7.5 If the Purchaser has made a claim against us on account of warranty claims and if it turns out that either there is no defect or the claimed defect is due to a circumstance which does not oblige us to provide a warranty, the Purchaser shall reimburse us for all costs incurred as a result, provided that the Purchaser is responsible for our claim due to gross negligence or intentional assertion.
8 Confidentiality and data protection
8.1 You are obligated to treat as confidential all commercial and technical details that are not in the public domain and that become known to you through the business relationship and not to disclose them to third parties.
8.2 We shall be entitled to store and utilize the data necessary with regard to our business relationship in accordance with the provisions of the Federal Data Protection Act.
9 Place of performance and jurisdiction
9.1 The place of performance shall be the delivery address specified in the order.
9.2 The place of jurisdiction shall be Hamburg to the extent permitted by law.
9.3 German law shall apply.
Studio Hamburg MCI GmbH, February 2012