General Contract Terms
1. Scope and validity
Sales and deliveries shall only be made in accordance with the following terms and conditions. Any provisions deviating from these terms and conditions, in particular also terms and conditions of the customer, shall only become effective upon our written confirmation and shall therefore be excluded for the present legal transaction between the customer and the order taker without such confirmation. These terms and conditions of sale shall also apply to all future contract conclusions, even if they are not expressly agreed upon again.
2. Offer
Offers of the seller are subject to change.
3. Conclusion of contract
The contract shall be deemed concluded when the Seller has sent a written order confirmation or a delivery after receipt of the order.
Subsequent amendments and additions to the contract must be in writing to be valid.
4. Prices
The prices contained in catalogs, brochures and the like shall only be authoritative if they are expressly referred to in the order confirmation. The prices are ex warehouse of the seller and do not include packaging and shipping costs. Should fees, taxes or other charges be levied in connection with the delivery, these shall be borne by the buyer. All prices in this store are tax free. The tax will be calculated in the order process if possible. For foreign deliveries, the tax will be charged at import.
5. Delivery
The delivery takes place, as far as nothing else is agreed upon, by post office or with parcel service on danger of the buyer. Partial deliveries are possible. Complaints arising from transport damage must be made by the purchaser to the transport company and the seller immediately upon receipt of the goods. Storage measures, which become necessary for reasons, which lie with the buyer, go debited to the buyer and are considered as delivery.
6. Payment
Payment is made by direct debit or by bank transfer to one of our bank accounts.
7. Retention of title
The delivered goods remain the unrestricted property of the seller until full payment (including interest and costs). Pledging or transfer of ownership by way of security prior to full payment shall be deemed excluded. The extended retention of title shall apply.
8. Warranty
If there is a defect in the purchased item, we are entitled at our discretion to remedy the defect or to make a replacement delivery. Any warranty service requires a separate written agreement. Defects due to the quality of deliveries must be notified to the customer in writing within 7 days of receipt of the goods at the place of delivery in all cases of statutory or agreed warranty.
9. Withdrawal from the contract
Prerequisite for the withdrawal of the buyer from the contract is a delay in delivery, which is due to gross negligence of the seller and the unsuccessful expiry of a set, reasonable grace period. The withdrawal is to be asserted by registered letter.
The seller is entitled to withdraw from the contract if the execution of the delivery or the start or continuation of the service is impossible for reasons for which the buyer is responsible or is further delayed despite the setting of a reasonable grace period. In addition, the seller can withdraw from the contract if he has doubts about the solvency of the buyer at the request of the seller neither pay out nor bring a suitable security before delivery.
10. Complaints
Exchange is possible only in case of wrong delivery or manufacturing defects. In case of return, a copy of the delivery bill or the invoice must be enclosed. In case of obvious damage in transit, the buyer must file a claim within 48 hours. Any return for complaint must be announced in advance.
11. Final provisions
Changes or additions to these General Terms and Conditions must be made in writing to be effective. Should individual provisions be void or ineffective, this shall not affect the validity of all other provisions or the terms of delivery as a whole. Instead of the void or ineffective provision, the legal provision or the provision that comes closest to it shall apply. The place of performance for all obligations arising from this contract shall be the location of the registered office of Matrixsanos. The place of jurisdiction for contracts shall be the competent court for Crassier. Matrixsanos may also entrust foreign companies with debt collection and collect debts by litigation in foreign courts. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions shall apply only to the extent that the Consumer Protection Act does not provide mandatory other provisions.