GENERAL TERMS AND CONDITIONS OF THE
MOVEMASTER Ltd.
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) shall govern the
Sale of products and services by MoveMaster GmbH (hereinafter referred to as the “Supplier”) to you, in the version valid at the time of the order.
(2) Deviating General Terms and Conditions of the Purchaser shall be rejected.
(3) Please read these terms carefully before placing an order with MoveMaster GmbH. By placing an order with MoveMaster GmbH you agree to the application of these GTC to your order.
(4) On our site “www.movemaster.biz” we offer the sale of the following products:
MoveMaster RSG 1/R, Art No: M1001
(5) On our site “www.movemaster.biz” we offer the following services:
Product sales, registration, downloads,info
§ 2 Formation of the contract
(1) Contracts on this portal can only be concluded in German or English.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
EU, England, Switzerland, Norway, Canada, USA.
(3) The orderer must have reached the age of 18.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely encourages the customer to invited to make an offer.
(5) Your order constitutes an offer to MoveMaster GmbH to conclude a purchase contract. The purchaser submits a binding offer when he accepts the has gone through the online ordering process by entering the information requested there and clicks on the “buy” button in the last order step.
(6) The purchase contract between the Supplier and the Customer shall only be concluded by a declaration of acceptance by the Supplier. This takes place at the earlier of the two Dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase shall require the express consent of the customer. Confirmation on the part of the provider. This refers both to the number of products ordered within the framework of one order and to the placing of several Orders of the same product where the individual orders comprise a household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your records of your orders, please contact by e-mail or telephone to us. We will send you a copy of the order data.
(9) Access to the use of the MoveMaster Service requires registration.
(10) With the registration the customer accepts the present GTC. With the registration a contractual relationship between MoveMaster GmbH and the registered customer, which is governed by the provisions of these GTC.
(11) You agree to receive invoices electronically. Electronic invoices are sent to you by e-mail or in the customer account of the website for Provided. We will inform you for each delivery and service whether an electronic invoice is available. More information about electronic invoices can be found on our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat-rate shipping charge or shipping surcharge. The Shipping surcharges vary depending on the delivery method and item characteristics.
(2) Despite our best efforts, a small number of the products in our catalog may be marked with the wrong price. We check the Prices when we process your order and before we debit the payment. If a product is labeled with an incorrect price and the correct price is is higher than the price on the website, we will contact you before shipping the goods to ask if you will buy the product at the correct price, or wish to cancel the order. In the event that the correct price of a product is lower than the price we have quoted, we will pay the lower amount calculate and send you the product.
(3) The prices at the time of the order shall apply. If list prices should be available, the prices of the price list valid at the time of the order shall apply. List price.
(4) To use the “www.movemaster.biz” page, registration is first required.
(5) In order to access the services of the Website and or purchase products, the User must register and create a user account.
(6) If the user wishes to use a service for which a charge is made, he will be informed in advance of the charge. Thus, in particular the respective additional scope of services, the costs incurred and the method of payment are listed.
(7) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use. charge different fee models, as well as to offer different scopes of services.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer. On the website you will find notes on availability of products sold by MoveMaster GmbH (e.g. on the respective product detail page). We would like to point out that all information on Availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product. is designated.
(2) If MoveMaster GmbH discovers during the processing of your order that products ordered by you are not available, you will be informed about this. informed separately by e-mail or by message in your customer account. The statutory claims of the Purchaser shall remain unaffected.
(3) If delivery to the Customer is not possible because the delivered goods do not fit through the Customer’s entrance door, front door or stairway or because the Customer is not found at the delivery address provided by him, although the delivery date was announced to the Customer with reasonable notice, the Customer shall bear the costs for the unsuccessful delivery.
(4) Delivery is made according to the customer’s payment method. In the case of prepayment, delivery will be made after the payment order has been issued to the remitting Credit institution. When paying by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us with regard to each shipping confirmation for the products listed in the respective shipping confirmation. Contractual partner is MoveMaster GmbH. Notwithstanding your right to cancel, you may cancel your order for any product at any time before we send you the associated shipping confirmation at no charge.
(6) This right to cancel does not apply to certain product groups and services, including digital content or software, that are not delivered on a physical medium (e.g. on a CD or DVD). (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun. has begun.
GmbH the § 5 customs
(1) If you order products from MoveMaster GmbH for delivery outside the European Union, you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional fees for customs clearance must be paid by you; we have no control over these fees. Customs regulations vary greatly from country to country, so contact your local customs office for more information. should contact.
(2) Furthermore, please note that when ordering from MoveMaster GmbH, you are considered the importer and must comply with all laws and regulations of the country in which which you receive the products must comply. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and examination by customs authorities.
§ 6 Terms of payment
(1) Any fee due shall be paid to MoveMaster GmbH in advance, at the time of the due date, without deduction.
(2) The Customer may pay for the goods or services by the following methods of payment:
– Paypal
– Klarna
– Stripe
– Credit card
– Immediate bank transfer
– Prepayment
(3) Certain payment methods can be excluded by the provider in individual cases.
(4) The Customer is not allowed to pay for the goods or services by sending cash or checks.
(5) If the Customer chooses an online payment method, the Customer authorizes the Provider to collect the amounts due at the time of the order. collect.
(6) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer shall pay the invoice amount within five (5) days. calendar days after receipt of the order, to the account of the provider. Accordingly, the supplier reserves the goods for five calendar days.
(7) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to to collect the amounts due.
(8) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted data from the bank account, the customer shall bear the costs for this.
(9) If the Supplier offers payment in advance and the Purchaser chooses this method of payment, the Purchaser undertakes to pay the invoice amount within 14 days of the dispatch of the goods, without any deduction of discount.
(10) If the customer is in default of payment, the provider reserves the right to claim damages for default.
§ 7 Registration and termination
(1) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may use his/her Do not transfer account to third parties.
(2) A user is entitled to deactivate his user account completely and by his own hand at any time.
(3) MoveMaster GmbH reserves the right to remove profiles and/or any content published on the Website by or on behalf of the User. If the MoveMaster GmbH terminates the registration of the user and/or removes profiles or published contents of the user, the MoveMaster GmbH shall have no obligation to inform the user about the reason of the termination or the removal.
(4) Following any termination of any individual use of the services of MoveMaster GmbH, MoveMaster GmbH reserves the right to send an information about this to other registered users with whom MoveMaster GmbH assumes that they were in contact with the user. Decisions to terminate the registration of the user and/or to notify further users with which MoveMaster GmbH assumes that the user has been in contact does not imply or in any way state that MoveMaster GmbH makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(5) Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such Information may result in civil action. Furthermore, the operator reserves the right to terminate in such a case the existing to terminate the contractual relationship with immediate effect.
(6) After deletion of the registration all data of the user will be deleted by MoveMaster GmbH.
§ 8 Limitation of liability (services)
(1) MoveMaster GmbH assumes no responsibility for the content and the correctness of the information in the registration and profile data of the orderers as well as further contents generated by the orderers.
(2) With regard to the service sought or offered, the contract shall be concluded exclusively between the respective ordering parties involved. Therefore MoveMaster GmbH is not liable for performances of the participating orderers. Accordingly, all matters relating to the relationship between the Ordering Parties, including, without limitation, services received by a Searcher or payments due to Ordering Parties, shall be addressed directly to the respective party. MoveMaster GmbH cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind whatsoever including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.
(3) MoveMaster GmbH shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by MoveMaster GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of MoveMaster GmbH.
(4) MoveMaster GmbH Europe shall only be liable for other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty of MoveMaster GmbH or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of MoveMaster GmbH.
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In case of default, they shall amount to a maximum of 5% of the Contract value.
(6) Claims for damages based on injury to life, body, health or freedom shall become statute-barred after 30 years; in all other cases after 1 year, with the statute of limitations beginning at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (Sec. 199 (1) of the Civil Code). BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and to delete them in whole or in part if necessary. law and, if necessary, to delete them in whole or in part.
§ 9 Set-off and right of retention
(1) The Purchaser shall only have the right to offset if the Purchaser’s counterclaim has been legally established or has not been disputed by the Supplier.
(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 10 Retention of title
MoveMaster GmbH reserves the right of ownership of the goods until full payment has been made.
§ 11 Transport damage
(1) If the Customer receives the goods with obvious transport damages, the Provider shall request the Customer to complain about them as soon as possible.
(2) Should the Purchaser fail to lodge a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert its own claims against the carrier.
§ 12 Right of defect
(1) If the Purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory Regulations: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have the right to return the product for a period of two years from the date of delivery of the goods and may demand the repair or replacement of the products purchased on “www.movemaster.biz” if they turn out to be defective or not prove to be as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may demand the refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
§ 13 Limitation of liability (products)
(1) The Supplier shall be liable for claims for damages of the Customer arising from injury to life, body or health or from the breach of essential contractual obligations, as well as for other damages that are based on its intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The Provider shall be liable for breaches of material contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Purchaser based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as the liability of MoveMaster GmbH is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 14 Cancellation policy
(1) If the customer is a consumer, he shall have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods (or the last goods, Partial consignment or piece in case of a contract for several goods of a uniform order or the delivery of one good in several partial consignments or pieces) have taken possession or, in the case of digital content that is not delivered on a tangible medium, have taken possession as of the date of the conclusion of the contract. (e.g. CDs or DVDs), without giving reasons.
The withdrawal period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must:
MOVEMASTER Ltd.
Innovations Technology Campus
House F / Digitization Lower Bavaria
Ulrichsbergerstrasse 17
94469 Deggendorf
Germany
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. Make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period and you have returned the returned the goods via our online return center within the period defined below.
For additional information regarding coverage, content, and exercise explanations, please contact our Customer Service Department.
(3) Consequences of revocation
If you cancel this contract, we will return to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us) without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already rendered up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract in the comparison with the total scope of services provided for in the contract.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods to us. returned, whichever is the earlier. You have to return the goods immediately and in any case no later than within 14 days of the day on which you notify us of the revocation of this contract to
Company Krupanek
Daimlerstr. 1
86836 Untermeitingen
to be returned or handed over. The deadline is met if you send the goods before the deadline of 14 days. You bear the direct costs of the Return of the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, properties and functioning of the goods. functionality of the goods is not necessary to handle them.
The right of withdrawal does not exist or expires for the following contracts:
- – for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken
– removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature; - – for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- – for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- – for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- – in the case of services, if MoveMaster GmbH has provided them in full and you have taken note of and expressly agreed to them before placing your order
that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract; - for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
§ 15 Exclusion of the right of revocation
(1) The right of revocation shall not apply to contracts
- – for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer;
- – for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of revocation shall expire prematurely in the case of contracts
- – for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery. removed after delivery;
- – for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- – for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 16 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. via e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the data subjects prior written consent has been granted.
(4) You have the right at any time to receive from MoveMaster GmbH complete and free information about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 17 Cookies
(1) We may use cookies to display the product offer. Cookies are small text files that are stored locally in the cache of the page visitor’s Internet browser.
(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the Cookies. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie is was saved. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that are contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting. would be possible.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies are involved. Session-related cookies are characterized by the fact that they are automatically deleted again after the end of the browser session by be deleted from your hard disk. Other cookies remain on your computer system and allow us to recognize your computer system the next time you use it. visit again (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. be The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 18 Place of Jurisdiction and Applicable Law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be the registered office of the supplier.
§ 19 Final provisions
(1) The contractual language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can be purchased only by adults. If you are under 18, you may order our items only with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions. violate these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules, conditions including these GTC at any time. On your order the terms and conditions of sale, contract and general terms and conditions in force at the time you place your order shall apply, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders you place with us). have previously made). If any provision of these Terms and Conditions of Sale is invalid, void or for any reason unenforceable, such provision shall be regulation as separable and does not affect the validity and enforceability of the remaining regulations.
(5) The invalidity of a provision shall not affect the validity of the other provisions under the contract. Should this occur, the the sense and purpose of the invalid provision by another legally permissible provision that corresponds to the sense and purpose of the invalid provision. corresponds.
Other
For the settlement of disputes in online commerce between consumers and traders, the EU Commission has set up an ODR platform. This platform and other Information can be found under the following link:
