Terms of Service

1. Scope of application

The following terms and conditions apply to all orders via our online shop www.mues-tec.de/shop and www.smartmirror.de/shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

2. Contracting party, conclusion of contract, correction possibilities

The purchase contract is concluded with Mues-Tec GmbH & Co. KG.

By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

 

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.

 

4. Terms of delivery

In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.

We only deliver by post. We do not deliver to packing stations.

We are entitled to deliver the products in partial shipments. Short deliveries, excess deliveries or wrong deliveries are to be objected to in writing within 5 working days after delivery and justified. Otherwise the delivery is considered approved. Delivery times and dates specified by us (especially those in offers or order confirmations) are non-binding and may change. We only fall into arrears after we fail to fulfill the contract despite two written reminders from the customer. If we are in default of debt, the customer can only withdraw from the contract and reclaim any invoice amounts that have already been paid. Any further liability on the part of Mues-Tec for exceeding deadlines or deadlines, in particular compensation for damage caused by delay, is excluded as far as legally permissible.

We only deliver to EU member states; The following countries in which there are exclusive contracts with distributors are excluded. In this case, please contact the distributors directly:

We do not deliver to Austria. For orders to Austria, contact our distributor Polypex GmbH, reachable by phone at +43 7242 43057 or by email: info@polypex.at .

We do not deliver to Belgium. For orders to Belgium contact our distributor Van Marcke, available by email: alambert@vanmarcke.be

 

5. Payment

 

The following payment methods are generally available in our shop:

 

Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

 

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.

If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder, and your card will be charged. You'll get more information during the ordering process.

If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.

If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claims to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and the privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for purchase on account can be found here .

 

Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can select the delivery address and payment method saved by Amazon, confirm the use of your data by Amazon and confirm the payment instructions to us. You will then be redirected back to our online shop, where you can complete the ordering process.

Immediately after the order is placed, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.

 

6. Retention of title

The goods remain our property until full payment.

 

7. Transport damage

If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately and within 24 hours. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

 

8. Warranties and Guarantees

Defect claims (warranty claims) of the buyer require that he inspects the goods immediately after receipt in accordance with § 377 HGB and notifies us in writing of any defects discovered immediately after the inspection or hidden defects immediately after their discovery, specifying the defect.

All of our specifications, including those in brochures, documents and other documents, are only service descriptions and are only approximate. They are not guarantees or assurances of properties, unless something else has been expressly agreed.

If there is a defect for which we are responsible, the buyer can only assert further rights (withdrawal from the contract or price reduction) if he first gives us the opportunity to perform two subsequent performance (repair or replacement of the defective delivery item) within a reasonable period of grace, unless we do have given a contrary guarantee. We are entitled to determine the type of supplementary performance (subsequent improvement or new delivery).

In the event of the purchaser making unjustified claims for defects for reasons for which we are not responsible, we are entitled to charge the purchaser with the reasonable costs incurred to determine or repair the damage.

The limitation period according to § 438 Paragraph 1 No. 3 BGB for claims for defects is 24 months. However, the statutory limitation period applies if we have caused the defect intentionally or through gross negligence or through fraudulent misrepresentation or if claims for damages are affected due to injury to body, health or life. The same applies to guarantees that are binding on us, unless otherwise specified in the guarantee. In the case of statutory limitation periods of more than two years, the statutory limitation period applies. The statutory limitation periods also apply to recourse claims in accordance with Section 478 of the German Civil Code (BGB). The limitation periods apply accordingly to defects and consequential damages due to a defect.

The limitation period for corporate transactions for claims for defects is 12 months. However, the statutory limitation period applies if we have caused the defect intentionally or through gross negligence or through fraudulent misrepresentation or if claims for damages are affected due to injury to body, health or life.

If a supplementary performance fails despite two attempts, should it be impossible or unreasonable for the buyer, or should we refuse supplementary performance, the buyer can withdraw from the contract or demand a reduction in the price. Clause 12 applies to claims for damages and claims for reimbursement of expenses.

Deviating guarantees are set out in the Mues-Tec guarantees for the professional and commercial market www.mues-tec / agb-fuer-commercial-consumer-in-the-eu .

The warranty also excludes products that are manufactured according to the customer's designs or models, provided that any damage can be traced back to design errors. If the heavy current inspectorate also requests an inspection or modification of such material, all costs resulting from this will be borne by the customer.

It is not permissible to reduce or withhold payments due to complaints, claims or counterclaims not expressly recognized in writing by Mues-Tec.

Customer service: You can contact our customer service for questions, complaints and complaints on weekdays from 8:00 a.m. to 5:00 p.m. on the telephone number +49 (0) 6648-9178880 and by email at info@mues-tec.de

 

9. Liability

We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable when the contract was concluded Damage limited, the occurrence of which can typically be expected. We are not liable for indirect or indirect damage (including damage as a result of cyber security events, such as damage caused by software viruses, malware and hacking), consequential damage, lost profit, lost sales, lost savings, damage caused by delay or damage to the Connection with the warranty or guarantee.

Mues-Tec does not grant any product liability for products in use and operation outside the EU.
Otherwise claims for damages are excluded.

 

10. Intellectual property rights and trade secrets

All intellectual property and property rights, in particular patents, copyrights, designs and trademark rights to the products and services (in particular to the work results) belong to us. This also applies to custom-made products that Mues-Tec designed or manufactured for the customer, even if this was done on the basis of instructions, constructions or models provided by the customer. Both parties must treat as confidential the business secrets of the other party that have become known in the course of the performance of the contract or otherwise and take suitable precautions to ensure that unauthorized persons do not gain knowledge of business secrets.

 

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here. We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board. The general consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de is responsible.

 

12. Applicable Law

German law applies exclusively. This choice of law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the country in which they have their domicile or habitual residence.

Should a provision of these general terms and conditions or a provision of the contract be or become ineffective, this does not affect the effectiveness of the remaining provisions or the contracts. In such a case, the buyer and we are obliged to agree on a valid provision in place of the ineffective provision that comes as close as possible to the ineffective provision economically within the scope of what is legally permissible. If this is not possible, the statutory provisions apply in place of the ineffective provisions.

 

13. Links to other websites

Insofar as we refer or link to the websites of third parties from our website, we cannot assume any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on the compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.