General Terms and Conditions

Last updated: 04 July 2017

1. Scope
The following General Terms and Conditions apply to all consumers and entrepreneur orders submitted via our online shop.

Consumers are defined as every natural entity entering into a legal transaction for purposes which can primarily neither be attributed to their commercial nor to their self-employed professional activities. Entrepreneurs are defined as a natural or legal entity or a legal partnership which performs its commercial or self-employed professional activities when entering into a legal transaction.

These General Terms and Conditions also apply to entrepreneurs for future business relations without making any further reference to those terms. If the entrepreneur uses contrary or supplementary General Terms and Conditions, their applicability is hereby voided and they do not become part of a contract, unless we expressly agreed to them.

2. Parties, conclusion of contracts
The purchase contract is entered into with MRA-Klement GmbH.
By putting the products in the online shop, we submit a binding offer for entering into a contract with regard to the merchandise in question. You may initially add our products to your shopping cart without commitment, and at any time correct the data you entered prior to submitting your binding order by using the proofing tools intended for and explained in the order process. The contract is concluded when you click the order button and thus accept the offer regarding the merchandise contained in the shopping card. Immediately after submitting the order, you will receive another order confirmation via email.

3. Contractual language, contract text records
The languages available for the conclusion of contracts are German and English.

We do not record the contract text.

4. Terms of delivery
Shipping costs will be charged in addition to the indicated product prices. Please refer to the offers for more details on shipping costs.
You may also collect your order at MRA-Klement GmbH, Siemensstr. 6, 79331 Teningen, Germany during the following business hours: Mo-Thu: 09.00 a.m. - 04.00 p.m. / Fr: 09.00 a.m. - 12.00 noon.

5. Payment
You may select one of the following types of payment in our shop:

Advance payment
If you select advance payment, we will send you our bank information in a separate email and deliver the merchandise upon receiving payment.

Cash on delivery
You will pay the purchase price directly to the delivery agent. Fees in the amount of 8.60 EUR are charged in addition, and another 2.00 EUR are charged directly by the delivery agent.

Credit card
You simultaneously submit your credit card data upon submitting your order. After confirming you as the legitimate owner of the card, we will immediately send a payment request to your credit card company to initiate payment. The payment transaction will be executed by the credit card company automatically and then your card will be charged.

SEPA direct debit
Upon submitting the order, you grant us a SEPA direct debit mandate. We will notify you of the date of the account debit (the so-called pre-notification). By submitting the SEPA direct debit mandate, we prompt our bank to initiate the payment transaction. The account will be debited automatically after you have received the merchandise.
The deadline for the pre-notification of the date of the account debit (the so-called pre-notification deadline) will be reduced to 1 day.

PayPal 
During the order process, you will be redirected to the website of the online payment service provider PayPal. In order to be able to pay the invoice amount via PayPal, you need a PayPal account or will have to complete your registration with PayPal, identify yourself by entering your access details, and confirm the payment order in our favour. After submission of the order in the shop, we prompt PayPal to initiate the payment transaction. You will receive more information during the order process.
PayPal will automatically perform the payment transaction immediately afterwards.

PayPal Plus
We offer various payment modes as PayPal Services within the scope of the payment service PayPal Plus. You will be forwarded to the website of the online payment service provider PayPal, where you will be able to enter your payment details, confirm the use of your data by PayPal, and the payment order to PayPal. You will receive more information during the order process.

If you selected PayPal as your payment mode, you need a PayPal account or complete your registration with PayPal and identify yourself by entering your login details to be able to pay the invoice amount. PayPal will automatically complete the payment transaction upon confirmation of the payment order.

If you select payment by credit card, you do not need to be registered with PayPal to be able to pay the invoice amount. The payment transaction will immediately be completed by your credit card company by charging your card upon receiving a request from PayPal after you confirmed the payment order and identified yourself as the rightful card owner.

If you choose the direct debit payment method, you do not need to be registered with PayPal to be able to pay the invoice amount. You grant PayPal a direct debit mandate by confirming the payment order. PayPal will notify you of the date of the account debit (the so-called pre-notification). By submitting the direct debit mandate upon confirming the payment order, PayPal will prompt their bank to initiate the payment transaction. The payment transaction will be completed and your account will be debited.
If you select payment on account, you do not need to be registered with PayPal to be able to pay the invoice amount. After the address and credit check were performed successfully and the order was submitted, we assign our claim to PayPal. In this case, you may only pay with discharging effect to PayPal. For payment transactions via PayPal, the General Terms and Conditions and the Privacy Policy of PayPal apply in addition to our General Terms and Conditions. Please refer to the following website for additional information and for the full version of the General Terms and Conditions of PayPal on purchases on account: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

SOFORT Überweisung

After submitting the order, you will be redirected to the website of the online payment service provider SOFORT Überweisung. To be able to pay the invoice amount via SOFORT Überweisung, you need to have an online banking account eligible for the PIN/TAN method which is enabled for using SOFORT Überweisung, identify yourself and confirm the payment order in our favour. You will receive additional information during the order process. Immediately afterwards, SOFORT Überweisung will perform the payment transaction and your account will be charged.

Giropay
After submitting the order, you will be redirected to the website of your bank. To be able to pay the invoice amount via Giropay, you need to have an online banking account eligible for the PIN/TAN method which is enabled for using Giropay, identify yourself and confirm the payment order in our favour. You will receive additional information during the order process. Immediately afterwards, the payment transaction will be performed and your account will be charged.

Paydirekt
After submitting the order, you will be redirected to the website of the online payment service provider paydirekt. To be able to pay the invoice amount via paydirekt, you need to have an online banking account which is enabled for paydirekt, be registered at paydirekt or register first, identify yourself using your login details and confirm the payment order in our favour. You will receive additional information during the order process. Immediately upon submitting the order, we will prompt paydirekt to initiate the payment transaction. The payment transaction will be completed by paydirekt automatically.

Amazon Payments
By clicking the "Pay with Amazon" button, you will be forwarded to the website of the online provider Amazon even before completing the order process in our online shop. To complete the order process via Amazon and be able to pay the invoice amount, you need an Amazon account or register first and identify yourself using your login details. You may then choose the delivery address and payment method stored with Amazon, agree to the use of your data by Amazon and confirm the payment order in our favour. You will receive additional information during the order process. You will subsequently be redirected to our online shop where you will be able to finish the order process.
Immediately afterwards, we will prompt Amazon to initiate the payment transaction. Amazon will automatically complete the payment transaction.

Payment via invoice and financing
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you invoice and payment in instalments as payment options. Please be aware that Invoice and Part Payment are only available for consumers and that the payment is to be made to Klarna. 

Invoice
For merchants only: as per the agreement.

For consumer: When purchasing with Invoice you receive your goods first and you have always a payment period of 14 days. The complete terms and conditions you can find here.

Part Payment
With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. Further information regarding Part Payment including terms and conditions and Standard European Consumer Credit Information you can find here.

Data Protection Notice
Klarna reviews and evaluates the data you provided and in case of legitimate interest performs a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarnas privacy statement.

Cash payment upon collection
You will pay the invoice amount cash upon collection.

6. Return policy
Consumers may exercise the statutory right of revocation as described in the revocation instruction. Entrepreneurs may not exercise a voluntary right of revocation.

7. Retention of title
The merchandise remains our property until paid in full.
The following additionally applies to entrepreneurs:
We retain the property rights to the merchandise until all claims arising from an ongoing business relationship are settled in full. You may resale the reserved goods within the course of ordinary business; any claims arising from this resale are hereby assigned to us in advance – irrespective of any combination or blending of the reserved goods with a new item – in the amount indicated on the invoice, and we hereby accept the assignment. You remain entitled to collect the claims, yet we are also entitled to collect the claims ourselves in case you do not meet your payment obligations.

8. Transport damage
For consumers:
If the delivered merchandise exhibits obvious transport damage, please file a complaint with the supplier as soon as possible and contact us without delay. Neglecting to file a complaint or contact us does not affect your statutory claims and their enforcement, particularly your warranty rights. However, you will support us in asserting our own claims towards the carrier and/or the transport insurance company.

For entrepreneurs:
The risk of accidental destruction or accidental deterioration is transferred to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution designated for executing the delivery. For merchants, the obligation to examine the merchandise and give notice of defects pursuant to Section 377 of the Handelsgesetzbuch (HGB) [German Commercial Code] applies. If you neglect to give the notice of defects regulated therein, the merchandise is deemed approved, unless there is a defect which could not be established during the examination. This does not apply in case we maliciously concealed a defect.

9. Warranty and guarantees
The statutory warranty for defects applies. Please refer to the respective product and to special information pages in the online shop for information on any applicable additional guarantees and their specific terms.

10. Liability
For claims due to damage caused by us, our legal representatives or agents, we always assume unlimited liability in case of

  • damage to life, limb or health,
  • intentional or grossly negligent violations of obligations,
  • guarantee promises that were agreed on, or
  • in case product liability law applies.

In case of any material violations of contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place, and the fulfilment of which the contractual partner may trust in regularly (cardinal obligations), due to slightly negligent behaviour on our part, on part of our legal representatives or on part of our agents, the amount of the liability is limited to the damage to be expected upon conclusion of the contract, and which is typically to be expected. All other claims for damages are excluded.

11. Code of conduct
We are in compliance with the following codes of conduct:
Trusted Shops quality criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

12. Online dispute resolution
Online dispute resolutions pursuant to Section 14 Paragraph 1 of the ODR Directive: the European Commission provides a platform for online dispute resolution (OS), which is available under http://ec.europa.eu/consumers/odr/.

13. Final provisions
If you are an entrepreneur, German law with the exclusion of UN sales law applies.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.