of

Max Cropp GmbH & Co KG,
Personally liable partner: Stuhlmann Verwaltungs GmbH - Hamburg
Managing Director: Eckart Stuhlmann

 

Großmoorring 10, 21079 Hamburg, Germany
Phone: +49 (0)40 76 62 35-0
Email: [email protected]

 

registered in the Commercial Register of the District Court (Amtsgericht) of Hamburg under HRA 130269,
represented by Managing Director Eckart Stuhlmann,
VAT Identification No.: DE 363 544 716

- hereinafter referred to as the "Provider" -.

 

 

(1) For the business relationship between the Provider and the Customer, these General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer (Verbraucher pursuant to § 13 BGB) insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur (Unternehmer pursuant to § 14 BGB) is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

 

 

(1) The Customer can select products from the Provider's assortment and submit a binding request to purchase the product by clicking the "Buy" button ("Kaufen") during the checkout process. Before sending the order, the Customer can change and view the data at any time. However, the request can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions and thereby included them in his request.

(2) The Provider will then send the Customer an automatic acknowledgment of receipt via email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Provider and does not constitute an acceptance of the request. The contract is only concluded upon the issuance of the declaration of acceptance by the Provider, which is sent via a separate email (invoice). In this email or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of the order) will be sent to the Customer on a durable medium (email or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection regulations.

(3) If the Provider offers a product in an auction, this constitutes a binding offer that is accepted by the Customer. With the subsequent email message, the Provider merely confirms the contract that has already been concluded.

(4) The contract shall be concluded in the German language.

 

 

(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the price has been paid in advance (except for purchases on account). Unless no or a different delivery time is specified for the respective product, it shall be 14 days.

(2) If no copies of the product selected by the Customer are available at the time of the order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance and inform the Customer. In this case, a contract is not concluded.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall likewise inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. The Customer's statutory right of cancellation (see § 9) remains unaffected by this. In this case, the Provider is also entitled to dissolve the contract. In doing so, the Provider will immediately refund any payments already made by the Customer.

(4) For products delivered by a freight forwarding agent (spedition), delivery is made "unloaded curbside" (unabgeladen frei Bordsteinkante), i.e., up to the public curbside closest to the delivery address, unless otherwise specified in the shipping information and unless otherwise agreed. The recipient/Customer must ensure proper unloading and, if necessary, have appropriate technical aids (e.g., forklift & operator) ready.

(5) The Provider reserves the right to refuse delivery of individual items or the entire order to certain countries if the bureaucratic effort to be performed appears to be disproportionate due to country-specific documentation requirements.

 

 

Until full payment has been made, the delivered products shall remain the property of the Provider.

 

 

(1) All prices stated include the statutory value-added tax applicable at the time.

(2) The corresponding shipping costs will be indicated to the Customer during the ordering process and are to be borne by the Customer, unless the Customer exercises his right of cancellation.

(2a) Should an item/an order not be suitable for parcel shipping and shipping by a freight forwarding agent becomes necessary, the Provider will inform the Customer of the specific delivery costs after his order. A purchase contract is only concluded upon acceptance of the shipping costs by the Customer.

(3) In the event of a cancellation, the Customer shall bear the direct costs of returning the goods.

 

 

(1) The Customer can make payment via invoice (if you are already a customer of ours and the last purchase was not more than 5 years ago), payment in advance (for new customers), or payment upon collection.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest at a rate of 5 percentage points above the base interest rate. The Customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by the Provider.

(3) For some time now, we have also offered PayPal as a payment method, which is however not integrated into the automated checkout process. Only after checking the order on our part will you receive the invoice via email along with the link for payment via PayPal.

 

 

(1) The Provider shall be liable for material defects in accordance with the applicable statutory regulations, in particular §§ 434 et seq. BGB. Towards entrepreneurs, the Provider has the choice of the type of supplementary performance (Nacherfüllung), and the warranty period for items delivered by the Provider shall be 12 months. Claims for damages and reimbursement of expenses, the right of recourse pursuant to § 478 BGB, as well as claims due to intentional conduct and malicious concealment of a defect remain unaffected by this.

(2) An additional guarantee exists for the goods delivered by the Provider only if this was expressly stated in the order confirmation for the respective item.