I. General Terms andConditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (mute-labs GmbH) via the website www.mute-labs.de, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a contract with consumers is excluded.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential features of the goods can be found in the respective offer.
(2) As soon as the respective product is placed on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the respective offer.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the option of checking all the details again, changing them (also using the "back" function of the Internet browser) or cancelling the purchase. By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You can also submit a binding contractual offer (order) by telephone, e-mail, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place in the case of an order by telephone immediately or at the latest within 5 days by means of a confirmation in text form (e.g. e-mail) in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3 Prices, terms of payment and shipping costs
(1) The prices stated in the respective offers as well as the shipping costs represent net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are charged separately unless free shipping has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Insofar as no other payment deadline is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
§ 4 Terms of Delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded without delay.
(3) Shipment is at your risk. If you wish, the shipment will be carried out with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced independently by us, provided that you are not burdened with additional costs for the shipment as a result.
(5) In case you request short notice changes regarding the delivery- /assembly date or a cancellation of the delivery, costs are generated for us. Therefore, we reserve the right to invoice you the delivery- and assembly costs accordingly:
(1) The warranty period is 2 years from delivery of the item. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
(2) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Place of performance as well as place of jurisdiction is our registered office, as far as you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
1. Identity of the Seller
Phone: 030-397 119 96
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1. contract language is german.
3.2. The complete contract text will not be stored by us. Before sending the order or the enquiry, the contract data can be printed out or electronically saved using the browser's print function.
These GTC have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: http://www.haendlerbund.de/agb-service.