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Conditions of Use

Terms and Conditions


1st General
The following Terms and Conditions apply to all contracts, supplies and other services in business with entrepreneurs. Any provisions of the contractor, we hereby expressly oppose. All ancillary require written confirmation from us. The Michael Utzerath GmbH is always entitled to these terms and conditions including all possible facilities with a reasonable period of notice to amend or supplement.

2nd Quote
Our offers are not binding. Small deviations and technical changes to our pictures or descriptions are possible. The current mailing losing a re-appearance with its validity.

2.1 Should the Michael Utzerath GmbH subsequently recognize that an error such as the information on a product at a price or a availability has crept in, the Michael Utzerath GmbH customers informed immediately. This may be the order under the amended terms again. Otherwise, the Michael Utzerath GmbH to rescind the contract.

2.2 Selection shipments sends Michael Utzerath GmbH for 10 days for viewing. The minimum purchase is 50 euros. These levies Michael Utzerath effort GmbH, a fee of 20 euros. For larger selections by appointment.

3rd Delivery and payment terms
The delivery and payment conditions of the Michael Utzerath GmbH are in the order form closer. There is a minimum order value of 50.00 €. Our prices for wholesale prices are net in euros and are exclusive of VAT. There is reserved for a partial delivery in a reasonable framework for you provided that this is beneficial for a speedy settlement. Additional shipping costs are only an explicit agreement. From our customers desired special dispatch forms are ortsüblichem award.

3.1 any price changes remain reserved

3.2 Payment by direct debit, cash or advance granted Michael Utzerath GmbH 4% discount on invoice amounts of 50 euros. On Inlandsnachnahmen, EC-payments and transfers within 10 days, 3% discount. For credit card payments can GmbH Michael Utzerath no discount. For foreign cheques, the Michael Utzerath Gmbh the bank charges the buyer into account.

3.3 All through late payment costs will be borne by the buyer. Late interest with 11% p. A..


4th Auftragserteilung

4.1 The contract award recognizes the buyer following the sale, delivery and payment conditions. Contrary person conditions of the buyer will not be accepted.

4.2 Please specify when ordering your customers always no., Delivery address and in case of inquiry also your telephone or cell phone number.

5th Delivery times
Ware, the stock is (for transportation difficulties, we assume no liability) comes quickly, usually on the same day for shipment. If the goods are ordered not in stock, we try to fastest delivery. If the non-compliance with a delivery or performance period to force majeure, industrial, or other unforeseen obstacles beyond our control circumstances, the deadline be extended. Failure to comply with the delivery period for reasons other than the above reasons, the buyer is entitled, in writing a reasonable period with the rejection of the threat and to an unsuccessful end after their terms of the contract delivery or performance of the contract. Is the impossibility of supply failure of the manufacturer or our suppliers, they may both we and the buyer from the contract, provided that the agreed delivery date by more than 2 months overdue. Claims for damages due to default or inability or failure to comply, including those to withdraw from the treaty obligations, are excluded. Unless, that a legal representative of Michael Utzerath GmbH intentional or grossly negligent.

6th Defects & Warranties
Complaints are 6.1 by the buyer no later than within a week after receiving the goods in writing, by telephone or by e-mail ( Party. Otherwise, the delivery is considered approved.

6.2 As part of the right you have the possibility to Article ordered to examine and look to take - as reflected in a shop would be possible. This right does not include the use of the delivered items. Goods with visible signs of wear, the sale of a new product impossible, we will not.

6.3 The assignment of warranty claims to third parties.

6.4 Sold the buyer the goods supplied by us to third parties, it is prohibited because of the legal and / or contractual warranty claims can be a free exchange.

6.5 The buyer is a right of subsequent performance. The Michael Utzerath GmbH is primarily an electoral law, whether the lack eliminated or a free replacement delivery.

7th Returns

7.1 The return of the buyer must be adequately insured and carefully packaged. Postage costs are only Michael Utzerath GmbH refunded if there is still a shortage.

7.2 The adoption of non-free shipments is generally denied.

8th Transfer of risk
The delivery of the goods are at the risk of the customer. The risk is associated with transfer of goods to the shipping company to the customer. This also applies if the Michael Utzerath GmbH transport costs. Complaints due to transport damage (for example, damaged packaging when receiving the goods), the customer directly to the transport company within the specified time limits claims.

9th Ensuring
The Michael Utzerath GmbH ensure that the goods sold at the time of danger transition free of material and manufacturing defects and the contractually guaranteed properties. At arrival, the customer has the goods immediately to deficiencies and composition to investigate. In the case of open deficiencies must be within 5 days of finding, in writing or by telephone to us, along with hidden defects. Otherwise there is no warranty. For complaints, the purchase date with an invoice. The article must protested together with a copy of the invoice, sufficient postage, to be mailed. The Michael Utzerath reserves deviations from shop and / or brochure illustrations. Such changes as well as standard deviation in color, quantity or weight are not considered as shortcomings and solve any warranty claims.

The warranty does not cover normal wear and tear or wear. The warranty is void if the customer the goods changed.
The Michael Utzerath GmbH has during the warranty the right to free repair. A partial or complete replacement of the article is permitted.
If deficiencies within a reasonable time is not resolved, the buyer is entitled to change or reduction.

10th Resignation at the lack of creditworthiness
If, after the conclusion of the contract stated that the buyer is not creditworthy, or occurs in the course of the contract management to reduce the credit, so is Michael Utzerath GmbH to rescind the contract or demand immediate payment delivered by an advance payment for goods to be delivered, Drawn Barabdeckung including any correspondence with late maturity entitled.

11st Liability
The Michael Utzerath GmbH assumes no liability for goods delivered, according to the dispatch or collected by the buyer or third change, rebuilt or otherwise have been manipulated. For damages of any kind resulting from a deliberate or negligent indebted customers affected by the products supplied by us, we assume no liability.

11.1 demands of the customer for damages, for example, for non-performance, culpa in the contract, breach of contractual obligations addition, consequential damages, damages for tort and other legal grounds are excluded. Ausnehmend them liable Michael Utzerath GmbH in the absence of a guaranteed quality, or gross negligence. Claims from the product liability law are not affected.

11.2 The Michael Utzerath GmbH assumes no responsibility either for the continuous and uninterrupted availability of, nor for technical or electronic error of the online offer.

12nd Retention of title
Until the full payment of the goods remains the property of Michael Utzerath, Inc. In the event of payment default by the purchaser, the application for insolvency proceedings, a transfer of qualifying law on third parties, or the transition of the business operations of the purchaser to a third party we are entitled, even without from the contract, the goods delivered back to this end and the business premises of the buyer to enter. In the withdrawal of the goods by us is no rescission of the contract if we do not expressly written statement. We are back to the reservation goods to their direct entitled. The recovery proceeds is due to the liability of the buyer less reasonable costs account.

13rd Data storage
Under Section 28 of the Federal Data Protection Act (FDPA), we pointed out that in the context of the business necessary data through a computerised system in accordance with Section 33 (FDPA) processed and stored. Personal data will be kept confidential and not shared with third parties.

14th Jurisdiction
Place of performance and jurisdiction for both parties is the seat of Michael Utzerath, Inc. It is only the laws of Germany.

Michael Utzerath GmbH - Käuzchenweg 16 - 86156 Augsburg - -



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