Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (MAX CARBON GmbH) via the website https://www.maxcarbon.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and/or the provision of assembly services.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order details will finally be displayed as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also using the "back" function of your internet browser), or cancel the order in the order summary.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with charge", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for creating an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. Therefore, you must ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by spam filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after the conclusion of the contract. Any specifications we provide regarding file formats must be observed.
(2) You commit not to transmit data whose content infringes the rights of third parties (especially copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Service Provision for Assembly Services
(1) As far as assembly services are part of the contract, we owe the assembly work resulting from the service description. We perform these to the best of our knowledge and belief, personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time of providing the assembly services, you must ensure that the premises are accessible and in a reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical power and, if necessary, water as required. We are entitled to terminate the contract part concerning the provision of assembly services according to § 643 BGB if you do not fulfill your cooperation obligations. We will set you a reasonable deadline during which you can make up the necessary cooperation services.
(4) If you exercise your right of termination according to § 648 sentence 1 BGB, we can charge a flat fee of 10% of the agreed remuneration if the execution has not yet begun. However, this only applies if the statutory right of withdrawal exists and you exercise your right of termination only after the withdrawal period has expired. You retain the right to prove that we actually incurred no or significantly lower costs.
§ 5 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
- Instant transfer ("Pay Now") Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).
§ 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) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before ownership of the reserved goods passes, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value; we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) If you are informed by us before submitting the contract declaration and this has been expressly and separately agreed, the limitation period for warranty claims for used goods is one year from delivery of the goods. The above restriction does not apply:
- for damages culpably caused by us attributable to injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the condition of the goods.
(3) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following warranty provisions apply deviating from the above:
a) Only our own specifications and the manufacturer's product description are considered agreed as the condition of the goods, but not other advertising, public promotions, or statements by the manufacturer.
b) In case of defects, we provide warranty at our choice by repair or replacement delivery. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless something else results especially from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs caused by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us attributable to injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the condition of the item;
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness;
- for statutory recourse claims you have against us in connection with defect rights.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the residence or habitual abode at the time of filing the lawsuit is unknown. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
II. Customer Information
1. Identity of the Seller
MAX CARBON GmbH
Gewerbepark Edelweiß 2
88138 Weißensberg
Germany
Phone: +4916095441989
E-mail: info@max-carbon.de
Company Complaint Office:
info@max-carbon.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr (https://ec.europa.eu/consumers/odr).
We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the contract conclusion itself, and the correction options are carried out according to the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person designated to carry out the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory warranty law
The warranty for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
9. Termination
9.1. Information on contract termination and termination conditions can be found in the provisions on "Assembly services" in our General Terms and Conditions (Part I) as well as in the respective offer.
These terms and conditions and customer information were created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 22.10.2024
