GTAC
GENERAL TERMS AND CONDITIONS
1. GENERAL
(1) The following general terms and conditions apply to all contracts, deliveries and other performances by Maxnomic GmbH / www.needforseat.eu, Wiesenstrasse 13 B, D-34246 Vellmar (GERMANY). The General Terms and Conditions are valid in the version effective at the time of the order.
(2) Any terms which deviate herefrom are expressly repudiated. Differing terms and conditions of the customer will be acknowledged insofar as these have been explicitly accepted in written form in individual cases. All collateral agreements require written confirmation of both parties.
(3)All business relations between NEEDforSEAT and its customers are subject to the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For customers these laws do only apply as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away. The place of jurisdiction is Kassel (Germany) provided that the customer is a businessman, a legal person subject to public law or special entity subject to public law.
(4) A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance professional activity. A "business entity" in the context of these Terms and Conditions is any natural person, legal entity, or company with legal personality that carries out commercial or independent professional activities on entering into a legal transaction.
(5) We therefore recommend that our customers print out all transaction data, payment methods and General Terms and Conditions when placing an order.
2. ORDER CONFIRMATION AND CONCLUSION OF CONTRACT
(1) NEEDforSEAT provides a wide range of seats and accessories on the website http://www.needforseat.eu/. The product specifications listed in the online shop do not represent binding offers but a non-binding online catalogue. The offer for a conclusion of contract is made by the customer’s dispatch of the order process in the NEEDforSEAT® online shop.
(2) The customer can place the offer via the order form provided by NEEDforSEAT®‘s online shop. After having placed the selected goods and / or services in the virtual cart and going through the electronic ordering process, the customer places a legally binding contract offer by clicking the final button „Send Order“. Before placing a binding order via the online order form, the customer will be able to correct the order details. All details will be shown in a confirmation window where they can still be edited.
(3) Products offered on www.NEEDforSEAT.eu are to be sold exclusively by NEEDforSEAT to legal persons of full legal capacity or legal entities for the sole purpose of personal use. Goods are released in customary quantities only. Commercial reselling of the offered products without the explicit approval of NEEDforSEAT is not permitted. NEEDforSEAT reserves the right to cancel any orders that have evidently been made by resellers. The customer shall be obliged to state the data required for the registration or order (such as name, address, email address etc.) truthfully and completely.
(4) The acceptance of the offer placed by the customer and therefore of a contract shall only be made if and when NEEDforSEAT® has confirmed the agreement by sending an order confirmation email to the customer.
(5) The contractual text as well as the current GTAC will be saved by the seller and send to the customer after placement of the order via e-mail, fax or post. Additionally the contractual text will be archived on the internet page of the seller and be viewed by the customer in his customer account for free, given the customer has created a customer account in the online shop of the seller before having placed the order.
(6) German and English language are available for the conclusion of the contract.
3. RIGHT OF WITHDRAWAL IN CONSUMER CONTRACTS
(1) Consumers shall have the right of withdrawal. More information about the right of withdrawal can be found in the Instructions of the right of withdrawal.
(2) In case of withdrawal in due time, NEEDforSEAT® will pick up the goods at their own expense.
4. PRICES AND DELIVERY
(1) Deliveries will be made and invoiced according to the prices and terms and conditions valid on the date of delivery on the website http://www.needforseat.eu. The prices consist of the purchasing price, shipping costs and other price components. VAT included.
(2) Shipments will be made by NEEDforSEAT® upon receipt of advance payment by the customer, when choosing payment by cash on delivery (COD) shipment will be made after order confirmation.
After having received an order confirmation, payments shall be settled immediately via bank transfer, PayPal or cash on delivery (if available).
(3) NEEDforSEAT® delivers goods to the delivery address given by the customer.
(4) NEEDforSEAT® will arrange for the goods to be shipped within the delivery time stated when ordering. When ordering multiple goods with different delivery times, shipment will most likely take place within the delivery time oft he product with the longest stated delivery time. The delivery time when paying in advance starts on the day after the payment order has been transmitted to the payment company or when paying with cash on delivery on the day after conclusion of the contract and ends on the last day of that period. In case the last day of that time limit is a Saturday, Sunday or a public holiday in the place of delivery, the next day will be the end of the time limit.
5. RESERVATION OF PROPRIETARY RIGHTS / SET-OFF
(1)The goods delivered shall remain property of NEEDforSEAT until the fulfillment of all demands arising from the contract given that the customer is a legal entity of public law, special fund under public law or business owner who is acting in the line of his industrial, commercial or independent professional activity even beyond the ongoing business relationship until all claims connected to the contract have been fulfilled. All goods supplied remain property of NEEDforSEAT until all accounts have been settled, notwithstanding legal considerations and including future or contingent receivables resulting from contracts concluded at the same time or contracts concluded at a later date.
(2) Customers shall only have the right to set off counterclaims given that these are legally valid or undisputed by NEEDforSEAT®.
The customer shall only be authorized to exercise a right of retention if his counterclaim is based on the same contractual relation.
6. LIABILITY FOR DEFECTS (WARRANTY)
(1) If a purchased good is defective, the legal regulations for liablility of defects apply. The period of limitation of warranty claims for defects amounts to 2 years after delivery of goods.
7. DISCLAIMER
(1) NEEDforSEAT® assumes unlimited liability for damages from neglect of duties resulting from intent or gross neglect by NEEDforSEAT® or its legal representatives or servants.
Insofar as the violation of duty attributable to NEEDforSEAT® is due to ordinary negligence and an inessential contractual duty has been culpably breached, the liability for damages shall be restricted to the foreseeable damage which typically occurs in similar cases. In all other cases any liability is excluded.
(2) The liabiltity of NEEDforSEAT® due to injury to life, body and health and in cases of a liability under the law on product liability remains unaffected from regulations of the paragraphs 1 and 2.
8. DATA PROTECTION
(1) The customer is aware and agrees that personal data needed for processing of the order (name, invoice- and delivery address, email-address and IP address) may be stored on data media by NEEDforSEAT®.
The customer expressly agrees to the collection, storage and processing of his personal data to the required extent to fulfill the contract. All personal data will be treated strictly confidential. Personal data necessary for the handling of the business will be saved and treated confidentially in consideration of the Federal Data Protection Act (BDSG) and the German Broadcast Media Act (TMG) as well as the Privacy Policy.
(2) The customer has the right to revoke the agreement for the use of his personal data at any time. In that case, NEEDforSEAT shall be obligated to delete all personal information of the customer immediately. In case of an incomplete order transaction, the data will be deleted upon completion of the order transaction.
9. SEVERABILITY CLAUSE:
Should individual clauses be or become ineffective or should the stipulation therein be incomplete (especially in case of a possible wrong translation from the German General Terms and Conditions), the legal effectiveness of the other clauses remain unaffected by this fact.
In case of the ineffectiveness of a single clause both contracting parties will make efforts to obtain a new agreement, considering their mutual interest which comes closest to the economic purpose of the ineffective clause.
