Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded via our online shop between us, the
EUROMAX GmbH
Alter Hellweg 36
44379 Dortmund
Germany
Managing Director: Ismail Akar
registered in the commercial register of the Dortmund District Court, commercial register number: HRB 31388,
Telephone number: +49 (0) 23 1 / 88 23 82 82
Fax number: +49 0231 / 33 41 29
Email address: info@spiegelmax.de
and you as our customer (this explicitly includes all genders, and the generic masculine form is used solely for reasons of clarity). These Terms and Conditions apply regardless of whether you are a consumer, businessperson, or merchant.
(2) All agreements made between you and us in connection with this contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and, if applicable, our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This applies even if we do not expressly object to their inclusion.
§ 2 Conclusion of contract for individual orders
(1) EUROMAX GmbH makes a binding offer to conclude a contract by enabling the customer to manufacture a product according to their wishes.
(2) The customer accepts this offer by placing a binding order (by clicking the button “order with obligation to pay”).
(3) Immediately after acceptance of the contract, the customer will receive an order confirmation by email.
§ 3 Conclusion of contract for other advertised products
(1) The presentation and promotion of such articles in our online shop do not constitute a binding offer to conclude a contract.
(2) By submitting an order via the online shop by clicking the "Place order with payment" button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your existing right to cancel your order remains unaffected.
(3) We will promptly confirm receipt of your order placed through our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also confirms acceptance.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) We can only accept orders for deliveries abroad if a minimum order value is exceeded. The minimum order value can be found in the pricing information provided in our online shop.
§ 4 Delivery conditions and reservation of advance payment
(1) We are entitled to make partial deliveries as long as this is reasonable for you.
(2) The delivery period is 5 working days, unless a different delivery period is specified in the item description . It begins – subject to the provisions of paragraph 3 – upon conclusion of the contract.
(3) For orders from customers residing or doing business abroad, or if there are reasonable grounds for a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (prepayment reservation). If we exercise this prepayment reservation, we will notify you immediately. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
§ 5 Prices and shipping costs
(1) All prices stated in our online shop are gross prices including statutory VAT and are exclusive of any applicable shipping costs.
(2) Shipping costs are stated in our prices in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit your order.
(3) If we fulfill your order by partial delivery in accordance with Section 4, Paragraph 1, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can, under the statutory conditions, demand reimbursement of costs already paid for delivery to you (shipping costs) (see our cancellation policy for other consequences of cancellation).
(5) Shipping partners are DHL and GEL Express Logistik GmbH.
§ 6 Terms of payment and offsetting and retention rights
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can choose to transfer the purchase price and shipping costs to the account specified in our online shop, authorize us to collect, pay by debit or credit card, prepayment, Amazon Pay, PayPal, PayPal Plus: Purchase on Account, Klarna Sofort, and Klarna Purchase on Account. However, purchase on account is reserved exclusively for large customers. You can also pay in cash upon pickup and, if applicable, by debit card. Installment payments are not offered.
(3) In the case of a direct debit authorization or payment by debit or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A granted direct debit authorization also applies to further orders until revoked.
(4) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints about defects or counterclaims arising from the same purchase contract.
(5) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins upon delivery of the goods. If a defect becomes apparent within the limitation period, the limitation period shall not commence before the expiration of four months from the time at which the defect first became apparent, Section 475e (3) of the German Civil Code (BGB).
(2) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be included with the items.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenses in accordance with the statutory provisions in the event of intent and gross negligence.
(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and shall be limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We hold the copyright to all images, films, and texts published in our online shop. Use of these images, films, and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and are domiciled in Germany at the time of the order, the exclusive place of jurisdiction is the Seller's registered office, 44536 Lünen, Germany. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an online dispute resolution platform. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
As of: August 1, 2023