Terms of service
1. Scope and Provider
These General Terms and Conditions apply to all orders placed by customers in the online shop
metal-market.eu
by
MK2V GmbH
Richard Neutra Gasse 5
A-1210 Vienna
VAT No.: ATU82521246 FN: 658174 d
are placed.
(2) The range of goods in our online shop is aimed both at consumers and at customers who are to be regarded as entrepreneurs within the meaning of the Austrian Consumer Protection Act (KSchG), i.e. who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity, as well as at consumers.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of the customer’s general terms and conditions that conflict with our General Terms and Conditions is hereby rejected.
2. Conclusion of Contract and Prices
(1) By completing the order process in our online shop, the customer submits a binding purchase offer. If we subsequently send an automated confirmation of receipt, this does not yet constitute acceptance of the customer’s purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we select the goods and dispatch them to the customer without a prior express declaration of acceptance.
(2) The prices stated in our online shop are gross prices.
(3) All prices are exclusive of the respective shipping costs stated.
(4) The customer agrees to receive all documents, such as invoices, order confirmations and delivery notes, solely in electronic form and to have them sent electronically.
3. Terms of Payment
(1) The payment methods available for the respective customer are indicated in our online shop.
4. Delivery, Transfer of Risk, Delivery Dates
(1) Unless otherwise agreed, delivery of the goods will be made, at your request, from our warehouse to the address you specify.
5. Warranty
(1) A warranty period of six months is agreed.
(2) In the event of defects, we provide warranty at our discretion by repair or replacement (subsequent performance).
6. Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the provisions of the Product Liability Act. In the case of slight negligence, we are liable for damages resulting from injury to life, limb or health.
(2) Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable if a material contractual obligation is breached, the fulfilment of which is essential for the proper performance of the contract and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages foreseeable at the time the contract was concluded and which are typically to be expected.
6. Default Interest & Dunning Fees
If the payment term is not met, default interest of 5% and a flat dunning fee of €40 are deemed agreed.
7. Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you are subject exclusively to Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer shall be our registered office.