General terms and conditions
Online Shop Mues-Tec for sales within the European Union www.smartmirrror.de/shop
Disclaimer
The General Terms and Conditions (GTC) of Mues-Tec GmbH & Co. KG are governed by German law. The legally valid document is, therefore, the German original (Allgemeine Geschäftsbedingungen - AGB). The English version is accurate and true to the original to the best of our knowledge. However, Mues-Tec GmbH & Co. KG is not liable for any claims on grounds of linguistic misunderstandings or translation errors.
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1. Scope of application
For all orders via our online shop www.mues-tec.de/shop the following terms and conditions apply. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Contracting party, conclusion of contract, correction possibilities
The purchase contract is concluded with Mues-Tec GmbH & Co. KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Terms of delivery
In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible.
We do not deliver to packing stations.
We deliver in our EU-Online Shop www.mues-tec.de/shop exclusively to EU member states; the following countries in which exclusive contracts with distributors exist are excluded. In this case, please contact the distributors directly:
We do not deliver to Austria. For orders to Austria, please contact our distributor Polypex GmbH, who can be reached by telephone at +43 7242 43057 or by e-mail at info@polypex.at .
We do not deliver to Belgium. For orders to Belgium please contact our distributor Van Marcke, reachable by e-mail: alambert@vanmarcke.be
5. Payment
The following payment methods are available to you in our shop:
Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the payment method PayPal, you have to be registered there in order to pay the invoice amount, or you have to register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be executed by your credit card company upon PayPal's request immediately after confirmation of the payment order and after your legitimation as legitimate cardholder and your card will be debited. You will receive further information during the ordering process.
If you have chosen to pay by direct debit, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal asks its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. You will receive further information during the ordering process.
If you have chosen the payment method invoice, you do not have to be registered with PayPal to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case you can only pay to PayPal with debt discharging effect. For payment processing via PayPal - in addition to our general terms and conditions - the general terms and conditions and PayPal's privacy policy apply. Further information and the complete terms and conditions of PayPal for invoice purchase can be found here.
Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before the completion of the ordering process in our online shop. In order to complete the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimise with your access data. There you can select the delivery address and payment method saved at Amazon, confirm the use of your data by Amazon and confirm the payment order to us. You will then be redirected to our online shop, where you can complete the order process.
Immediately after the order has been placed, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.
6. Retention of title
The goods remain our property until full payment has been made.
7. Transport damages
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Warranty claims of the buyer presuppose that he inspects the goods immediately after receipt in accordance with § 377 HGB (German Commercial Code) and notifies us in writing of any discovered defects immediately after inspection or hidden defects immediately after their discovery, specifying the defect.
All our specifications, including those in brochures, documents and other documents, are only performance descriptions and are only approximate. They are not guarantees or assurances of characteristics, nor is anything else expressly agreed.
If there is a defect for which we are responsible, the purchaser can only assert further rights (withdrawal from the contract or reduction) if he initially gives us the opportunity to perform subsequent performance twice (repair or replacement of the defective delivery item) within a reasonable period of grace, unless we have given a contrary guarantee. We are entitled to determine the type of subsequent performance (repair or replacement).
In the event of unjustified assertion of defect claims by the purchaser for reasons for which we are not responsible, we shall be entitled to charge the purchaser with the reasonable costs incurred by us for determining or remedying the damage.
We shall be entitled to charge the Buyer with such additional costs of subsequent performance (repair or replacement), in particular transport costs, travel costs, labour and material costs, as these costs arise from the Buyer bringing the delivery item to a location other than the place of performance. Please test the television before returning it. Each return will be tested by our technicians, and should your TV work properly with us (perhaps the fault was with your cable provider, the satellite provider, or a defective fuse), we will charge a €15 flat fee for postage and working time. Please do not return the mirror glass of a mirror TV or frame TV in any case, but only the TV. On request, we will send you a description of how to separate it from the mirror glass.
The limitation period according to § 438 Abs. 1 Nr. 3 BGB for warranty claims is 24 months. However, the statutory limitation period shall apply if we have caused the defect intentionally or through gross negligence or fraudulent misrepresentation or if claims for damages due to injury to body, health or life are affected. The same applies to binding guarantees unless otherwise stipulated in the guarantee. In the case of statutory limitation periods of more than two years, the statutory limitation period shall apply. The statutory limitation periods shall also apply to a right of recourse pursuant to § 478 BGB. The periods of limitation shall apply mutatis mutandis to damage caused by a defect and consequential damage caused by a defect.
The limitation period for corporate transactions for claims based on defects is 12 months. However, the statutory limitation period shall apply if we have caused the defect intentionally or through gross negligence or fraudulent misrepresentation or if claims for damages due to injury to body, health or life are affected.
Should subsequent performance fail despite two attempts, should this be impossible or unreasonable for the purchaser, or should we refuse subsequent performance, the purchaser may withdraw from the contract or demand a price reduction. Clause 12 shall apply to claims for damages and reimbursement of expenses.
Customer service: You can contact our customer service for questions, complaints and objections on weekdays from 8:00 a.m. to 5:00 p.m. at the telephone number +49 (0)6648-9178880 or by e-mail at info@mues-tec.de
9. Description of goods
A realistic idea of a mirror television is important. The television is located behind a reflecting surface, which can lead to reflections in the television image and cannot be completely avoided. Optimizing the influence of light reduces possible reflections. Mues- Tec uses high quality glass and bright LED screens for an optimal TV picture. We offer a wide range of mirrors & glasses specially developed for the use of a screen in combination with a mirror. The colour rendering of GL-1050 and GL-1070 glass is similar to that of chrome mirrors (also known as crystal mirrors). A glass sample ordered in advance and a detailed customer discussion with Mues-Tec guarantee your product satisfaction.
10. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are ready to participate in an out-of-court arbitration procedure before a consumer arbitration body. The responsible consumer arbitration body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de
12. Applicable right
German law applies exclusively. In the case of a consumer, this choice of law only applies insofar as it does not restrict any mandatory legal provisions of the state in which he has his residence or habitual abode.
Should any provision of these General Terms and Conditions or any provision of the contract be or become invalid, this shall not affect the validity of the remaining provisions or the contracts. In such a case, the buyer and we shall be obliged to agree on a valid provision in place of the invalid provision which comes as close as possible to the economic purpose of the invalid provision within the framework of what is legally permissible. Insofar as this is not possible, the statutory provisions shall apply in place of the invalid provisions.
13. Links to other websites
As far as we refer from our Internet offer to the web pages of third parties or link, we can take over no guarantee and liability for the correctness and/or completeness of contents and the data security of these Websites. As we have no influence on the compliance of third parties with data protection regulations, you should check the data protection declarations offered separately.