General standard terms and conditions

General Terms and Conditions created via the generator of Deutsche Anwaltshotline AG

Contractual Partner

On the basis of these General Terms and Conditions (GTC) a contract is concluded between the customer and
Nextcommerce GbR
among others represented by Felix Pankoke
Address: Augustdorfer Str. 54, 33758 Schloß Holte- Stukenbrock
Tel: 05207/9256959
E-mail address: info@matnext.de
hereinafter referred to as the provider, the contract is concluded.

Subject matter of the contract

This contract regulates the sale of new goods through the online store of the provider. Because of the details of the respective offer is referred to the product description of the offer page.

Conclusion of the contract

The contract is concluded exclusively in electronic business transactions via the store system. In this context, the presented offers represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.

The ordering process for the conclusion of the contract includes the following steps in the store system:
Selection of the offer in the desired specification (size, color, quantity)
Placing the offer in the shopping cart
Pressing the ‘order’ button
Entering the billing and delivery address
Selection of the payment method
Checking and processing of the order and all entries
Pressing the button ‘order with costs
Confirmation e-mail that the order has been received
With the sending of the order confirmation the contract is concluded.

Contract duration

The contract is concluded for an indefinite period.

Reservations

The provider reserves the right not to provide the promised service in case of unavailability.
Prices, shipping costs, return costs
All prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is sent. If a right of revocation exists and is used, the customer bears the costs of the return.

Terms of payment

The customer has only the following options for payment: advance bank transfer, direct debit, payment service provider (PayPal, Stripe) and invoice. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred to the account indicated on the invoice after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. If a trustee service/payment service provider is used, the trustee service/payment service provider enables the provider and the customer to process the payment among each other. In doing so, the escrow service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective escrow service/payment service provider. The customer is obliged to pay or transfer the amount shown on the invoice to the account specified on the invoice within 7 days of receipt. The payment is due from the date of the invoice without deduction. After expiration of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally determined.

Terms of delivery

The goods will be shipped immediately after confirmed receipt of payment. The shipment takes place on average after 2 days at the latest. The entrepreneur undertakes to deliver on the 7th day after receipt of order. The standard delivery time is 3 days, unless otherwise stated in the item description. The supplier sends the order from its own warehouse as soon as the entire order is in stock there. The customer will be informed about delays immediately. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by own suppliers, although a corresponding covering transaction was made in time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and received services, especially payments, will be refunded.
Warranty

Consumers are entitled to a legal warranty right for the offered services according to the relevant regulations of the German Civil Code (BGB). If this is deviated from, the warranty is governed by the relevant provisions in the General Terms and Conditions (GTC). The supplier is granted the right to choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent. In all other respects, the statutory provisions shall apply.

Contract design

If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods with the handover, in the case of shipping with the delivery of the goods to the selected service provider for this to the customer. The contract text is stored by the provider. The customer has no possibility to access the stored contract text directly. The customer can correct errors in the input during the ordering process. For this purpose, he can proceed as follows: The customer can jump back at any time in the ordering process and correct errors. If, however, an error occurs and the order has already been sent, the customer can contact us and we will correct as desired.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Pankoke, Felix and Hellmich, Michael GbR, Augustdorfer Str. 54, 33758 Schloss Holte, Tel: 05207 9256959, info@matnext.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, but it is not mandatory.
Important: Custom-made products are excluded from the right of withdrawal.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back).
To [here the name, address and if necessary the fax number and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of the cancellation policy

Disclaimer

Claims for damages by the customer are excluded, unless otherwise stated in the following. This also applies to the representative and vicarious agents of the provider, if the customer raises claims for damages against them. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent.

Prohibition of assignment and pledge

Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in Englisch. The further execution of the contractual relationship shall be English. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any legal provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

Severability clause

The invalidity of any provision of these GTC shall not affect the validity of the other provisions.