General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (LANGLITZ Metalle GmbH) via the www.metalxact.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

(3 ) Any terms and conditions of the customer that deviate from these GTC shall not apply unless the provider has expressly agreed to the deviating terms and conditions in writing.

(4) The following applies to entrepreneurs: The GTC also apply to future transactions between the parties within the framework of a permanent business relationship, even if the provider has not expressly referred to the inclusion of the GTC in individual cases when the purchase contract is concluded.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2 ) The supplier reserves the property rights and copyrights to the documents belonging to the offer (e.g. illustrations, drawings, cost estimates, construction documents, etc.).

(3) An offer from the supplier is subject to change.

(4 ) The product presentations in the online store at www.metalxact.com are not a legally binding offer, but a non-binding invitation to the customer to submit a purchase offer.

(5) The customer can initially select our products without obligation and collect them in a virtual shopping cart by clicking on "Add to cart". After clicking on the "Checkout" or "Continue to order" button (or a similar designation), customers with an existing account can log in with their e-mail address and password; new customers enter their data, whereby the mandatory fields are marked with an "*". After entering the address, payment and shipping information, the customer is taken to the order overview, where they can check their details again and change them if necessary. By clicking on the final order button ("Order with obligation to pay"), the customer automatically accepts the GTC and the cancellation policy and hereby submits a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart. Until the binding offer ("order") is sent, the customer can make changes at any time by calling up the "shopping cart" via the corresponding button in the navigation bar and making changes there or canceling the order process by closing the browser window.

(6 ) Every offer made by the customer, whether by placing an order in the online store, by telephone, by online contact form or by e-mail, is deemed to be a binding offer to conclude a purchase contract for the requested goods.

(7) The seller confirms receipt of the customer's order by sending an e-mail, which is referred to as an "order confirmation". However, this order confirmation does not constitute a binding acceptance of the order. The purchase contract is only concluded when the seller confirms the dispatch of the goods to the customer in a separate e-mail within 5 working days (e.g. by means of an order confirmation, pro forma invoice, invoice or request for payment) or when the goods are dispatched to the customer.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day after dispatch. If the seller does not accept the offer within this period, it is considered rejected. In this case, the customer is no longer bound by his declaration of intent.

(8 ) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§3Customized goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.

(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

§4 Terms of delivery

(1 ) The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

(2) If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold shall not pass to the customer until the goods have been handed over, even in the case of sale by dispatch. We bear the shipping risk for consumers.

(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. Delivery and shipment are therefore at the customer's risk.

(4) In principle, you have the option of collecting the goods from LANGLITZ Metalle GmbH, Siemensweg 6, 48493 Wettringen, Germany during the following business hours: Mon. - Thurs.: 08:00 - 15:00, Fri. 08:00 - 13:00

(5) We do not deliver to packing stations.

(6) The supplier is entitled to send the goods in partial deliveries if this is acceptable to the customer. If the partial delivery is arranged by the supplier, no additional shipping costs will be charged. Additional shipping costs will only be charged if the customer expressly requests a partial delivery.

(7) The supplier reserves the right to deliver deviations in quantity within customary tolerances (up to ± 10 %). Such deviations shall be invoiced at the agreed price.

(8) We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if we are not responsible for the non-delivery and we have concluded a specific covering transaction with our supplier with due care. We shall make every reasonable effort to procure the goods. If the goods are not available or only partially available, the customer will be informed immediately and the payment made will be refunded without delay.

(9) Should we be prevented from fulfilling our contractual obligations due to force majeure which was not foreseeable at the time of conclusion of the contract and for which we are not responsible - for example due to events such as strikes, natural disasters, unforeseen operational disruptions or unforeseeable shortages of raw materials - we shall be released from our obligation to perform for the duration of this disruption. In such a case, the agreed delivery periods shall be extended in accordance with the duration of the disruption. Both contracting parties retain their statutory right of withdrawal without this giving rise to a claim for damages against the other party. This shall also apply if the supplier is already in default of delivery and a case of force majeure occurs.

(10) If the supplier is in default with the delivery of the goods, the customer has the right to demand liquidated damages if he can prove that he has suffered damage as a result of the delay. This liquidated damages amount to 0.5% of the net price of the part of the delivery that cannot be used on time or in accordance with the contract due to the delay for each completed calendar week of delay. The total amount of compensation is limited to a maximum of 5% of the net price of the affected part of the delivery. The obligation to pay liquidated damages is subject to the customer proving that he has suffered damage, but not the amount of such damage. The supplier has the right to prove that the customer has suffered less damage or no damage at all.

(11) Claims of the customer for damages in the event of a delay in delivery, in particular for indirect damages, consequential damages, loss of profit or loss of production, are excluded. However, this provision shall not apply if the supplier acts with intent or gross negligence or if there is culpable injury to life, limb or health.

(12) Claims for damages by the customer which relate to a delay in delivery or which are asserted instead of performance and which go beyond the limits set out in Section 6 are also excluded, even if a deadline set for delivery has already expired.

(13) The customer may only withdraw from the purchase contract if the supplier is responsible for the delay in delivery. After reaching the maximum compensation for delay in accordance with Section 6, the customer must grant the supplier a reasonable period for delivery, which shall expire without result. However, this provision does not change the burden of proof to the detriment of the customer.

(14) At the request of the supplier, the customer is obliged to inform the supplier within a reasonable period of time whether he is withdrawing from the purchase contract due to the delay in delivery or insisting on delivery of the goods.

(15)Information on delivery by forwarding agent (does not apply to standard shipping):

The forwarding agent will contact you by telephone to arrange an appointment for delivery. For this purpose, we will provide the carrier with the telephone number you provided. If you cannot be reached at this number, please contact us immediately. Please allow a small time buffer in case the carrier is late. Delivery is made by truck and "free kerbside", i.e. to the nearest public kerbside at the delivery address, unless expressly agreed otherwise. It is at the discretion of the carrier's employee whether the goods are brought to the customer's front door. Normally, however, this is not a problem and the forwarding agent will also place the goods where the customer wishes.

Important note: Delivery by truck up to 40 tons must be possible! The recipient is responsible for unloading.

Delivery by forwarding agent is not possible if:

• The address is located in a traffic-calmed zone (play street).
• The access road is closed to vehicles over 40 tons.
• The road is narrower than 3.25 meters or is reduced to this width by obstacles such as parked vehicles or construction sites.
• The delivery address is in a cul-de-sac.

§ 5 Prices and terms of payment

(1) The prices stated in the respective offers are inclusive of all applicable taxes and do not include packaging and handling surcharges and shipping costs.

(2 ) The shipping costs incurred as well as the packaging and handling surcharge are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.

(3) If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

(4) Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

(5 ) The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

(6) Invoices shall be sent by e-mail on the day of dispatch at the latest.

§ 6 Special agreements on the payment methods offered

(1)Payment via "PayPal" / "PayPal Checkout"

If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2)Payment via "Mollie"

If you select a payment method that is offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").

The individual payment methods via "Mollie" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Mollie" may use other payment services to process payments; if special payment terms apply, you will be informed of these separately. You can find more information about "Mollie" at https://www.mollie.com/de.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

(a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;

- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§8 Further liability and compensation

(1) Application and product information is provided to the best of our knowledge and does not justify any claim for damages. The customer is responsible for checking the suitability of the goods.

(2 ) The supplier is liable for damages, regardless of the legal grounds:

- in the event of injury to life, limb or health

- in the event of intentional or grossly negligent breach of duty

- in the case of warranty promises, if agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

(3) Further claims for damages are excluded.

(4) The provider is not liable for the constant availability of his online store or for data networks and data lines to the computer center.

(5) The limitations of liability in section 8 apply accordingly to vicarious agents of the provider, but not to legal representatives and executives.

(6) For entrepreneurs, claims for damages arising from material defects or defects of title shall become time-barred 12 months after delivery, unless liability exists in accordance with 2.

(7) For consumers, such claims for damages shall become time-barred 24 months after delivery, unless there is liability in accordance with 2.

(8) The customer's rights of recourse against the supplier shall only exist within the scope of statutory claims, unless additional agreements have been made with customers. For recourse claims, costs that increase due to the transfer of the goods to another location are not to be borne by the supplier.

(9) The burden of proof in favor of the customer remains unaffected.

§ 9 Damage in transit

(1) The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

(2) The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

§10 Tolerances

(1) Our deliveries comply with the applicable DIN and European standards. Unless otherwise agreed, the cutting tolerances specified in the configurator and/or in the item description shall apply.

§ 11 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2 ) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II Customer information

1. identity of the seller

LANGLITZ Metalle GmbH

Siemensweg 6

48493 Wettringen

Wettringen, Germany

Telephone: 02557 92963-64

E-mail: info@metalxact.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3 Contract language, contract text storage

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 22.10.2024