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Terms and Conditions


§ 1 General


a) Scope
These terms and conditions apply to all business relations between

 

FILTER MÜLLER 
Reinhard Beautiful 
Motzener Straße 7 
12277 Berlin


(Hereinafter called MULLER FILTER)

 

and its clients in force at the time of conclusion of contract. The customer Conflicting General Terms and Conditions are hereby expressly excluded. b) contract agreement contract language is German.




c) the contract at the registered office

Offers by FILTER MÜLLER at the registered office are not-binding and without obligation. This also applies if the FILTER-MÜLLER the customer catalogs, technical documentation (eg drawings, plans, calculations, references to DIN standards), other product or documents - has left at which MULLER FILTER property - including in electronic form copyrights and reserves. At the office of the contract is formed by individual application and the related assumption. The contract can be written or oral.


d) Contracting on the online shop
The range shown on the internet store FILTERMODE-MÜLLER is non-binding and without obligation. When ordering via the internet shop is the ordering process from six steps. In the first step, the customer selects the desired goods. In the second step, he enters his information, including billing address and, if different delivery address. In the third step, he selects the shipping method before it decides on the fourth step for a shipping method. In the fifth step, he selects the payment method. In the last step, the customer has the opportunity to all information (eg, name, address, payment method items) to check again and possibly entry mistakes corrected before confirming the order by clicking on the "Buy" button. The customer makes a binding offer of contract order. FILTER MÜLLER will confirm receipt of the order immediately. The confirmation of receipt does not constitute binding acceptance of the order dar FILTER MÜLLER is entitled to accept the contractual offer in the order binding within two days of receipt of the order by e-mail, fax, telephone, mail or by delivering the goods. With the acceptance of a contract between FILTER MÜLLER and the customer comes into existence. e) Storage of the contract text when the contract is concluded in the online shop text of the contract FILTER MÜLLER is saved and the customer after submitting his order, together with these terms and conditions and customer information in writing (eg e Email, fax or post send to you). However, the Treaty text may no longer be available on the website of the seller by the customer after dispatch of the order. The customer can print, the web page with the text of the contract using the print function of the browser.  § 2 Delivery






a) delivery time

Delivery times will be agreed between the customer and FILTER MÜLLER. The agreed delivery period begins with the dispatch of the order confirmation by FILTER MÜLLER. However, this does not before receipt of the required documents to be provided by the customer (eg, permits, approvals) and not before the receipt of a deposit at FILTER MÜLLER, insofar as such has been agreed in advance with FILTER MÜLLER.


b ) Partial deliveries
FILTER MÜLLER is entitled to make partial deliveries if it is reasonable for the customer. However, in the case of delivery by the customer at no additional shipping costs. c ) Delivery and service delays delivery and performance delays are due to force majeure and due to unusual and unforeseeable events which can not be prevented by extreme care FILTERMODE-MÜLLER (this in particular strikes, official or court orders and cases of incorrect or improper self-supply despite pertinent hedging transaction), FILTER MÜLLER is not responsible. They entitle FILTER MÜLLER to the supply to shift the duration of the disabling event. d ) Withdrawal In case of unavailability of the reasons mentioned above can FILTER MÜLLER withdraw from the contract. FILTER MÜLLER committed thereby to inform the customer immediately about the unavailability and to reimburse etwaig already paid without delay. This does not affect the statutory cancellation and termination rights FILTERMODE-MÜLLER. e ) Exclusion of delivery post office box numbers are not supplied. f ) default of acceptance If the customer acceptance of the ordered goods in default FILTER MÜLLER is after a reasonable grace period, from the contract and to claim damages for delay or for non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or accidental deterioration. This does not apply in the event that the Purchaser exercises by the non-acceptance of the goods to be statutory right of withdrawal. § 3 Payment a) Prices and shipping costs to consumers All prices include VAT and plus the cost of shipping and handling, unless collected by the Customer will be agreed at the registered office of FILTER MÜLLER in Berlin.















 

b) Prices and shipping costs to entrepreneurs

If the customer is an entrepreneur, all prices are exclusive of value added tax and plus the cost of shipping and handling, unless pickup is agreed by the customer to the business of FILTER MÜLLER in Berlin. 

 

c) Prices for special

Prices of products will be charged at cost and the customer previously notified in writing to confirm. As a special apply to customer custom made sizes, tailored to the customers goods and individual designs, which are made by FILTER MÜLLER. d ) Late payment If in a particular case otherwise agreed, the customer is in default of payment, if payment is not received within two weeks after receipt of the invoice by FILTER MÜLLER. In case of default interest in the amount of 5 percentage points are calculated on the base rate of the European Central Bank, and 8 percentage points above the base rate of the European Central Bank, with legal transactions with a consumer is not involved. If the customer is in arrears with its payments, then FILTER MULLER reserves the right to charge late fees in the amount of 2.50 Euros. The assertion of any further damages remains unaffected. The customer remains the possibility to prove that FILTER MÜLLER has suffered no or only minor damage. e ) lien The right of retention is the customer only for such counter-claims that are due and are based on the same legal relationship as the obligation of the customer. § 4 Kostentragungsvereinbarung with revocation Exercise your right to cancel, you have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 € or at a higher if the price have not yet made the thing at the time of cancellation, the return or a contractually agreed partial payment. Otherwise the return is free for you. § 5 Right of withdrawal in distance contracts Revocation  Withdrawal You may cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods is delivered before the deadline - by returning the item back. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:















 

FILTER MÜLLER 
Reinhard Beautiful 
Motzener Straße 7 
12277 Berlin

 

Tel: 030 606 8888 
Fax: 030 606 8640 
E-mail: info@filter-mueller.de


Consequences of revocation
In case of an effective cancellation the mutually received benefits and any benefits (eg interest) surrendered. If you can not or in part, or only return them in a deteriorated condition give us the performance received and benefits (eg benefits of use), you have to pay us compensation. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond testing the properties and functioning. By "testing the properties and functioning" refers to testing and trying out the goods, as it is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods ordered and corresponds to the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

- End of cancellation -

Exclusion of right of withdrawal
The right of revocation does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed.  § 6 Retention of title


a) General

If the customer is an entrepreneur, the goods, works and materials provided by FILTER MÜLLER remain from the business owned by FILTER MÜLLER until full settlement of all present and future claims. With consumers remains only the product supplied from the concrete contract until full payment of the purchase price of the property FILTER MÜLLER. The customer shall treat the subject to retention of title at any time with care. The principal shall assign a claim or replacement, which he received for the damage, destruction or loss of these things, to FILTER-MÜLLER. Breach of contract by the customer, especially in case of default, the FILTER MÜLLER is entitled to repossess the goods. This withdrawal of the goods constitutes a withdrawal from the contract.

 

b) extended retention of title to entrepreneurs

The customer, if he is an entrepreneur, authorized the under retention of title goods to resell and / or process. The retention of title then extends to the products resulting from the processing, mixing or combination. If during processing, mixing or combining with third parties' rights should exist, acquires MULLER FILTER, in proportion to the invoice value of the processed, mixed or combined goods. The resulting from the resale of the goods or products claims against third parties, the customer already now by way of assignment in advance to FILTER-MÜLLER from. FILTER MÜLLER explained now accept such an assignment. To collect a corresponding requirement of the customer in addition to FILTER-MÜLLER remains authorized. FILTER MÜLLER undertakes not to collect the claim as long as the buyer meets his payment obligations, is not in default and no application has been made for the opening of insolvency proceedings.

 

c) seizure and otherwise impairments in extended retention of title

If the standing under the extended reservation of thing seized or otherwise affected by a third party, the customer FILTER Muller has to be informed immediately so that an action pursuant. § 771 ZPO can be taken. If the third party is unable to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss FILTER MÜLLER incurred.

 

d) release of collateral for extended retention of title

If the value of the collateral the value of the secured claims by more than 10 percent, FILTER MÜLLER is committed to the customer's request, to release securities.


§ 7 Warranty

a) warranty
A warranty claim can only arise with regard to the qualities of the goods, reasonable variations in the aesthetic qualities of the goods do not fall under the warranty. b) Passing of Risk The risk of accidental loss or deterioration of the goods sold will only be with the handover of the goods transferred to the customer.


c) Communication
IF the customer that the outer package arrives damaged with him or any damage is found after receiving the goods, asks FILTER MÜLLER customers not to share this. However, there is neither a duty to make such a statement, nor be affected by a failure to communicate the warranty rights of the consumer. d) subsequent performance if the goods are defective, the customer can demand performance in the form of repair or replacement. If deficiencies are not corrected even after a second attempt at repair, the customer is entitled to a withdrawal or reduction. e) Rights on a minor defect In the presence of only insignificant defect available to the customer to the exclusion of the right of rescission only the right to adequate reduction of the purchase price. f) damages for defects for damages that are caused by improper handling or use of the goods is not guaranteed. Damages for defects in the goods does FILTER MÜLLER only in cases of intent or gross negligence. This exclusion does not apply to liability for damages arising from injury to life, body or health. The provisions of the Product Liability Act shall remain the liability unaffected. g) Warranty for entrepreneurs towards entrepreneurs apply, notwithstanding the statutory warranty provisions, the following provisions: In the event of a defect FILTER MÜLLER its own choice, the performance in the form of remedy or replacement delivery. In this case, the substance, the risk of accidental loss or deterioration is already associated with delivery of the Transport specific person. Warranty claims expire within one year after such specific risk. h) Duty to give notice of entrepreneurs Entrepreneurs have apparent deficiencies in writing, otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The company bears the burden of proof for all claims, in particular for the defect itself, the time of discovery of the defect and for the timeliness of the complaint.
















§ 8 of performance as with entrepreneurs

If the customer is an entrepreneur, is at an effective withdrawal is the place of business of FILTER MÜLLER in Berlin agreed.


§ 9 Liability

a) Disclaimer
FILTER MÜLLER and their legal representatives and vicarious agents shall be liable please visit the following reservation only for intent or gross negligence. In cases of slight negligence, the liability relates only to the violation of essential contractual obligations, hence such obligations, the fulfillment of the purpose of the contract is of particular importance. The liability to the foreseeable, contract-typical, direct average damage is limited.For customers who are not consumers, FILTER MÜLLER liable in case of a grossly negligent violation of non-essential contractual obligations only to the extent of the foreseeable, contractually typical direct average damage.b) Disclaimer of Liability The above disclaimer does not apply to liability for damages arising from injury to life , body or health. The provisions of the Product Liability Act shall remain the liability unaffected. § 10 Final Provisions a) jurisdiction the registered office of FILTER MÜLLER in Berlin is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if the customer is a merchant, a legal entity under public law or public law special fund, or where the customer has no jurisdiction in the Federal Republic of Germany. b) Choice of Law Unless otherwise provided by mandatory statutory provisions of the national law of the customer, German law applies excluding the UN sales law as agreed. ) Severability c The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions.