General Terms and Conditions (GTC) of MG Optics GbR

GENERAL

All agreements are based on our “General Terms and Conditions”.
By placing an order, the buyer agrees to their validity.
Any deviating terms and conditions of the buyer shall only be binding for us if we expressly acknowledge them in writing.

DELIVERY AND DELAY IN DELIVERY

Delivery dates are only agreed subject to reservation.
If an agreed delivery deadline is nevertheless exceeded by more than 14 days, the buyer shall be entitled to withdraw from the contract after the expiry of a grace period of at least 7 days after receipt of the letter.
In the event of unforeseen events which we could not avert despite reasonable care in the circumstances of the case or which are beyond our control – e.g. strike, lockout, inability of suppliers to deliver, etc. – the delivery period shall be extended appropriately, even within a delay in delivery.
We reserve the right to deviate from our offers if these result from technical developments.

PRICES AND TERMS OF PAYMENT

Unless otherwise stated in the order confirmation, our prices are “ex warehouse”, excluding packaging; this will be invoiced separately.
The statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.
The deduction of a cash discount requires a special written agreement.
The statutory regulations concerning the consequences of default of payment shall apply.
The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
In addition, he is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

RESERVATION OF TITLE

We reserve title to the delivered goods and services until full payment of all claims arising or still arising from the business relationship with the buyer, regardless of their nature and legal basis.

In the case of a current account, the reserved title shall be deemed security for the balance claim.
If the buyer processes the goods delivered by us and still owned by us, we shall become co-owner of the newly created products in the ratio of the value of the goods delivered by us to the third-party goods shipped.

If the goods delivered by us are mixed or combined with other items, the buyer hereby assigns his ownership or co-ownership rights to the mixed stock or the new item and shall store it for us free of charge with the necessary care.

The purchaser is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default.
Pledges and transfers by way of security are not permitted.
The seller hereby assigns to us in full by way of security any claims arising from the resale or any other legal grounds (insurance/illicit act) in respect of the reserved goods (including all current account balance claims).
We revocably authorize the buyer to collect the claims assigned to us for our account in his own name.

The direct debit authorization can only be revoked if the buyer has not properly met his payment obligations.
In the event of seizure of the reserved goods by third parties, the purchaser shall draw attention to our ownership and inform us immediately.
The buyer must ward off access by third parties.

In the event of default of payment – in particular after dishonouring of cheques – we shall be entitled, after assertion of the retention of title, to take possession of the goods subject to retention of title by entering the business premises by authorized representatives who must identify themselves accordingly, without the existence of corresponding court titles or authorizations.
The buyer shall bear the full costs of removal.

If a check is not cashed, the buyer undertakes to return the remaining goods to us at his own expense and risk at our request.
If we take back or seize the goods subject to retention of title, this shall not constitute a withdrawal from the contract, unless the German Instalment Purchase Act applies.
If the value of the retained securities exceeds 25%, we shall release securities of our choice at the buyer’s request.
The buyer shall bear the burden of proof that the retained securities exceed 25%.

SELECTION ITEMS

Goods handed over to the customer at his request shall be deemed to have been firmly accepted for purchase if and insofar as we do not receive them back within the period specified or agreed in the accompanying documents or selection delivery note/invoice.
As a matter of principle, consignments for selection shall be deemed to have been firmly accepted if 3 weeks have elapsed since the goods were dispatched.
Without our prior written consent, the recipient may not hand over our selections to third parties on consignment.

If defective returned selection frames (missing original packaging or missing support lenses etc.) can no longer be made saleable because the corresponding expenses exceed the value of the frames, we shall be entitled to claim compensation from the recipient of the selections, including loss of profit.
When returning selection consignments, the recipient “shall bear the risk of loss and damage through no fault of his own.

WARRANTY

If the delivered goods are defective or lack warranted characteristics, we shall, at our discretion, either replace or repair the goods to the exclusion of any further warranty claims by the buyer.
In the case of obvious defects, this shall only apply if we are notified of these in writing within 8 days of receipt of the goods.

We shall be liable for hidden defects as before if we are notified of these immediately after discovery and the delivery was made no more than 6 months previously.
In the event of final failure of subsequent delivery or rectification, the buyer may withdraw from the contract.

SHIPPING

Shipping/delivery is always carried out on behalf of and for the account of the customer.
We charge postage and packaging at our cost price.
All our deliveries are insured by us against theft and loss.

LIABILITY

We shall only be liable for damages – regardless of the legal grounds – if they are caused intentionally or through gross negligence by our legal representatives or vicarious agents.

PLACE OF PERFORMANCE AND JURISDICTION

Unless otherwise stated in the order confirmation, our registered office shall be the place of jurisdiction and place of performance.
However, we are also entitled to file suit at the court of the customer’s place of business or residence.

DATA PROTECTION

The data collected in connection with the contractual relationship between you and us will be stored by us for the purpose of data processing.