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Terms of service

1 Subject matter of the contract and scope of application 

  • 1.1 POLAR Cutting Technologies GmbH, Hattersheimer Str. 16-42, 65719 Hofheim, Germany, (hereinafter “MOHR” or “we”) telephone: +49 (0) 6192 204-0, FAX: +49 (0) 6192 22193, email: info@mohr-postpress.com, offers commercial users (hereinafter “Users”) the opportunity to use the online store available at https://mohr-shop.com free of charge (hereinafter “Online Shop”). The use of the Online Shop is subject to the provisions of these General Terms and Conditions. 
  • 1.2 The Online Shop, in particular the customer account intended only for registered Users, is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). An entrepreneur within the meaning of Section 14 (1) BGB is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract. The content of the online store is expressly not aimed at consumers. 
  • 1.3 The business relationship between MOHR and the user is governed exclusively by these General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the user shall not be recognized unless MOHR expressly agrees to their validity in writing.
  • 1.4 The user has the option of accessing and saving the General Terms and Conditions at any time, both in the publicly accessible area and in the customer account. MOHR does not store the text of the contract separately. 

2 Customer account 

  • 2.1 The order can be completed by the user registering or ordering as a guest and entering the necessary details. 
  • 2.2 The user has the option of registering and thus creating a customer account (hereinafter “account”). In detail: 
  • 2.2.1 Users who are entrepreneurs within the meaning of Section 1.2 of these General Terms and Conditions can register via the registration process offered. Registration is free of charge. 
  • 2.2.2 The user registers by creating an account. To create an account, it is necessary to provide the mandatory information requested in the registration form. The mandatory information is marked as such with an “*”. The user must also choose a user name and password, which they must enter each time they log in to their account in the future (hereinafter “access data”). After sending the registration data, the user must first confirm his registration by clicking on a link sent by e-mail using the so-called double opt-in procedure. Registration is only completed successfully once the user has confirmed the link
  • 2.2.3 As part of the registration process, the user has the option of correcting their details at any time before the data is sent. 2.2.4 The user can change and/or correct their data at any time under the heading “My account”. 
  • 2.3 The user is entitled to terminate the user relationship at any time and without giving reasons to MOHR by deleting their account. However, this does not affect contracts that have already been concluded. 
  • 2.4 Deletion and blocking of the account by MOHR 
  • 2.4.1 MOHR is entitled to block or delete the user's account at any time. MOHR will exercise this right in particular if the user is in breach of these General Terms and Conditions. 
  • 2.4.2 In the event of minor breaches of duty or suspected misuse, MOHR will initially block the account. If the account is blocked, the user will temporarily (usually until the breach of duty has been rectified) no longer have access to their account. 
  • 2.4.3 In the event of a material breach of duty, MOHR may delete the account immediately after becoming aware of the breach of duty. If the account is deleted, this means the permanent removal of the account and the data contained therein, without the user being granted renewed access. 
  • 2.5 The user also has the option of contacting MOHR via the contact form, using the search function and/or reading and commenting on blog posts.

3 Conclusion of contract 

  • 3.1 The presentation of the products in the online store does not constitute a legally binding offer. It is merely a non-binding online catalog. The availability of the goods and their delivery time can be found in the information on the respective article and in Section 8.3 of these 
  • GTC. 3.2 If the user places the selected product(s) in the shopping cart and completes the process by clicking on the button “order for a fee”, the user submits a binding offer to purchase the product(s) in the shopping cart. The offer can only be submitted and transmitted if the user first accepts these General Terms and Conditions by ticking the appropriate box. 
  • 3.3 After receiving the offer, MOHR sends the user an automatic confirmation of receipt of the order by email. The user's order is listed again in the confirmation. The automatic confirmation of receipt of the order only documents receipt of the order and does not constitute acceptance of the offer. 
  • 3.4 The contract is only concluded when the offer is accepted separately by e-mail (“order confirmation”). The order confirmation contains information on when the goods will be dispatched to the user as well as the expected delivery date and an invoice (PDF format) as an attachment.
  • 3.5 The contract shall be concluded in German. 
  • 3.6 If, contrary to the information provided in the online store, an item ordered by the user is temporarily or permanently unavailable, MOHR shall inform the user of this immediately and refuse to conclude the contract. In this case, a contract shall not be concluded. MOHR will refund any payments already made by the user. 

4 Provision 

4.1 The use of the Online Shop requires the use of a suitable web browser and end device. The online store may not be available for certain web browsers and end devices for technical reasons. The user alone is responsible for the compatibility of the web browser and end device. 
4.2 In order to use the Online Shop, the user's end device must have a functioning Internet connection. In this respect, MOHR only guarantees that the Online Shop is regularly functional up to the transfer point of MOHR's own data communication network to the Internet. 
4.3 MOHR shall endeavor to make the Online Shop available on a permanent basis as far as possible. However, the user has no right to expect the Online Shop to be available at all times. In particular, the use of the Online Shop may be restricted or even impossible at short notice for technical and/or operational reasons. In the event of a failure, MOHR will make reasonable efforts to restore availability. 
4.4 MOHR is entitled at any time and without prior notice to change individual functions and/or services as well as the operation of the Online Shop itself and/or to temporarily or permanently discontinue them. 
4.5 The user is not entitled to maintenance and/or support. The provision of voluntary maintenance and support services is at the discretion of MOHR.


5 Retention of title

The delivered goods remain the property of MOHR until full payment has been made 


6 Obligations of the user

6.1 The user may only use the Online Shop for the purposes stated and in compliance with these General Terms and Conditions. 
6.2 The user is obliged to refrain from any action contrary to the provisions of these General Terms and Conditions, in particular the systematic reuse or systematic extraction of content (e.g. evaluating and copying the source code and saving and copying product photos) is not permitted.
6.3 The user must ensure that the access data for his account is treated as strictly confidential and is not disclosed to unauthorized persons. The user is responsible for all actions taken using his/her account. The user must inform MOHR immediately of any breach of security or unauthorized use of their account.
6.4 The User is responsible for complying with the statutory provisions when visiting the Online Shop. In particular, when using the Online Shop, the User may not (i) violate common decency with its usage behavior, in particular disseminate content that is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, offensive, discriminatory, illegal, or that could constitute or encourage behavior that would be considered a criminal offense, (ii) violate industrial property rights and copyrights or other property rights, (iii) transmit content with viruses, so-called Trojan horses or other programs that could damage software or the Online Shop (hereinafter “Malware”). Trojan horses or other programming that could damage software or the online store (hereinafter referred to as “malware”), or (iv) distribute advertising, unsolicited e-mails (spam), inaccurate warnings of viruses, malfunctions and the like or encourage participation in competitions, snowball systems and similar actions. Furthermore, any actions that are likely to (i) cause an excessive load on the Online Shop or otherwise impair or manipulate the functionality of the Online Shop's infrastructure or (ii) jeopardize the integrity, stability or availability of the Online Shop must be refrained from.

7 Rights of use 

7.1 In relation to the user, MOHR holds all usage and exploitation rights to all documents, e.g. product brochures and presentations, photos, videos, texts and documentation, and other protectable content that is and will be posted in the Online Shop (hereinafter: “Content”). 
7.2 Any use of this content or parts thereof requires separate licensing by MOHR, insofar as the use goes beyond (i) the mere viewing when accessing the Online Shop, (ii) the downloading of content provided for this purpose. In this respect, MOHR grants the user a simple, spatially unlimited, non-transferable right of use for the duration of the user relationship to use, execute, reproduce and display the downloadable content, in particular product information, as intended and exclusively for their own purposes. 
7.3 If necessary, the user's consent to separate terms of use deviating from the above provisions shall be requested and recorded before certain content is downloaded. 7.4 If the content provided is software, the permitted use is limited to running the downloaded software as intended, subject to separate agreements to the contrary.
8 Prices, shipping costs, delivery time, payment, payment methods 
8.1 All prices quoted in the online store are net prices. The applicable sales tax and shipping costs will be added. 
8.2 The amount of the shipping costs depends on the size of the order, the weight of the goods and the packaging units. More details on this: [Link to table]. The goods are usually shipped by post (“TNT”). 
8.3 The product-related delivery time can be found in the information on the respective article and begins to run upon receipt of the order confirmation by the user. 
8.4 Payment can be made either by credit card or PayPal. Processing takes place via Novalnet. Within Germany, purchase on account is also possible. 
8.5 If payment is made by credit card, the credit card will be debited immediately after the credit card details have been transmitted. 
8.6 When paying via the online provider PayPal, the user must be registered there, legitimize himself with his access data and confirm the payment instruction to MOHR. 
8.7 In the case of payment in advance and in the case of a purchase on account, fees may be charged by the user's bank (transfer fee). 
8.8 Once payment has been received, MOHR will send the user an automatic confirmation of receipt of payment by email. 
8.9 If the user makes a bank transfer before the order is confirmed, this does not constitute a contractual relationship and, in particular, does not constitute an obligation to pay.

9 Term and termination 

9.1 The user relationship for the use of the public area of the online store begins when the user accesses the online store and ends when the user leaves the online store. 
9.2 If an account is created, the user relationship begins with the successful completion of the user's registration and runs for an indefinite period. It ends at the latest when the user deletes their account, the account is deleted by MOHR or MOHR discontinues the service. 

10 Warranty and liability 

10.1 Online Shop 
10.1.1 The Online Shop is provided free of charge by MOHR. MOHR assumes no warranty and is liable to the extent provided by law. 
10.1.2 In particular, MOHR is not liable for the loss of data, system errors or other malfunctions in connection with the use of the Online Shop. 
10.2 Purchase of goods 
10.2.1 MOHR is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty obligation is limited to 12 months. § Section 377 HGB applies. 
10.2.2 MOHR has unlimited liability in the following cases: 10.2.2.1 for damages, compensation for expenses and compensation for lost value resulting from intentional or grossly negligent behavior. This also applies to intentional or grossly negligent behavior on the part of legal representatives or vicarious agents, 10.2.2.2 for damages, reimbursement of expenses and compensation for loss of value resulting from injury to life, limb or health caused by negligent conduct. This also applies to the conduct of legal representatives or vicarious agents. 
10.2.3 MOHR is liable to the extent of an expressly assumed guarantee, 10.2.4 The provisions of the Product Liability Act remain unaffected. 10.2.5 Otherwise, MOHR shall only be liable for damages, expenses and compensation due to the breach of a cardinal obligation, i.e. an obligation that is essential for the fulfillment of the contract and on the observance of which the user could justifiably rely, limited to the typically foreseeable damage. 

11. data protection Information on the processing of personal data by MOHR in the context of the use of the online store can be found in the separate data protection declaration. 

12. final provisions 

12.1 These General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 The place of jurisdiction for all disputes arising from and in connection with these General Terms and Conditions is the registered office of MOHR. 
12.3 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. They shall be replaced by the law. If statutory law is not available in the respective case due to a loophole or would lead to an unacceptable result, the parties shall enter into negotiations to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. 
Status: February 2023
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