General Terms and Conditions
1. Subject matter and scope of the contract
1.1 Adolf Mohr Maschinenfabrik GmbH & Co.KG, Hattersheimer Str. 16-42, 65719 Hofheim,(hereinafter referred to as "MOHR" or "We")Telephone: +49 (0) 6192 204-0, Fax: +49 (0) 6192 22193, Email: email@example.com, offers commercial users (hereinafter referred to as "User") the free use of the Online Shop available at https://mohr-shop.com (hereinafter referred to as "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 in the sense of Section 14 BGB (German Civil Code). Entrepreneur in the sense of Section 14(1) BGB is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding the contract. The content of the Online Shop 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 conditions of the User will not be accepted unless MOHR expressly agrees to their validity in writing.
1.4 The User has the possibility at any time to retrieve and save the General Terms and Conditions both in the publicly accessible account and in the customer account. MOHR will not store the text of the contract separately.
2. Customer account
2.1 The order can be completed by the User registering, or by ordering as a guest and providing the necessary information.
2.2 The User has the possibility to register and thus create a customer account (hereinafter referred to as "Account"). In detail:
2.2.1 Users who are entrepreneurs within the meaning of point 1.2 of these General Terms and Conditions can register using the registration process offered. Registration is free of charge.
2.2.2 The registration of the User is done by creating an Account. In order to create the Account, it is necessary to provide the mandatory information requested in the registration document. The mandatory details are marked with an "*". The User must also choose a user name and password, which the User must provide each time they log in to their Account in the future (hereinafter referred to as "Access Data"). After sending the registration data, the User must first confirm their registration by clicking on a link sent by e-mail, using the double opt-in procedure. Only when the User confirms the link is registration successfully completed.
2.2.3 As part of the registration process, the User has the opportunity to correct their data 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 already 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 there is a violation of these General Terms and Conditions on the part of the User.
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 is remedied) 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 it contains without the User being able to access it again.
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 entries.
3. Conclusion of contract
3.1 The presentation of the products in the Online Shop does not represent a legally binding offer. This is merely a non-binding online catalogue. The availability of the goods and their delivery time are shown in the information on the respective article as well as point 8.3 of these General Terms and Conditions.
3.2 If the User places the product(s) they select in the shopping basket and completes the process by clicking the button "Confirm order", the User makes a binding offer to purchase the product(s) in the shopping basket. The offer can only be submitted and transmitted if the User accepts these General Terms and Conditions beforehand by ticking the appropriate box.
3.3 After receiving the offer, MOHR will send the User an automatic confirmation of receipt of the order by e-mail. In the confirmation, the User's order is listed again. The automatic confirmation of receipt of the order only documents the receipt of the order and does not constitute an acceptance of the offer.
3.4 The contract shall only come into effect through the separate acceptance of the offer by e-mail ("order confirmation"). The order confirmation contains the information when the goods will be shipped to the User, the expected delivery date and an invoice (PDF format) as an attachment.
3.6 If an article ordered by the User is temporarily or permanently unavailable contrary to the information provided in the Online Shop, MOHR will inform the User immediately and refuse to conclude the contract. In this case a contract does not come into existence. MOHR will refund any payments already made by the User.
4.1 The use of the Online Shop requires the use of a suitable web browser and terminal. For certain web browsers and terminals, the Online Shop may not be offered for technical reasons. The User alone is responsible for the compatibility of the web browser and terminal.
4.2 To use the Online Shop, the User's terminal must have a functioning Internet connection. In this respect, MOHR only guarantees that the Online Shop is regularly functional only up to the point of transfer of its own data communication network to the Internet operated by MOHR.
4.3 MOHR makes every effort to make the Online Shop permanently available as far as possible. However, the User has no claim to the availability of the Online Shop at any time. In particular, the use of the Online Shop may be restricted or in some cases not possible even at short notice due to technical and/or operational reasons. In the event of failure, MOHR will make reasonable efforts to restore availability.
4.4 MOHR is entitled at any time and without prior notice to change and/or temporarily or permanently suspend individual functions and/or services as well as the operation of the Online Shop itself.
4.5 The User has no claim to maintenance and/or support. The provision of voluntary maintenance and support services is at MOHR's discretion.
5. Retention of title
The delivered goods remain the property of MOHR until payment has been made in full.
6. Duties of the User
6.1 The User may use the Online Shop exclusively for the purposes mentioned and in compliance with these General Terms and Conditions.
6.2 The User is obligated to refrain from any action contrary to the provisions of these General Terms and Conditions, in particular, systematic reuse or systematic extraction of content (e.g. evaluating and copying the source code and saving and copying the product photos) is not permitted.
6.3 The User must ensure that the Access Data for their Account is kept strictly confidential and not disclosed to unauthorised persons. The User is responsible for all actions taken using their Account. The User must inform MOHR immediately of any breach of security or unauthorised use of their Account.
6.4 The User is responsible for compliance with the legal regulations when visiting the Online Shop. When using the Online Shop, the User may not (i) offend common decency with their usage behaviour, in particular not (ii) distribute content which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, insulting, discriminatory, illegal, or which could constitute or encourage behaviour which would be considered a criminal offence, (iii) violate industrial property rights and copyrights or other property rights, (iv) distribute content containing viruses, such as Trojan horses or other programming that could damage software or the Online Shop (hereinafter referred to as "Malware"), or (iv) distribute advertising, unsolicited e-mails (spam), false warnings of viruses, malfunctions and the like or request participation in competitions, snowball systems and similar actions. Furthermore, any actions that might (i) cause an excessive load on the Online Shop or impair or manipulate the functionality of the infrastructure of the Online Shop in any other way or (ii) endanger the integrity, stability or availability of the Online Shop must be ceased.
7. Rights of use
7.1 MOHR holds all right of use and exploitation, in relation to the User, to all documents, e.g. product brochures and presentations, photos, videos, texts and documentations, and other protectable contents, which are and will be published in the Online Shop (hereinafter referred to as "Content").
7.2 Any use of this Content or parts thereof requires a separate licence from MOHR, provided that the use extends beyond (i) the mere viewing when accessing the Online Shop, (ii) the downloading of Content provided for this purpose. MOHR therefore grants the User a simple, spatially unlimited, non-transferable right of use for the duration of the User relationship to use, execute, copy and display the downloadable contents, in particular product information, in accordance with their intended purpose and exclusively for their own purposes.
7.4 If the Content provided is software, the permitted use is limited to the intended use of the downloaded software, unless otherwise agreed.
8. Prices, shipping costs, delivery time, payment, terms of payment
8.1 All prices mentioned in the Online Shop are net prices. In addition, the respectively applicable value added tax and shipping costs are to 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. For more details: Payment, payment methods & shipping. The goods are usually shipped by mail ("TNT").
8.3 The product-related delivery time can be taken from the information on the respective article and begins on receipt of the order confirmation by the User.
8.4 Payment can be made either by advance payment, instant bank transfer, credit card or PayPal. The transaction is processed via Novalnet. Within Germany a purchase on account is also possible.
8.5 When paying by credit card, the credit card will be charged immediately after transmission of the credit card data.
8.6 When paying via the online provider PayPal, the User must be registered there, log in with their Access Data, and confirm the payment order to MOHR.
8.7 In case of payment in advance and in case of purchase on account, fees of the User's bank may apply (transfer fee).
8.8 Once payment has been received, MOHR will send the User an automatic confirmation of receipt of payment by e-mail.
8.9 If the User makes a bank transfer prior to confirmation of the order, this does not constitute a contractual relationship and in particular does not create any obligation on the part of MOHR to accept the User's offer.
9. Term and termination
9.1 The User relationship for the use of the public area of the Online Shop begins on accessing the Online Shop and ends on leaving the Online Shop.
9.2 If an Account is created, the User relationship begins upon successful completion of the User's registration and runs for an indefinite period of time. 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 provides no warranty and is liable to the extent provided by law.
10.1.2 MOHR is in particular 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 statutory provisions applicable for this purpose, in particular Sections 434 et seqq. BGB. The warranty obligation is limited to 12 months. Section 377 HGB (German Commercial Code) applies.
10.2.2 MOHR is liable without limitation in the following cases:
10.2.2.1 for damages, reimbursement of expenses and compensation for lost value resulting from intentional or grossly negligent conduct. This also applies to intentional or grossly negligent behaviour of legal representatives or employed vicarious agents,
10.2.2.2 for damages, reimbursement of expenses and compensation for lost value resulting from injury to life, body or health due to negligent conduct. This also applies to the conduct of legal representatives or employed vicarious agents.
10.2.3 MOHR is liable to the extent of an expressly assumed guarantee.
10.2.4 The regulations according to the product liability law remain unaffected.
10.2.5 In all other respects MOHR is liable only for damages, compensation for expenses and compensation for value due to the breach of a cardinal obligation, i.e. an obligation which is essential for the fulfilment of the contract and on the observance of which the User could legitimately rely, limited to typically foreseeable damage.
11. Data protection
Information on the processing of personal data by MOHR in the course of using the Online Shop 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 Sales Convention.
12.2 The place of jurisdiction for all disputes arising from and in connection with these General Terms and Conditions is the place of business of MOHR.
12.3 Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The law takes their place. If the statutory law is not available in the respective case due to a gap in the regulations or would lead to an unacceptable result, the parties will enter into negotiations to find an effective provision to use in place of the invalid provision which comes as close as possible in economic terms to the invalid provision.
Version: October 2020