1. Scope of application
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of Modbox Container GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop.
1.2. A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Conclusion of the contract
2.1. The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2. The Client may submit the offer via the online contact or quote form integrated into the Seller's online shop. All submitted inquiries are subject to final confirmation by the Seller.
3. Prices and payment conditions
3.1. Unless otherwise stated in the Seller's product description, prices indicated are net prices, exclusive of the statutory value-added tax. Any additional delivery and dispatch costs are specified separately in the respective product description or quotation.
3.2. Payment can be made using one of the methods mentioned in the Seller's online shop. Invoices are payable within 14 days of receipt, without any deduction, unless otherwise agreed.
4. Delivery and shipping conditions
4.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise.
4.2. Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch.
5. Retention of title
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
6. Liability for defects (Warranty)
6.1. The statutory regulations regarding liability for defects apply.
6.2. If the Client acts as an entrepreneur, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.
7. Applicable law and jurisdiction
7.1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws about the international purchase of movable goods.
7.2. If the Client acts as a merchant, legal entity of public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business.