GENERAL TERMS AND CONDITIONS OF
Welcome to Metallos.de!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Metallos Inh. Detlef Gull (hereinafter supplier) to you, in their version valid at the time of the order.
(2) Deviating terms and conditions of the customer are rejected.
(3) Please read these terms carefully before placing an order to Metallos Inh. Detlef Gull. By placing an order to Metallos Inh. Detlef Gull you agree to the application of these terms and conditions to your order.
(4) On Metallos.de we offer the sale of the following products:
Rare metals such as indium, tantalum, gallium, germanium, hafnium.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German language.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to Metallos.de to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the "buy" button in the last order step.
(6) The purchase contract between the Provider and the Customer shall only be concluded upon a declaration of acceptance by the Provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of products ordered within the scope of one order and to the placement of several orders of the same product, where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the use of the Metallos.de service requires registration.
(10) By registering, the customer accepts these General Terms and Conditions. The registration creates a contractual relationship between Metallos.de and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely invited to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with Metallos.de that is separate from the registration. Prior to the conclusion of this contractual relationship, the user shall be informed about the respective chargeable service and the terms of payment. The contractual relationship is established when the customer confirms the order and payment obligation by clicking the "buy" button.
§ 3 Description of the scope of services
The scope of services of Metallos.de consists of the following services:
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat rate or surcharge for shipping costs. Shipping surcharges vary depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and ship the Product to you.
(3) The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) In order to use Metallos.de, registration is initially required.
(5) If the user wishes to use a service for which a charge is made, he will be informed in advance of the charge. In particular, the respective additional scope of services, the costs incurred and the method of payment shall be listed.
(6) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by Metallos.de (e.g. on the respective product detail page). We point out that all information on availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If Metallos.de discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address provided by him, although the delivery date was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the Customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with respect to each shipping confirmation, a separate purchase contract between us for the products listed in the respective shipping confirmation. Contractual partner is Metallos Inh. Detlef Gull. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before we send you the corresponding shipping confirmation.
§ 6 Terms of payment
(1) Any fee due shall be paid to Metallos.de in advance, at the time of the due date, without any deductions.
(2) The customer may pay for the goods or services by the following payment methods:
- credit card
- Direct debit:
In the event of a return debit note for which the customer is responsible, Metallos Inh. Detlef Gull will charge a lump-sum compensation in the amount of ________ € (________). The customer can prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum. The above provisions apply mutatis mutandis to payments of the purchase price of goods sold by third parties.
- Immediate bank transfer
- On account
Payment on account is only possible for consumers over 18 years. The delivery address, home address and billing address must be identical and located in the following countries:
For services that are transmitted online (e.g. software for download) and for the purchase of gift cards, payment by invoice is not possible. The invoice amount is due upon receipt of the invoice. Metallos Inh. Detlef Gull reserves the right not to offer certain payment methods in individual cases.
When paying on account, plus any shipping costs for the complete shipment once a fee of ________ € (________)including the applicable VAT per delivery, will be charged. The customer will always be informed separately before conclusion of the contract whether this fee applies.
If the invoice amount is not paid by the due date for reasons for which the customer is responsible, Metallos Inh. Detlef Gull will charge a lump-sum compensation in the amount of ________ € (________). The customer can prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum.
In case of payment on account as well as in other cases in case of justified reason Metallos.de checks and evaluates the data of the orderer.
(3) Certain payment methods can be excluded by the provider in individual cases.
(4) The customer is not allowed to pay for the goods or services by sending cash or checks.
(5) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(6) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.
(7) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the amounts due.
(8) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(9) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to settle the invoice amount within 14 days after the dispatch of the goods, without any deduction of discount.
(10) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.
§ 7 Registration and termination
(1) Furthermore, the Customer declares that he and, to the best of his knowledge, no member of his household has been convicted of an intentional criminal offense that endangers the safety of third parties, in particular of a criminal offense against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user is, subject to reservation, entitled to unsubscribe in writing by mail, e-mail or telephone at any time without stating a reason. At the same time, it is possible to completely and manually deactivate the user account within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, he/she can cancel the contract at the latest ________ days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the selected booking period, and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. So that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be indicated. In case of a cancellation by phone, the individual phone password is required.
(4) Metallos.de may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Metallos.de further reserves the right to remove profiles and/or any content published on the website by or on behalf of the user. If Metallos.de terminates the registration of the user and/or removes profiles or published content of the user, Metallos.de is not obliged to inform the user about the reason of the termination or removal.
(5) Following any termination of any individual use of the services of Metallos.de, Metallos.de reserves the right to send an information about this to other registered users with whom Metallos.de assumes that they were in contact with the user. Metallos.de's decision to terminate the registration of the user and/or to notify other users with whom Metallos.de assumes that the user has been in contact does not imply or state that Metallos.de makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obligated not to intentionally or fraudulently provide false information in their profile and other areas of the portal. Such information may result in civil action. Furthermore, the Operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If a User's access is blocked and/or the contractual relationship is terminated due to a culpable breach of contract, the User shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all data of the user shall be deleted by Metallos.de.
§ 8 Limitation of liability (services)
(1) Metallos.de does not assume any responsibility for the content and the correctness of the information in the registration and profile data of the orderers as well as further contents generated by the orderers.
(2) With regard to the searched or offered service, the contract shall be concluded exclusively between the respective participating orderers. Therefore Metallos.de is not liable for services of the participating orderers. Accordingly, all matters concerning the relationship between the Ordering Parties including, without exception, the services received by a Searcher or payments due to Ordering Parties shall be addressed directly to the respective party. Metallos.de cannot be held responsible for and hereby expressly disclaims all liability of any kind whatsoever including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the said matters.
(3) For damages arising from injury to life, limb or health Metallos Inh. Detlef Gull liable only if they are based on an intentional or negligent breach of duty by Metallos Inh. Detlef Gull or an intentional or negligent breach of duty of a legal representative or agent of Metallos Inh. Detlef Gull.
(4) Metallos Inh. Detlef Gull Europe is liable for other damages, unless they are based on the breach of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely). Detlef Gull Europe only if they are based on an intentional or grossly negligent breach of duty by Metallos Inh. Detlef Gull or on an intentional or grossly negligent breach of duty of a legal representative or agent of Metallos Inh. Detlef Gull.
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb or health or freedom are subject to a limitation period of 30 years; otherwise after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to become aware without gross negligence (§ 199 Abs.1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§ 9 Offsetting and right of retention
(1) The customer has the right to offset only if the counterclaim of the customer has been legally established or has not been disputed by the provider.
(2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 10 Retention of title
Metallos Inh. Detlef Gull retains ownership of the goods until full payment.
§ 11 Transport damage
(1) If the customer receives the goods with obvious transport damage, the supplier requires him to complain as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
§ 12 Right of Defect
(1) If the Purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and may demand the repair or replacement of the products purchased on Metallos.de if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 13 Limitation of Liability (Products)
(1) The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The Provider shall be liable for breaches of essential contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Customer based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) As far as the liability of Metallos.de is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 14 Cancellation Policy + Cancellation Form
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
A. Cancellation policy + cancellation form
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Metallos Inh. Detlef Gull Poststraße 20, 73054 Eislingen, Germany, Tel.: 07161-9872159, Fax:07161-6527145, E-Mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to contracts for the supply of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
If you wish to cancel the contract, please fill out and return this form.
Inh. Detlef Gull
Postal road 20
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable
§ 15 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete and free information from Metallos.de about the data concerning you at any time.
(5) Furthermore, the user has the right to correct/delete data/restrict processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 16 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 17 Jurisdiction and applicable law
(1) The law of the Federal Republic of Germany shall apply exclusively to disagreements and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the Provider.
§ 18 Final Provisions
(1) Contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Metallos.de only with the assistance of a parent or guardian.
(3) If you violate these Terms and Conditions and we do nothing about it, we are still entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions at any time. Your order will be governed by the Terms of Sale, Terms of Agreement and Terms and Conditions in effect at the time you place your order, unless a change to these Terms is required by law or governmental regulation (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.