a) In the business relationship between Maxxloader Limited (hereinafter referred to as seller) and the buyer only the following general terms and conditions apply. Applicable in the version valid at the time the contract is concluded.
b) Any deviating conditions of the buyer are excluded.
c) In case of a contradiction, please obtain general terms and conditions in German at http://www.maxxloader.com under AGB.
2. Conclusion of contract
a) The presentation of goods in the online shop is not a binding offer from the seller. It is only a channel for the buyer to provide an offer through an order.
b) The buyer sends a binding offer through an order in the online shop to conclude a contract for the purchase of the goods in the shopping card. By sending the order the buyer accepts that only the terms and conditions of Maxxloader Limited are valid for this business relationship.
c) The seller confirms the entry of the order by sending a confirmation email. This confirmation email is not an acceptance of the order. It is only a conformation that the order reached the seller. The confirmation of the purchase contract will be through delivery of the ordered goods or a written acceptance declaration.
a) The purchase price is fully due for payment with date of the order. The prices at the time of purchase are valid. All prices include VAT. Delivery costs or custom costs can be added to the prices.
b) In general the seller offers the following payment options: payment in advance; instant transfer; credit card and PayPal. For each order the seller reserves the right to leave out certain payment options or refer to another payment option. For all payment options debiting will take place before the product shipment.
c) Articles that are marked as “in stock” will be delivered immediately after receipt of payment. Otherwise delivery times as indicated in the online shop apply.
d) Delivery of ordered items takes place to the given shipping address in the order. If shipping costs occur, they are displayed to the buyer before order completion. Partial shipments are permitted.
e) Please be aware, that delivery of the goods will take place after complete receipt of the total payment into our bank account. If the payment is due more than 9 days after we send the order confirmation email, the seller will step back from the business relationship and the order. The order will become invalid after the 9 days.
f) Failure of payment shall without prior reminder trigger buyer’s immediate default as of the expired due date. The defaulting buyer is liable for interests on arrears at 12 months’ EURIBOR (even if the actual period of default is shorter) plus 10% (1000 basis points) p.a., plus, if any, exceeding damages for default. Further, the seller has the right to delay or cancel the relevant shipment (notification by fax or email to the contact in charge suffices). In any such case, the buyer shall not be released from its obligations.
If payments were not made when due, seller may set a reasonable additional time period of not more than 10 calendar days for buyer to perform its payment obligations.
In case of buyer’s failure to perform the payments, seller may rescind the contract and reship the respective goods immediately to third parties.
4. Retention of title
The goods belong to the seller until complete payment of the purchase.
5. Prohibition of assignment
The buyer is not allowed to transfer claims of the seller to a third party without approval of the seller.
6. Limitation to set-off and offset
The buyer may only offset the purchase price claim of the seller against undisputed or legally established counterclaims.
7. Registration on www.maxxloader.com
a) Buyers can create a customer account on the website www.maxxloader.com. It is the buyer’s responsibility to provide all personal data completely and correctly. The buyer is bound to treat any personal access information in confidence and avoid any third party getting access to it. Confirmation of a successful account creation and/or Maxxloader registration is sent immediately after clicking the button “create account” or “register”.
b) Each customer is entitled to run only one account on www.maxxloader.com. The seller reserves the right to delete multiple account registrations and to caution and/or delete customers that violate the agreement and to change or delete contents (virtual domestic authority). The seller is not obliged to accept orders of a registered customer. The seller is not obliged to keep product offers available. Already confirmed orders are excluded from this non-obligation.
c) The buyer’s order data is stored in the seller’s database. In order to ensure the data is securely stored and treated, buyers do not have direct access to that data. We offer a password secured direct access through “my account” or “sign in”. Buyers can view detailed information about past and current orders. Buyers can also register their Maxxloader; maintain and save personal data, payment information and newsletter options.
8. Passing of risk and conditions of delivery
a) The risk of loosing the goods or degradation lays with the buyer from beginning of delivery process. This applies regardless of whether the shipped order is insured or not.
b) The seller does not carry any exercise risk. The seller is only obliged to process deliveries from its product stock and deliveries which are handled through its vendors and have been placed through us.
c) Any obligation is omittted if the seller is not supplied with the correct items and in good time despite proper and congruent transaction. The same applies that the seller cannot be held accountable for missing availability if they have informed the buyer about any delays in good time and have not carried any exercise risk. Pre-payments of orders will be reimbursed in these cases.
d) Delivery times could extend due to a delivery impacted by force majeure. Force majeure includes strike, lockout, public interventions, energy and commodity austerity, transport bottleneck as no fault of one’s own, business disruptions like fire, water and machine damages as no fault of one’s own and all other obstructions that which objectively seen are no fault of one’s own. Start and finish of any disruptions are immediately communicated to the customer. If the disruption is going to exceed the normal delivery time by more than six weeks, buyers are entitled to cancel their purchase. Any other claims, particularly any kind of damage compensation, is excluded.
e) The seller can withdraw from the contract if the buyer doesn’t accept the delivered goods (partly or in total). The seller can claim compensation for losses suffered.
9. Warranties and liability
a) The warranties of the seller follow the law. For liability and claims see clause 10.
b) The period of warranty for the buyer is for new goods 2 years and for used goods 1 year, starting from date of order delivery. For company clients the period of warranty for the buyer is for new goods 1 year.
c) The seller doesn’t grant any guarantees.
10. Liability exclusion
a) Liability of the seller is excluded, if not addressed by law.
The liability exclusion also includes servants of the seller, if a buyer raises claims against them.
b) The seller shall not be under any liability for loss, damage or expense attributable to or caused by misconduct of the buyer or by circumstances beyond the seller’s control as long as we take reasonable care and skill in handling, to reduce the risk of physical loss or damage or expense.
12. Written requirements and severability
a) Deviating of rules has to be made in written form and shall only be confirmed in written form by the seller. The seller does not accept conflicting or deviating terms and conditions of the buyer.
b) If any clause or part of this contract is wholly or partly invalid, this does not affect the validity of this contract as a whole. Invalid clauses shall be replaced by regulations, which are closer to the meaning and purpose of the ineffective provision in a legal manner.
13. Govering law
The relations between the contracting parties shall be governed exclusively by the laws of the Republic of Ireland. The application of the Uniform Law on the International Sale of Goods Act and the conclusion of international contracts of sale of goods is excluded.
This document was last updated on June 03, 2015.