Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1)The following business terms are applicable to all the contracts, which you conclude with us as a supplier (MCCF GmbH) via the
www.mccf.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2)A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an
overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to
every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent
professional or commercial activity.
§ 2 Conclusion of the contract
(1)The subject-matter of the contract is the selling of products .
(2)On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the
conditions specified in the item description.
(3)The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on
the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is
then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be
guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order
summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or
cancel the purchase transaction.
By clicking the "Ordering with cost liability” button to submit the order, you declare acceptance of the order in a legally binding way by which
the purchase agreement takes place.
(4)You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and
binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5)The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one,
and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by
a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from
the specified account by issuing a corresponding SEPA mandate.
The debit note is collected within a period of 10-15 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the
account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in
which you defaulted on your obligation, you have to pay the incidental bank charge.
§ 4 Right of retention, reservation of proprietary rights
(1)You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2)The goods remain our property until the purchase price is paid in full.
(3)If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods
subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the
magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you
are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we
reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newlyformed
item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and
the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable
value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1)The statutory warranty rights are applicable.
(2)As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it
is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
(3)Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a)It is understood that the details provided by us and the product description provided by the manufacturer are the only things that
represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer
are not considered to be representative of the properties and condition of the said product.
b)If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed,
you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed
second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In
case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment,
as far as the transfer does not correspond to the intended use of the item.
c)The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1)German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed
by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-thedoubt
(2)If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of
business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with
us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as
well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings.
This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3)The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Aschaffenburger Strasse 17
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in
accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data
can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legallymandated
details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation
requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed
at:https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the
Ecommerce Europe Trustmark Code of Conducthttps://www.ecommercetrustmark.eu/the-code-of-conduct/.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,
including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on
our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by
you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or
money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the
payment is initiated outside of the European Union.
6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the
6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded
become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on
our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during
shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who
has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly
checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings
are issued. More detailed information can be found on the following website:https://www.haendlerbund.de/agb-service.
last update: 23.10.2019
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his
commercial or independent professional activities.)
Instructions for revocation
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered
one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had
ordered several products within the scope of a standard order and these products are delivered separately;
In order to exercise your revocation right, you must inform us(MCCF GmbH, Aschaffenburger Strasse 17, 83064 Raubling, Telephone
number: +49-8035-957913-9, Fax number: +49-8035-957913-0, E-Mail address: firstname.lastname@example.org)of your decision to revoke this
contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for
this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the
expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of
additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by
us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract
from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless
expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products
back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which
you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day
You bear the direct costs for returning the products that can be shipped via parcels as well as the direct costs for returning the products
that cannot be shipped via parcels. The costs for products that cannot be shipped via parcels are estimated at approximately maximum ab
ca. 6,9999 EUR euros.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary
for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the
consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30
days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which
the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been
removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To MCCF GmbH, Aschaffenburger Strasse 17, 83064 Raubling, Fax number: +49-8035-957913-0, Email address: email@example.com :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
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 a notification on paper)
(*) Cross out the incorrect option.