General Terms and Conditions
General Terms and Conditions, August 2024
By placing an order on the website www.mindtecstore.com, you are entering into a contract of sale with TITAN Commerce Continental Services, Gottlieb-Daimler-Str. 13, 35440 Linden (also operator of the website).
Managing Directors: Hans-Georg Bieschke.and Harald Baums
Commercial Register: Gießen Local Court, HRB 3560
Value added tax identification number: DE211184740
General terms and conditions
1. Scope
The following Terms and Conditions apply to all orders placed via our online shop on the Amazon marketplace.
These Terms and Conditions also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
The following Terms and Conditions apply to all orders placed via our online shop on the Amazon marketplace.
2. Contractual partner, formation of contract
2.1 Contractual partner
The contract is concluded with TITAN Commerce Continental Services GmbH.
2.2 Formation of contract
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You have the possibility to conclude the ordering process via the shopping cart system or the 1-click-ordering. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket.
When ordering via the 1-click-ordering you submit your order directly without detour via the shopping cart. You accept our offer concerning the goods. By clicking the button ""Buy now with 1-Click"" an order is automatically generated which will be sent to the delivery address that you have provided and payment will be made with the payment method that you provided. Your 1-click settings can be viewed and amended at www.amazon.co.uk/gp/css/account/address/view.html. Furthermore, you have the possibility to change or cancel your 1-click-orders within 15 minutes.
Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English
We save the text of the contract on our system, which is however not accessible for you. However, you have the opportunity to view your previous orders via your amazon account. The complete text of the contract will not be accessible there.
4. Payment
You may pay the invoice amount by credit card or direct debit. The processing of the payment is done by Amazon. Your account will be debited only after the goods have been sent out. Amazon will forward the payment to us without that we receive your payment details. More information can be found on the help pages of amazon.co.uk marketplace at www.amazon.co.uk/gp/help/customer/display?nodeId=201889310.
5. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
6. Voluntary return policy
Without prejudice to your statutory rights, we offer you the following voluntary return guarantee:
Products that you purchase from us may be returned to according to the Amazon return guarantee. Further details in particular about the cost of return and the return conditions can be found here: www.amazon.de/gp/help/customer/display.html?language=en_GB&nodeId=200804690
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Customer service: Sie erreichen unseren Kundendienst für Fragen, Reklamationen und Beanstandungen werktags von bis unter der Telefonnummer sowie per E-Mail unter ."
10. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.
12. Final provisions
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
