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Terms and conditons

Legal-Status: July 2012

§ 1 General Scope
(1) These terms and conditions of sale are part of all contracts for goods and/or services and also apply to all future business transactions between Mattheiss Innovations and the customer.

§ 2 Offer
(1) The order placed by the customer (e.g. via internet, email, fax, phone, letter) is a binding offer to conclude a contract.
(2) Mattheiss Innovations is entitled to accept this offer within two weeks by sending a written order confirmation (e.g. by e-mail, fax, letter).

§ 3 Right of revocation for consumers, consequences of revocation
(1) In cases of orders for new goods, the statutory right of withdrawal shall apply.Special note: The right of withdrawal to which you are legally entitled shall not apply to goods that are manufactured according to individual customer requirements or are clearly tailored to personal needs. Our legal liability due to quality defects remains unaffected.

§ 4 Prices - Terms of Payment
(1) The prices are to be taken from the product description or the offer. The purchase price payment is due in full upon receipt of the order confirmation, unless otherwise stated in the order process, the delivery documents, the invoice or the order confirmation. Customs duties and taxes for deliveries are generally to be borne by the Buyer and are not included in the purchase price or in the shipping costs.
(2) The purchase price is to be paid in advance. For payment, the customer can choose from the following options:-advance transfer to the bank account of Mattheiss Innovations -advance transfer to the PayPal account of . Processing of the customer's order starts with payment of the order value stated in the order confirmation or in case of finishing order with receipt of the goods at Mattheiss Innovations and payment of the order value.
(3) The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or acknowledged by Mattheiss Innovations in writing. Furthermore, the customer is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 5 Delivery - Delivery Time
(1) Delivery is made to the address specified by the customer. The compliance with the delivery obligation of Mattheiss Innovations requires the timely and proper fulfillment of the customer's obligation. The defense of non-fulfillment of the contract is reserved.
(2) Partial deliveries are permitted as far as they are reasonable for the customer.
(3) If the customer is in default of acceptance or culpably violates other duties to cooperate, Mattheiss Innovations is entitled to claim the damage arising in this respect, including possible additional expenses. Further claims remain reserved.
Mattheiss Innovations(4) Provided that the requirements of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the moment he is in default of acceptance or debtor's delay.
(5) Insofar as the underlying purchase contract is a firm deal, the statutory liability provisions shall apply. This also applies if as a consequence of a delay in delivery for which Mattheiss Innovations is responsible, the customer is entitled to claim that his interest in the further fulfillment of the contract has ceased.
(6) Mattheiss Innovations is also liable according to the legal regulations, if the delay in delivery is based on an intentional or grossly negligent breach of contract for which Mattheiss Innovations is responsible; a fault of its representatives or vicarious agents is to be attributed to Mattheiss Innovations. If the delay in delivery is not based on an intentional breach of contract for which Mattheiss Innovations is responsible, the liability for damages is limited to the foreseeable, typically occurring damage.
Mattheiss Innovations
(7) Mattheiss Innovations is also liable according to the legal regulations, as far as the delay in delivery for whichNOBLINE is responsible is based on the culpable violation of an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
(8) Mattheiss Innovations is liable for delay of performance in cases of intent or gross negligence by or of a representative or vicarious agent according to the legal regulations. In other cases of delay of performance, the liability of Mattheiss Innovations for damages in addition to performance is limited to 5% and for damages instead of performance to 15% of the value of the delivery. Apart from that, Mattheiss Innovations is only liable for injury to life, body or health. Further claims of the customer due to delay in performance are excluded.
(9) A change of the burden of proof