Terms of service
§1 Scope and provider
(1) These General Terms and Conditions of Business apply exclusively in the respective version at the time of the order for all legal relationships established via this Internet shop between a consumer and the provider of this online shop, available at www.martneck.com.
(2) The range of goods in our online shop is directed exclusively to consumers within the meaning of §13 BGB (German Civil Code) who have reached the age of 18. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed.
(3) Our deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions.
(4) The contract language is German.
(5) The provider of the online shop and contractual partner for orders placed through it is Martneck GmbH, Johannes-Haag Str 19, 87600 Kaufbeuren, Germany, represented by its managing director: Dr. Martin Hübscher, Tel: 08341-9615924, Fax: 08341-9615926, Commercial Register Office: HRB 14335 (Kempten District Court), VAT ID: DE 321 320 894
(6) Deviating general terms and conditions of customers are directly rejected.
§2 Conclusion of contract
(1) By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process.
(2) The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
(1) The prices stated on the product pages contain the statutory value added tax and other price components and are exclusive of the respective shipping costs.
§4 Terms of payment
(1) Payment is made by credit card (Visa, Mastercard, Amex, Maestro), PayPal or Klarna.
(2) Credit card: When placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
(3) PayPal: When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. To be able to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(4) Klarna: In cooperation with Shopify Payments and Klarna Bank(publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The term of payment is (14) days from dispatch of the goods. The complete invoice conditions can be found here:
- Immediately with Klarna: Your account will be debited immediately after placing the order.
§5 right of set-off/right of retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on an internally coherent uniform living relationship.
§6 Delivery; reservation of title
(1) The goods are delivered by DHL to the address provided by the buyer.
(2) The goods shall remain our property until the purchase price has been paid in full.
§7 Notes on data processing
(1) Martneck GmbH uses the personal data provided (such as name, address or e-mail address) in accordance with the provisions of the applicable data protection law. For details, please read under Data Protection or request this from us.
(2) We use your e-mail address within the scope of the legal possibilities if you have become a customer in order to send you information about our own similar goods and services. You can contradict to the known contact data at any time.
§8 Warranty and guarantees
(1) Unless expressly agreed otherwise below, the statutory liability for defects shall apply:
Defects that were already present when the goods were handed over can be asserted within the statutory limitation period of two years from delivery of the goods.
(2) The above restrictions and shortening of deadlines shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed or
- as far as the scope of application of the product liability law is opened
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
§9 Limitation of liability
(1) For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the product liability law is opened.
(2) In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
(3) Otherwise, claims for damages are excluded.
§10 Alternative dispute resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform is accessible via the external link://ec.europa.eu/consumers/odr/to reach this platform. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. The same applies to our partners, unless otherwise stated in the imprint on the seller's detail page of the respective partner.
§Section 11 Applicable law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer resident in the European Union, the law of the country in which you have your residence may also be applicable, if applicable, in the case of mandatory provisions.