Terms and Conditions

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

In Germany, the following applies: According to § 13 of the German Civil Code (BGB), consumers are any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

For Austria, the following applies: In the following conditions, "consumer" refers to the "consumer" as defined in the Consumer Protection Act (KSchG).

For Switzerland: In the following terms and conditions, "consumer" refers to the "consumer" as defined by Swiss law.

An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract, correction options

The purchase agreement is concluded with mibostahl tools, trading and service GmbH.

By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.

3. Contract language, contract text storage

The language(s) available for concluding the contract: German, English

We save the contract text and send you the order details and our terms and conditions in text form. You can view the contract text in your customer login.

4. Subject of the contract

4.1 Product description

The validity of the respective product description as an essential part of the contract is noted.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us.

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

5. Delivery conditions

5.1 Delivery area

We deliver within Germany, Austria and Switzerland.

5.2 Shipping costs

In addition to the stated product prices, standard shipping also incurs shipping costs of

• €9.95 for customers based in Germany or Austria
• €19.95 CHF for customers based in Switzerland

5.3 Delivery options

We ship the products to the delivery address specified during the ordering process.

We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to parcel lockers.

6. Payment

6.1 Prices

The prices valid at the time of ordering apply. These are total prices and include statutory VAT.

6.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.

For customers based in Germany and Austria:

• For consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that the actual damage incurred was less. This does not affect any other claims we may have.
  
• To businesses: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, as well as a flat fee of €40. This does not affect any other claims we may have.
  

For customers based in Switzerland:

• For consumers: In the event of late payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that the actual damage incurred was less. This does not affect any other claims we may have.
  
• To businesses: In the event of late payment, we reserve the right to charge you default interest at a rate of nine percentage points above the ECB base rate, as well as a flat fee of CHF 40. This does not affect any other claims we may have.

6.3 Payment methods

The following payment methods are generally available in our shop.

prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

credit card
During the ordering process, you will enter your credit card details. Your card will be charged immediately after you submit your order.

SEPA Direct Debit Scheme
By placing your order, you are granting us a SEPA direct debit mandate. We will inform you of the debit date at least one banking day in advance (so-called pre-notification). A banking day is any working day excluding Saturdays, national public holidays, and December 24th and 31st of each year. Your account will be debited before the goods are shipped.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. You will receive further instructions during the ordering process.

PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods will affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will find further information with the respective payment option and during the order process.

PayPal, PayPal Express
To pay the invoice amount via PayPal, you must be registered with PayPal, log in with your credentials, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order.

PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods will affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the debit date (so-called pre-notification). Your account will be debited before the goods are shipped.

Purchase on account via PayPal
Purchasing on account via PayPal requires an address and credit check and is made directly to PayPal.

Purchase on account via PayPal and Ratepay
Purchasing on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstrasse 28-29, 10587 Berlin (“Ratepay”).

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information with the respective payment option and during the order process.

Purchase on account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice. Payment by invoice is only available to consumers.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods will affect your legal relationship with Klarna. You can find more information about this in your Klarna account.

Installment purchase via Klarna
You can pay the invoice amount in up to 36 monthly installments. A deposit may be required for some orders. Payment due dates are determined by Klarna's payment plan. Klarna's installment payment option is only available to consumers.

Klarna may offer registered Klarna customers selected according to its own criteria additional payment options in their customer account (e.g., interest-free installment plans). However, we have no influence on the offering of these options; any further individually offered payment options will affect your legal relationship with Klarna. You can find more information about this in your Klarna account.

Instant/Instant transfer via Klarna
To pay the invoice amount via instant bank transfer through Klarna, you must have a Klarna account and a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. Klarna does not conduct a credit check for instant bank transfer payments. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.

Credit card via Klarna
During the ordering process, you will enter your credit card details. Your card will be charged by Klarna immediately after you place your order. No address or credit check will be performed.

Direct debit via Klarna
You are granting Klarna a SEPA direct debit mandate. Klarna will inform you of the debit date (so-called pre-notification). The debit will occur after the goods have been shipped.

7. Right of withdrawal

Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

8. Retention of title

The product remains our property until full payment is received.

For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

For businesses, the following applies in addition: We retain title to the product until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

10. Warranty and Guarantees

10.1 Warranty Law

The statutory warranty rights apply.

For consumers residing in Switzerland :
Consumers should, as soon as practicable in the ordinary course of business, inspect the condition of the received goods and, if any defects are found for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased goods are deemed accepted, unless the defects were not discoverable upon proper inspection. If such defects appear later, notification must be given immediately upon discovery; otherwise, the goods are also deemed accepted with respect to these defects.
Notwithstanding the foregoing, the following applies: If defects in an item that has been integrated into an immovable structure as intended have caused the structure to be defective, these defects must be reported within 60 days. Defects that were not detectable during a standard inspection must be reported within 60 days of their discovery.

Please return the defective product to us with a description of the defect. You are responsible for the return shipping costs. We provide a warranty by remedying defects. This will be done at our discretion either by repairing the defect or by delivering a replacement. If the remedy fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded.

10.2 Guarantees and Customer Service

Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.

Customer service: Weekdays 9:00 AM to 3:00 PM, via email - info@mibostahl.de

11. Liability

We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.

• in case of injury to life, body or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
Furthermore, claims for damages are excluded.

12. Code of Conduct

We have committed ourselves to the following codes of conduct:

• ISO 9001:2015 certified (https://mibostahl.com/service/)

13. Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final Provisions

If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Should individual clauses of these terms and conditions be wholly or partially invalid, the remainder of the contract shall remain in effect. Insofar as individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.