General terms and conditions

General terms and conditions

of the company most-Arbeitsschutz, Zur Bergbrauerei 13, D-98716 Geraberg Germany, described hereinafterly as seller.

§ 1 Scope

These general terms and conditions always apply all mutual claims from and in connection with a completion of a contract between the customer and seller at the catalog mail order business and at internet orders in its at the time of the respective completion of a contract valid setting. It is regarded in the case of collisions as a ranking between the regulations:

1. these general terms and conditions

2. legal regulation.

§ 2 Contract conclusion

The order of the customer represents an obligatory offer on contract of a sales contract for the ordered product(s).

The contract takes place by acceptance of the customer order by the seller. The acceptance by the seller is made by the customer with the receipt of the product after over-shipment of the product by the seller. If the customer orders by internet then the seller will immediately confirm the entrance to the order on an electronic way. Meanwhile a contract acceptance cannot be seen in an ordering confirmation yet. The acceptance of the customer order is made by shipment of the ordering confirmation by e-mail at cash in advance. The ordering confirmation doesn't represent any contract acceptance at the other modes of payment yet but the dispatch of the product within five working days first.

The offers of the seller are without engagement and subject to confirmation. The ordered goods can insignificantly differ from the goods represented on the catalog or Internet due to the technically conditional representation possibilities, it can particularly come to color deviations or extended/reduced representations.

The delivery isn't carried out under the reservation in the case of not right or not proper self supplying or have to only partly do. This only applies to case that the non-delivery cannot be represented by the seller and this has completed a congruent hedging transaction with the supplier with the advisable care. The seller will make all reasonable efforts to obtain the product. The service in return of the customer otherwise is immediately refunded to it. In the case of the non-availability or the only partial availability of the product the customer is immediately informed.

§ 3 Participant

The seller concludes contracts with customers, which are

a) unrestrictedly competent individual persons and have the 18th year of life completed and which as well as

b) legal persons, legally responsible partnerships or individual businessman, in practice of her commercial or independent occupational activity the one at conclusion of the legal transaction (businessmen) trade. Customers according to these business relations are respectively both consumers and businessmen based place of residence or seat in the Federal Republic of Germany, a member state of the European Union or the Switzerland as well as other third party states.

§ 4 Language of contracts

The contract language is German.

§ 5 Revocation instruction

Right to cancel

You have the right to revoke this contract without giving reasons within fourteen days. The revocation period is fourteen days as of the day, named third party into possession who isn't the carrier, on which you or one of you have taken the last product or has the last product.

To exercise your revocation right, you have to send us (most-Arbeitsschutz, Zur Bergbrauerei 13, D-98716 Geraberg Germany, fax: +49 / 3677 / 791928, e-mail: s.eschrich@most-arbeitsschutz.de) by means of a clear explanation (e. g. a letter, telefax or e-mail, sent by mail) inform about your decision to revoke this contract. You can use the enclosed sample revocation form which isn't stipulated, however. It suffices that you mail the communication about the practice of the revocation right before expiry of the revocation period for the preservation of the revocation period.

Results of the revocation

If you revoke this contract, we have to repay you all payments including the delivery costs (with the exception of the additional costs which arise that you have chosen another manner of the delivery as the standard delivery which is offered by us and most favorable) immediately and latest within fourteen days, on which arrived the communication at it. We use the same means of payment for this repayment which you have used at the original transaction unless with you something else particularly was agreed on; considerations on no account are charged to you because of this repayment.

We can refuse the repayment unti we have had the returned goods again or until you have furnished the proof that you have returned the goods depending on which the earlier time is. You have to return or submit the goods immediately and in every case at the latest within fourteen days as of the day, at which you inform us about the revocation of this contract. The period is caught if you ship the goods before expiry of the period of 14 days. We don't bear the costs of the return of the goods.

You only must pay for a possible depreciation of the goods if this depreciation to explain a necessary size by one for the check of the composition, qualities and operation of the goods with them.

There isn't the revocation right

1. on delivery of goods, which isn't prefabricated and for the production an individual choice or determination is substantial by the consumer or which is tailored to the personal needs of the consumer obviously

2. on delivery of clay or video recordings or computer software in one sealed packet if the sealing was removed after the delivery

3. on delivery of newspapers and magazines with the exception of subscription contracts.

§ 6 Reservation of ownership

most-Arbeitsschutz reserves the property for itself at the product until the complete payment of the selling price.

§ 7 Compensation, delivery

All prices include the legal value added tax. In addition to the selling price transportation costs in the amount of EUR 6.90 (net) / EUR 8.21 (gross) arise. Packing costs are already included in this price (at cash on delivery plus COD charges in the amount of EUR 5.00 (net) / EUR 5.95 (gross)). As of an order value of EUR 500.00 (net) / EUR 595.00 (gross) most-Arbeitsschutz takes on the transportation costs for you within Germany. most-Arbeitsschutz delivers worldwide. You find the transportation costs for deliveries outside Germany here. The payment can be carried out by cash on delivery, invoice, cash in advance, credit card payment, Paypal as well as immediately transfer. The seller reserves for himself to exclude single modes of payment. We deliver at first order by cash on delivery or cash in advance. On deliveries by cash on delivery the customer pays in cash at delivery.

Subject to the self supplying the seller will provide a fast delivery within five working days. At delays in shipment we will immediately inform you. The delivery time is 4 - 6 weeks at measure makings and special products. If only a part of the order shouldn't immediately be deliverable, the remaining goods are delivered follow-up without renewed calculation of the transportation costs.

§ 8 Guarantee

8.1 The seller ensures that the products are free of material defects and on the right defects in accordance with § 434, 435 BGB at the time of the danger transition.

8.2 If delivered goods should show obvious material or manufacturing defects to which damages in transit also belong the customer is asked to query such faults opposite seller as soon as possible. The observance of this reprimand doesn't have any consequences for your legal claims, though. The legal regulations are valid in accordance with §§ 434 pp. 475.

8.3 The duration of the guarantee is two years. It starts with the entrance of the product at the customer.

8.4 In the case of the defect the customer can demand the elimination of the defect or the delivery of a defect free thing in accordance with § 439 BGB after his choice. The seller can refuse the follow-up fulfillment the manner chosen by the buyer in the context of the § 439 if it is possible only with disproportionately costs. Failure in the course of repairs to remedy a defect even at the second attempt the customer is entitled under § 439 BGB to demand delivery of a defect free item or to reduce the purchase price or rescind the contract. As for the rest § 437 BGB is valid.

8.5 With regard to possible claims for compensation because of defects of the things the legal regulations are valid.

8.6 It is prerequisite for the warranty claims that the defect hasn't arisen from an improper use or overtaxing. Shows itself a defect later since 6 months the customer has to proof the handing so first to lead that the thing was unsatisfactory at the transition. The seller is otherwise up to the proof to lead that the thing didn't show any material defects on handing over.

§ 9 Liability

Sellers, it management and it employees are liable to a positive demand injury, delay, impossibility, tortious act as well as and gross negligence for another legal justification (very pre-contractual injuries) at firm intention in cases. In the case that damages to life, health or body have arisen culpably in the case of the culpable injury of contractual cardinal duties (main contractual duties) or at malicious deceit as well as BGB in the case of a compensation entitlement in accordance with § 437 sub-paragraph 2 seller is liable on the legal scale. The liability for employees is limited by seller merely at an injury of cardinal duties on the typical, foreseeable damage. The idea of the cardinal duty is explained either second-handly or abstractly to the identification of a breach of duty which is described concrete and endangering the attainment of the contract purpose, essential as a duty whose fulfillment makes the proper execution of the contract possible in the first place and may trust on whose compliance with the news regularly.

§ 10 Choice of law

German law is applied to the facts of the case between seller and customers as well as to the respective business conditions. The application of the UN convention over treaties on the international goods purchase of 4-11-1988 is excluded.

The prominent determination has mandatory regulations of the right of the state in which the customer has his ordinary stay untouchedly if and as far as the customer the customer has concluded a sales contract, which cannot be classed with the professional or commercial activity of the customer (consumer contract) and if this one has carried out the sales contract's required on the right actions at the degree in the state of his ordinary stay.

Place of jurisdiction

If the customer is merchant according to the code of commercial law or a body of the public law this contract turns into Ilmenau / Arnsatdt as a place of jurisdiction for all disputes / agrees provided that an exclusive place of jurisdiction isn't given. The seller also is authorized, however, to sue the merchant at his residential or business domicile.

§ 11 Setting off / retention

There isn't a right of the customer to the setting off or retention unless the demand is established adv cps or finally legally.

§ 12 Data privacy protection

12.1 Your address is saved for a fast and fault-free processing in our IT. The treatment of the left data is carried out in agreement with the regulations of the Federal Data Protection Law as well as the Tele-Media Law.

12.2 We become a purpose of the risk weighting for Novalnet AG, Payment Institution (ZAG), Gutenbergstr. 2, 85732 Ismaning, which is found out the address and credit standing data saved in their database to your person inclusive such, on the basis of mathematical statistical methods , to make available provided that we have explained our legitimate interest credibly.

Indication for § 28 b no. 4 BDSG

We raise or use probability values to the purpose of the decision on the foundation, execution or completion of the contract relationship into whose calculation address data among other things flow.

12.3 To the postal consignment of informative material and for advertising purposes of our own we pass address data arranged if necessary on to our group and partner enterprises as well as to publishing companies.

You can contradicting any time the use processing and passing on of your data for advertising purposes by a communication by mail to the company most-Arbeitsschutz, Zur Bergbrauerei 13, D-98716 Geraberg Garmany, fax: +49 / 3677 / 791928 or e-mail to s.eschrich@most-arbeitsschutz.de.

Furthermore the customer has a right to information as well as a right to correction, inhibition and deletion of his stored data under the e-mail s.eschrich@most-arbeitsschutz.de. Provided that legal or contractual obligations of safekeeping stand contrary to a deletion, the data are closed.

You find further information about the protection of data privacy under protection of data privacy.

§ 13 Storage of the wording

The wording isn't stored with us and can't be called after completion of the ordering process any more.

§ 14 Platform for the online quarrel settlement

The EU commission provides a platform for quarrel mediation out of court as of February 15th, 2016. This gives consumers the possibility of at first clearing disputes in connection with your online order without the bringing in a court. The quarrel settlement platform is attainable under the external link http://ec.europa.eu/consumers/odr/.

standing: 02-11-2016

Imprint

This web shop is a publication of most-Arbeitsschutz. Misspellings and mistakes cannot become an assumed liability despite a careful check of the documents.

most-Arbeitsschutz

represented by

General Manager Sven Eschrich

Zur Bergbrauerei 13

98716 Geraberg

Germany

phone: +49 / 3677 / 791929

fax: +49 / 3677 / 791928

VAT-ID: DE254685636

General terms and conditions

of the company most-Arbeitsschutz, Zur Bergbrauerei 13, D-98716 Geraberg Germany, described hereinafterly as seller.

§ 1 Scope

These general terms and conditions always apply all mutual claims from and in connection with a completion of a contract between the customer and seller at the catalog mail order business and at internet orders in its at the time of the respective completion of a contract valid setting. It is regarded in the case of collisions as a ranking between the regulations:

1. these general terms and conditions

2. legal regulation.

§ 2 Contract conclusion

The order of the customer represents an obligatory offer on contract of a sales contract for the ordered product(s).

The contract takes place by acceptance of the customer order by the seller. The acceptance by the seller is made by the customer with the receipt of the product after over-shipment of the product by the seller. If the customer orders by internet then the seller will immediately confirm the entrance to the order on an electronic way. Meanwhile a contract acceptance cannot be seen in an ordering confirmation yet. The acceptance of the customer order is made by shipment of the ordering confirmation by e-mail at cash in advance. The ordering confirmation doesn't represent any contract acceptance at the other modes of payment yet but the dispatch of the product within five working days first.

The offers of the seller are without engagement and subject to confirmation. The ordered goods can insignificantly differ from the goods represented on the catalog or Internet due to the technically conditional representation possibilities, it can particularly come to color deviations or extended/reduced representations.

The delivery isn't carried out under the reservation in the case of not right or not proper self supplying or have to only partly do. This only applies to case that the non-delivery cannot be represented by the seller and this has completed a congruent hedging transaction with the supplier with the advisable care. The seller will make all reasonable efforts to obtain the product. The service in return of the customer otherwise is immediately refunded to it. In the case of the non-availability or the only partial availability of the product the customer is immediately informed.

§ 3 Participant

The seller concludes contracts with customers, which are

a) unrestrictedly competent individual persons and have the 18th year of life completed and which as well as

b) legal persons, legally responsible partnerships or individual businessman, in practice of her commercial or independent occupational activity the one at conclusion of the legal transaction (businessmen) trade. Customers according to these business relations are respectively both consumers and businessmen based place of residence or seat in the Federal Republic of Germany, a member state of the European Union or the Switzerland as well as other third party states.

§ 4 Language of contracts

The contract language is German.

§ 5 Revocation instruction

Right to cancel

You have the right to revoke this contract without giving reasons within fourteen days. The revocation period is fourteen days as of the day, named third party into possession who isn't the carrier, on which you or one of you have taken the last product or has the last product.

To exercise your revocation right, you have to send us (most-Arbeitsschutz, Zur Bergbrauerei 13, D-98716 Geraberg Germany, fax: +49 / 3677 / 791928, e-mail: s.eschrich@most-arbeitsschutz.de) by means of a clear explanation (e. g. a letter, telefax or e-mail, sent by mail) inform about your decision to revoke this contract. You can use the enclosed sample revocation form which isn't stipulated, however. It suffices that you mail the communication about the practice of the revocation right before expiry of the revocation period for the preservation of the revocation period.

Results of the revocation

If you revoke this contract, we have to repay you all payments including the delivery costs (with the exception of the additional costs which arise that you have chosen another manner of the delivery as the standard delivery which is offered by us and most favorable) immediately and latest within fourteen days, on which arrived the communication at it. We use the same means of payment for this repayment which you have used at the original transaction unless with you something else particularly was agreed on; considerations on no account are charged to you because of this repayment.

We can refuse the repayment unti we have had the returned goods again or until you have furnished the proof that you have returned the goods depending on which the earlier time is. You have to return or submit the goods immediately and in every case at the latest within fourteen days as of the day, at which you inform us about the revocation of this contract. The period is caught if you ship the goods before expiry of the period of 14 days. We don't bear the costs of the return of the goods.

You only must pay for a possible depreciation of the goods if this depreciation to explain a necessary size by one for the check of the composition, qualities and operation of the goods with them.

There isn't the revocation right

1. on delivery of goods, which isn't prefabricated and for the production an individual choice or determination is substantial by the consumer or which is tailored to the personal needs of the consumer obviously

2. on delivery of clay or video recordings or computer software in one sealed packet if the sealing was removed after the delivery

3. on delivery of newspapers and magazines with the exception of subscription contracts.

§ 6 Reservation of ownership

most-Arbeitsschutz reserves the property for itself at the product until the complete payment of the selling price.

§ 7 Compensation, delivery

All prices include the legal value added tax. In addition to the selling price transportation costs in the amount of EUR 6.90 (net) / EUR 8.21 (gross) arise. Packing costs are already included in this price (at cash on delivery plus COD charges in the amount of EUR 5.00 (net) / EUR 5.95 (gross)). As of an order value of EUR 500.00 (net) / EUR 595.00 (gross) most-Arbeitsschutz takes on the transportation costs for you within Germany. most-Arbeitsschutz delivers worldwide. You find the transportation costs for deliveries outside Germany here. The payment can be carried out by cash on delivery, invoice, cash in advance, credit card payment, Paypal as well as immediately transfer. The seller reserves for himself to exclude single modes of payment. We deliver at first order by cash on delivery or cash in advance. On deliveries by cash on delivery the customer pays in cash at delivery.

Subject to the self supplying the seller will provide a fast delivery within five working days. At delays in shipment we will immediately inform you. The delivery time is 4 - 6 weeks at measure makings and special products. If only a part of the order shouldn't immediately be deliverable, the remaining goods are delivered follow-up without renewed calculation of the transportation costs.

§ 8 Guarantee

8.1 The seller ensures that the products are free of material defects and on the right defects in accordance with § 434, 435 BGB at the time of the danger transition.

8.2 If delivered goods should show obvious material or manufacturing defects to which damages in transit also belong the customer is asked to query such faults opposite seller as soon as possible. The observance of this reprimand doesn't have any consequences for your legal claims, though. The legal regulations are valid in accordance with §§ 434 pp. 475.

8.3 The duration of the guarantee is two years. It starts with the entrance of the product at the customer.

8.4 In the case of the defect the customer can demand the elimination of the defect or the delivery of a defect free thing in accordance with § 439 BGB after his choice. The seller can refuse the follow-up fulfillment the manner chosen by the buyer in the context of the § 439 if it is possible only with disproportionately costs. Failure in the course of repairs to remedy a defect even at the second attempt the customer is entitled under § 439 BGB to demand delivery of a defect free item or to reduce the purchase price or rescind the contract. As for the rest § 437 BGB is valid.

8.5 With regard to possible claims for compensation because of defects of the things the legal regulations are valid.

8.6 It is prerequisite for the warranty claims that the defect hasn't arisen from an improper use or overtaxing. Shows itself a defect later since 6 months the customer has to proof the handing so first to lead that the thing was unsatisfactory at the transition. The seller is otherwise up to the proof to lead that the thing didn't show any material defects on handing over.

§ 9 Liability

Sellers, it management and it employees are liable to a positive demand injury, delay, impossibility, tortious act as well as and gross negligence for another legal justification (very pre-contractual injuries) at firm intention in cases. In the case that damages to life, health or body have arisen culpably in the case of the culpable injury of contractual cardinal duties (main contractual duties) or at malicious deceit as well as BGB in the case of a compensation entitlement in accordance with § 437 sub-paragraph 2 seller is liable on the legal scale. The liability for employees is limited by seller merely at an injury of cardinal duties on the typical, foreseeable damage. The idea of the cardinal duty is explained either second-handly or abstractly to the identification of a breach of duty which is described concrete and endangering the attainment of the contract purpose, essential as a duty whose fulfillment makes the proper execution of the contract possible in the first place and may trust on whose compliance with the news regularly.

§ 10 Choice of law

German law is applied to the facts of the case between seller and customers as well as to the respective business conditions. The application of the UN convention over treaties on the international goods purchase of 4-11-1988 is excluded.

The prominent determination has mandatory regulations of the right of the state in which the customer has his ordinary stay untouchedly if and as far as the customer the customer has concluded a sales contract, which cannot be classed with the professional or commercial activity of the customer (consumer contract) and if this one has carried out the sales contract's required on the right actions at the degree in the state of his ordinary stay.

Place of jurisdiction

If the customer is merchant according to the code of commercial law or a body of the public law this contract turns into Ilmenau / Arnsatdt as a place of jurisdiction for all disputes / agrees provided that an exclusive place of jurisdiction isn't given. The seller also is authorized, however, to sue the merchant at his residential or business domicile.

§ 11 Setting off / retention

There isn't a right of the customer to the setting off or retention unless the demand is established adv cps or finally legally.

§ 12 Data privacy protection

12.1 Your address is saved for a fast and fault-free processing in our IT. The treatment of the left data is carried out in agreement with the regulations of the Federal Data Protection Law as well as the Tele-Media Law.

12.2 We become a purpose of the risk weighting for Novalnet AG, Payment Institution (ZAG), Gutenbergstr. 2, 85732 Ismaning, which is found out the address and credit standing data saved in their database to your person inclusive such, on the basis of mathematical statistical methods , to make available provided that we have explained our legitimate interest credibly.

Indication for § 28 b no. 4 BDSG

We raise or use probability values to the purpose of the decision on the foundation, execution or completion of the contract relationship into whose calculation address data among other things flow.

12.3 To the postal consignment of informative material and for advertising purposes of our own we pass address data arranged if necessary on to our group and partner enterprises as well as to publishing companies.

You can contradicting any time the use processing and passing on of your data for advertising purposes by a communication by mail to the company most-Arbeitsschutz, Zur Bergbrauerei 13, D-98716 Geraberg Garmany, fax: +49 / 3677 / 791928 or e-mail to s.eschrich@most-arbeitsschutz.de.

Furthermore the customer has a right to information as well as a right to correction, inhibition and deletion of his stored data under the e-mail s.eschrich@most-arbeitsschutz.de. Provided that legal or contractual obligations of safekeeping stand contrary to a deletion, the data are closed.

You find further information about the protection of data privacy under protection of data privacy.

§ 13 Storage of the wording

The wording isn't stored with us and can't be called after completion of the ordering process any more.

§ 14 Platform for the online quarrel settlement

The EU commission provides a platform for quarrel mediation out of court as of February 15th, 2016. This gives consumers the possibility of at first clearing disputes in connection with your online order without the bringing in a court. The quarrel settlement platform is attainable under the external link http://ec.europa.eu/consumers/odr/.

standing: 02-11-2016

Imprint

This web shop is a publication of most-Arbeitsschutz. Misspellings and mistakes cannot become an assumed liability despite a careful check of the documents.

most-Arbeitsschutz

represented by

General Manager Sven Eschrich

Zur Bergbrauerei 13

98716 Geraberg

Germany

phone: +49 / 3677 / 791929

fax: +49 / 3677 / 791928

VAT-ID: DE254685636