General Terms and Conditions (GTC) of mash2 GmbH & Co. KG
(Only the german conditions applies. The english conditions serve only for better orientation.)
The promotional in the webshop of mash2 and sended or verbal offers by mash2 are not binding and represent only an invitation to make an offer to conclude a contract by the customers. A contract is only concluded by acceptance by mash2. If the customer sends an order via the webshop of mash2 or add a job to mash2 through personal contact or by mail or telephone, a contract is not concluded until subsequent written acceptance or acceptance via email by mash2.
Invoices, maturity and reminders
mash2 provides invoices only electronically and sends it to the customer, but all mash2 known e-mail addresses of the customer are allowed for the mailing. The invoice amount is due seven days after the invoice date, if at the time the invoice has already been received. To demonstrate the invoice delivery it is sufficient the proof of dispatch by mash2, unless mash2 received a notification of non-delivery of the email containing the invoice. If the customer fails the invoice amount by the due date, they will receive a request for payment of mash2. If the customer fails even to this request for payment, he has to pay to mash2 for each additional request for payment reminder fee in the amount of € 5.00.
If agreed between the customer and mash2 to collection the invoices by direct debit and mash2 will be charged with chargeback fees because the related customer’s account does not have sufficient coverage, the customer has to replace these chargeback fees to mash2.
Setting the contractual services
mash2 reserves the right to adjust its contractual benefits continuing permanent debt in the future. In this case mash2 announces the stop of its services by e-mail to one of the mash2 known customer e-mail addresses to a period of 3 months before stopping. The customer has no kind of rights of compensation.
Is the customer in arrears because of invoiced amounts, mash2 is entitled to discontinue its services upon notice of termination of 7 days and to cancel the contract with the customer.
mash2 liable only for damages which are due to an intentional or grossly negligent breach of duty of its legal representatives or agents, or for the slightly negligent breach of essential contractual obligations. In the latter cases, the liability is limited to typically predictable damages and excluded for indirect damages, consequential damages and lost profits. Moreover, the liability of mash2 is excluded. This disclaimer and the limitations do not apply for damages resulting from injury to life, limb or health caused by a negligent breach of duty by mash2 or a negligent or intentional breach of duty by a legal representative or agent of mash2. They also do not apply to fraudulently concealed defects and for liability under the Product Liability Act.
Choice of Law and Jurisdiction
For the obligations existing between the customer and mash2 only German lay applies to the exclusion of CISG. The exclusive jurisdiction for all disputes in connection with the obligations existing between mash2 and the customer is Brakel, provided that the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a public special fund. This exclusive jurisdiction does not apply to the enforcement proceedings. Mash2 remains entitled to sue the customer at his general jurisdiction.
Offsetting and Assignment
The customer may only offset undisputed or legally established claims. The customer may not assign its claims against mash2, listed claims in § 354a HGB remain unaffected.
Written form and final provisions
Modifications to the contents of the debt obligation between the customer and mash2 must be in writing, as well as an amendment of this clause be in writing. If a taken regulation in connection with the debt obligation between the customer and mash2 or any provision of these Terms is invalid, the other provisions remain valid. mash2 is entitled to change the Terms, which are included in the contract at any time. The change in the Terms shall be deemed accepted if the customer does not contradict to the change viy email to [email protected] within 6 weeks.
In case of contradiction mash2 is entitled to terminate the contractual relationship between the user and mash2 with an ordinary period of two weeks.
mash2 GmbH & Co. KG
tel: +49 (0) 571 7846290