Conditions of Use
Billing and invoicing is carried out in the name of MINOX GmbH, Germany.
1.1 These conditions are valid for all orders placed in this online shop, including future orders even if special reference is to be made to them in exceptional cases, until the customer receives notification from MINOX of a new version of the company's General Sales and Delivery Conditions. For deliveries and services by MINOX Technical Services, special conditions apply.
1.2 Orders become effective only upon order confirmation by MINOX.
1.3 Customers' general conditions of business, which deviate from the MINOX General Sales and Delivery Conditions are only valid if they have been confirmed by MINOX in writing.
2.1 All prices listed are the relevant MINOX prices listed in Euros.
2.2 Calculations are made on the basis of the prices and conditions valid on the day of delivery. MINOX reserves the right to make changes with regard to these.
2.3 The German value added tax of 19% is included in all prices listed in the MINOX Online Shop.
3. Packaging / Dispatch / Risk / Transport insurance
3.1 The costs for packaging and delivery to the customer's receiving address will be carried by the customer.
3.2 For all deliveries, the risk is transferred to the customer as soon as the order is loaded for transport. If the delivery is delayed per request of the customer, the risk is transferred to the customer at that moment when MINOX is ready to deliver.
3.3 MINOX insures within the standard coverage for general transportation risks, on account and in the interests of the customer. Upon delivery, the customer must identify the amount and type of damages or loss and have it confirmed in writing by the carrier or postal worker making the delivery, and refuse to accept the delivery without such confirmation. For damages discovered when unpacking, the goods must be left as found in the packaging and the carrier must be requested to determine the damage and accept responsibility. The customer will notify MINOX of such damages or loss without delay by sending the documents required for damage settlement. Only then is the customer entitled to make insurance claims.
3.4 For deliveries in non-EU countries, various customs, taxes and extra fees may be incurred. Please inform yourself before placing your order.
4. Payment Conditions
4.1 MINOX deliveries are payable immediately.
4.2 The customer can either pay by credit card (Visa and Eurocard/Mastercard) or cash on delivery (Germany only).
4.3 The customer's credit card is debited once the order confirmation is received by MINOX.
4.4 The customer's credit card is debited by MINOX upon receipt of order confirmation. If the customer chooses to pay cash on delivery, the goods can be paid either in cash or cheque upon delivery by the courier company hired by us. MINOX charges a fee of 15,00 Euros for cash on delivery payments. Cash on delivery payments are only possible up to an order value of 2,500.00 Euros.
4.5 The minimum order value is 20.00 Euros.
4.6 Outside of Germany, delivery fees include postage and packing in accordance to weight and recipient country.
5. Reservation of ownership
5.1 The goods delivered remain the property of MINOX (conditional commodities) until all outstanding debts and additional claims by MINOX, including future claims, which may arise from the business relationship with the customer, have been settled. For open accounts, reservation of ownership is applicable as a security for the relevant outstanding balance.
5.2 The customer may only dispose of conditional commodities in the course of ordinary business. Other types of disposal, including mortgaging or assigning as security, are not permitted.
5.3 Any claims arising in connection with further disposal or other cause in law are to be transferred to MINOX by the customer as a security. The customer can call in the transferred claims, however MINOX can withdraw this authority at any time. Upon request, MINOX will release conditional commodities to the extent that their value exceeds MINOX's outstanding claims by more than 20%; MINOX is entitled to make the selection.
5.4 The customer must pay for adequate standard insurance (particularly against theft, fire and water damage) for conditional commodities. Proof of this insurance is to be provided to MINOX upon request.
5.5 If the customer falls into payment arrears or there are serious doubts over his ability to pay, MINOX can demand the return of conditional commodities at the customer's expense.
5.6 MINOX is to be immediately informed of the institution of court settlement or bankruptcy proceedings, before attachment or before other access by third parties to the conditional commodities. The customer will bear the costs of removing the access by third parties.
6.1 MINOX makes every effort to meet the agreed delivery date. If, for reasons of force majeure or other circumstances beyond MINOX's control, the date cannot be met, it will be extended by the duration of the delay.
6.2 Partial deliveries and corresponding partial invoices are permitted, if the customer does not explicitly refuse partial delivery.
7.1 The products supplied by MINOX are manufactured and tested in accordance with particular quality regulations. A guarantee is provided to the end user in accordance with the relevant MINOX guarantee conditions.
7.2 To the customer, MINOX provides a warranty for defects or incorrect deliveries and quantities in accordance with the following rules:
7.2.1 Complaints will only be considered if MINOX receives a written notification within ten working days of the goods being received. Defects, incorrect deliveries and quantities, which cannot be detected despite proper investigation, will be considered by MINOX, so long as MINOX receives written notification within ten days of discovery, but not later than six months after delivery.
7.2.2 Items with a complaint against them are to be returned to MINOX immediately upon request.
7.2.3 Within the framework of the guarantee, MINOX will remove any defects by repair, exchange of defective parts or exchange for an identical, perfect product. In case of failure of the improvements or replacement, the customer can choose to request a reduction in the purchase price or cancellation of the order.
7.2.4 Claims under guarantee are, in every case, to be ruled out, insofar as damage can be attributed to improper handling or to alteration of the product, which has been carried out by the customer, the end user or third parties, or insofar as damage is based on use of the product which is contrary to the conditions or unusual.
7.2.5 Illustrations, drawings and other descriptions of the goods in MINOX advertising and information materials, as well as the data they contain, are only to be viewed as approximate. Alterations and deviations, which do not impair the functionality of the products, and are reasonable for the customer are not an entitlement to make a complaint or withdraw the order.
7.2.6 For replacement goods, the same rules are applicable as for the original delivery.
8.1 Goods may only be returned if MINOX has expressly requested this or if MINOX has declared itself, in advance and in writing, to be in agreement with the return. For returns, it is essential that the invoice number, invoice date and account or card number are provided.
8.2 For goods returned without authorisation, MINOX will not give a credit note or recognise any extra charges. These goods will be returned to the customer carriage forward.
8.3 MINOX will, in principle, refuse to agree to returns of spare parts and goods which, on order, have been made or altered to deviate from the normal design, which have the customer's name plate or other markings, or which are no longer brand new or were delivered more than four months after receipt of order.
9. Final Provision
9.1 Rights of the customer to retention are ruled out, insofar as they are not based on the same contractual relationship. The customer can only make charges if his counter claims have been determined uncontested or with legal force.
9.2 Claims against MINOX can only be transferred with the written agreement of MINOX.
9.3 MINOX stores the customer data required to do business in its data processing system.
9.4 If one of the conditions is or becomes invalid, the validity of the remaining conditions is not affected. In such a case, MINOX is obliged to replace the invalid condition, insofar as is legally possible, with a valid condition whose content and effects are as close as possible to those of the invalid condition.
10. ODR Regulation
Under the ODR Regulation, the European Commission has established the following European Online Dispute Resolution platform (ODR platform) to offer an alternative procedure to resolving disputes outside a court: http://ec.europa.eu/odr.