General Terms and Conditions of Mirapla GbR

Validity of the Conditions


All deliveries, services and offers are made exclusively on the basis of these terms and conditions. These apply as exclusively agreed upon by the placing of an order or acceptance of the services or delivery.


Prices


Offers contained in catalogues, brochures, advertisements, etc. are subject to change and non-binding, also with regard to price information. We are bound to specially prepared offers for 30 calendar days.


delivery times


Shipping is usually within 1 week of receipt of order.
Separate, order-related services such as special filling and packaging of the products require a longer delivery time, depending on the order volume. Specified delivery dates will be taken into account as far as possible. If we are in default, the buyer can withdraw from the contract in accordance with the following provisions: The duration of the grace period to be set by the buyer by law is set at 6 weeks, which begins when the seller receives the grace period. Compensation for damages due to non-performance is excluded. The extended liability according to 287 BGB is excluded.


Shipment


Shipping is done by Mirapla GbR.

Shipping can be done by our partner "R&G Faserverbundinstrumente GmbH".


Warranty and liability


If the delivery item is defective or if it lacks important guaranteed properties or if it becomes defective within the warranty period due to manufacturing or material defects, we shall, at our discretion, deliver a replacement or repair the item to the exclusion of other warranty claims by the buyer - in particular to the exclusion of any consequential damage by the buyer. Multiple rectifications are permitted.


Any recommendations for use are merely examples of what experience has shown that our products can be used for, but are not binding assurances. It is the responsibility of the user to decide whether the selected product is actually suitable for the intended application. We reject any liability for damage caused by improper use of our products.


Unless otherwise agreed, the warranty period is 6 months and begins on the date of delivery. The buyer must check the shipment for completeness and obvious defects immediately upon arrival. Obvious defects must be reported to us in writing immediately, at the latest within 2 weeks after delivery. The defective delivery items are to be kept ready for inspection by the seller in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty claims against us. Losses or damage during transport are to be reported by the buyer to the carrier and to be certified before taking over the goods (statement of facts by parcel service, post, rail, forwarding agent).
If the repair or the replacement delivery fails after a reasonable period of time, the buyer can choose to demand a reduction in payment or cancellation of the contract. The above regulations do not apply to used items - these are supplied with no warranty whatsoever. Claims for damages due to impossibility of performance, non-performance, positive breach of contract, culpa in contrahendo and tortious acts are excluded, unless the action was intentional or grossly negligent.


Best before date (MHD)


We indicate an MHD on many products. This information is purely voluntary and only serves as an indication. Resins and hardeners do not have a strictly limited expiry date like food, for example.
We guarantee the shelf life of a product up to the specified best before date, provided the product has been stored properly, i.e. at appropriate temperatures, protected from sunlight (UV) and in the unopened original container.
However, this does not release the buyer from checking the suitability of our products for their own application.


retention of title


We reserve ownership of the delivered goods until all claims that we are entitled to against the buyer for any legal reason now or in the future have been fulfilled.
The buyer may not dispose of reserved goods. If third parties - especially bailiffs - access the reserved goods, the buyer will refer to our ownership and notify us immediately.
The buyer bears the costs and damage. If the buyer behaves in breach of contract - especially in the event of default of payment - we are entitled to take back the goods subject to retention of title at the expense of the buyer.


return


You can return all products that you have purchased from Mirapla to us within the following periods from receipt of the goods:


- perishable products such as polyester resins, polyurethane resins, MMA adhesives, PrePregs 14 days
- all other products, including epoxy resins, 30 days


You bear the direct costs of returning the goods.

More information on revocation

payment


Delivery takes place against PayPal or on account (assuming creditworthiness).
Shipping abroad is against prepayment by bank transfer/PayPal.
If the buyer is in arrears with his payments, we are entitled to charge interest at the rate charged by commercial banks for open overdrafts - but at least 4% above the Bundesbank discount rate. Interest is due immediately.
If the customer does not meet his payment obligations, in particular if he does not cash a check or stops making payments, or if we become aware of other circumstances that call into question the creditworthiness of the buyer, we are entitled to invoice the entire remaining debt, even if we accepted checks. In addition, we are entitled to demand advance payments or security deposits for all other amounts, as well as to withdraw from these contracts after a reasonable period of grace or to demand damages for non-performance.
The buyer is only entitled to offset if the counterclaim is undisputed or has been legally established.


Fulfillment and jurisdiction


Place of performance and place of jurisdiction for deliveries, services and payments as well as any disputes is the place of residence of the buyer. If the buyer is a registered trader, a legal entity under public law or a special fund under public law, Stuttgart is the agreed place of jurisdiction.
This agreement also applies if the buyer does not have a general place of jurisdiction in Germany, relocates his domicile or usual place of residence abroad after conclusion of the contract or his domicile or place of residence is not known at the time the action is filed.


Contract changes and partial invalidity


Additional or deviating agreements must be in writing and only then become part of the contract. Should one or more of the above provisions be or become ineffective, the effectiveness of the others will not be affected. The ineffective provision is to be replaced by an effective one that realizes the intended economic purpose as far as possible. The headings only serve to provide a better overview and have no material meaning, in particular not that of a final regulation.


Data protection


Alternative Dispute Resolution


The EU Commission provides a platform for online dispute resolution on the Internet under the following link:http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.


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