Manu Systems AG
Standard Terms & Conditions for the Sale of Goods to Consumers
(Version dated 8 July 2016)
Article 1 Contract partners
Your purchase contract is with the Seller: Manu Systems AG, a public limited company, established under the laws of the Federal Republic of Germany registered at Amtsgericht Regensburg HRB 10668 with its offices in Franz-Mayer-Str. 1, 93053 Regensburg, GERMANY, Phone +49 941 46297290. Fax +49 941 46297299, and its members of the Management Board Marco Reichel (Chairman), Bernd Worsch and its Chairman of the Supervisory Board Martin Arnold legally represented by Marco Reichel, VAT identification number: DE232244554.
Buyer means the organisation or person who buys Goods from the Seller.
Article 2 General
These Standard Terms & Conditions for the Sale of Goods shall apply to all contracts for the sale of goods between Manu Systems AG and consumers.
Article 3 Contract Conclusion
The presentation of products in our online shop is not a legally binding offer, but a non-binding online-catalogue. By clicking the order button, you enter a binding order in the shopping cart. The confirmation of receipt of your order will be sent automatically and immediately via E-mail and does not constitute an acceptance of the order.
A written offer is as invitatio ad offerendum legally non-binding.
A contract is closed by the order and the delivery or by the order and the order confirmation.
Article 4 Contract Language
Usually the contract language of the Seller is German. The contract language is only English when the contract is concluded in English.
Article 5 Right of revocation
In the case of an agreement that is concluded exclusively via telecommunications media, the consumer shall be entitled to revoke his or her declaration of intent to enter the agreement within a period of 14 days following the receipt of goods. This revocation need not be for cause and must be declared in writing to
Manu Systems AG
Fax: +49 941 46297299
Effect of revocation
If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (except for the additional costs arising from the fact that you chose a different method of delivery than that the standard one offered by us), and repay immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this agreement with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will be charged fees for such repayment.
You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods when such loss in value is due to a necessary to ascertain the nature, characteristics and functioning of the goods dealing with you.
For goods which cannot be normally returned by post, by their nature and which are labeled as such in the bill as bulky: We pick up the goods.
For all other goods: We may withhold reimbursement until we have received the goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to send back the goods promptly and in any event not later than fourteen days from the date on which you notify us of any cancellation of this contract, to
Manu Systems AG
The deadline is met if you send the goods before the expiry of the period of fourteen days.
End of revocation instruction
Article 6 Delivery
If the delivery time limit is exceeded, the Buyer shall be entitled to legal remedies only after the Buyer has given the Seller a reasonable time to cure.
The Seller is not liable for damages resulting from the failure to timely deliver in so far as such failure is a result of circumstances beyond the control of the Seller or which cannot be overcome by the Seller using its commercially reasonable efforts, in particular because of natural disaster or other cases of force majeure, governmental interference or employment disputes.
Article 7 Sales Price, Terms of Payment
The Sales Price is exclusive of any value added tax applicable within the European Union.
The Buyer shall pay the price before delivery.
Payments shall be effected by interbank payment transaction only; no cheque or bill of exchange will be considered as fulfilment of the payment obligation.
If payment is not made when due, Seller shall be entitled to interest on the Sales Price at a rate of 8 % per annum or to compensation for damages resulting from the payment delay, if greater.
The 1st reminder is free of charge for the customer. The reminder fee for the 2nd and 3rd reminder is each 10, - gross.
Article 8 Retention of Title
The Seller retains title to the Contract Product until complete payment of the Sales Price and additional claims, if any, is made.
Article 9 Warranty
The Seller warrants that all items delivered under this agreement will be free from defects in material and workmanship, confirm to applicable specifications, and, to the extent that detailed designs have not been furnished by the buyer, will be free from design defects and suitable for the purposes intended by the buyer. The seller shall not be liable for the Goods being fit for a particular purpose unless otherwise agreed upon, to which the buyer intends to put them. This warranty does not cover defects in or damage to the products which are due to improper installation or maintenance, misuse, neglect or any cause other than ordinary commercial application.
The Buyer shall examine the Goods and in doing so check every delivery in any respect. Any claim by the buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified in writing (E-mail: firstname.lastname@example.org, Fax: +49 941 46297299) to the seller within a reasonable time from the date of delivery. The claim of missing pieces or transport damages has to be communicated immediately, latest within one week after receipt of the goods.
In case of hidden defects the notification has to occur immediately upon discovery of the hidden defect.
The warranty period is two years from receipt of goods.
The Buyer is entitled to demand the delivery of any substitute Goods or repair.
Where any valid claim in respect of any Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the seller in accordance with these Conditions, the seller shall be entitled at the sellers sole discretion to either replace the Goods free of charge or repair the goods. If the Seller is neither ready nor able to either repair or replace the goods the buyer shall be entitled at the Buyers sole direction to claim for a reduction of price or the cancellation of the contract. The cancellation is excluded if the defect is minor and insignificant.
Article 10 Written Form, Partial Unenforceability
Any amendments or additions to, or the bilateral termination of, this agreement must be in writing. Notices delivered via facsimile or other means of electronic transmissions shall satisfy the requirement of writing. The same shall apply to any other declarations of the parties that are necessary for the substation, assertion or exercise of their rights.
Should any one or more of the provisions of the Sales Contract be unenforceable, the parties shall agree on a replacement provision that comes as close as possible to the commercial meaning and purpose of the unenforceable provision.
Article 11 Jurisdiction
The competent court of the domicile of the Seller shall have jurisdiction over all disputes in relation to a Sales Contract. Each contracting party is also allowed, however, to bring an action against the other contracting party in the jurisdiction generally applicable to such other contracting party.
Article 12 Applicable Law
An international Sales Contract shall be governed by national law of the Seller without the inclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Version: 8 July 2016