Shipping and payment terms
- Validity of the delivery and payment conditions
- Deliveries, services and offers are made exclusively on the basis of these delivery and payment conditions. These also apply to all future business relationships.
- Any conflicting terms and conditions of the buyer are hereby contradicted.
- Offer and conclusion of contract
- Our offers are subject to change.
- Declarations of acceptance and orders are only legally effective if they are confirmed by us in writing or if we actually fulfill the orders.
- Delivery of the goods
- Our current lists and offers apply with regard to the minimum order value and proportional freight costs.
- If a delivery deadline is culpably exceeded, delivery will only be delayed after a reasonable grace period has been set.
- As long as the buyer is in arrears with a liability including default interest, our delivery obligation is suspended.
- Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's obligation. The exception of the unfulfilled contract remains reserved.
- If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to withdraw from the contract and/or to demand compensation for the damage we have incurred, including any additional expenses. Further claims remain reserved.
- If the requirements of paragraph (5) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor.
- Payments
- Our invoices are due without deduction immediately after the invoice is issued and are payable net within eight days by direct debit.
- The insertion of bills of exchange or checks requires our consent. Expenses are borne by the buyer.
- Mitz24.com collects the invoice amount from the customer's PayPal account immediately after receipt of the order using the PayPal payment method.
- Late payment and set-off
- If the buyer defaults, we are entitled to charge default interest of 8% above the respective base interest rate from the relevant point in time. We reserve the right to assert further damages, particularly in the event of non-acceptance of ordered goods.
- Only undisputed or legally binding claims entitle the buyer to set off. However, the buyer is also entitled to retention due to counterclaims arising from the same contractual relationship.
- In the event of late payment and reasonable doubts about the buyer's solvency or creditworthiness, we are entitled - without prejudice to our other rights - to demand security or advance payments for outstanding deliveries and to make all claims arising from the business relationship due immediately. If the customer does not provide the required securities or advance payments within a reasonable period set by us, we are entitled to withdraw from the contract.
- If the ordered goods are not accepted, we are entitled to withdraw from the contract after the delay in acceptance occurs. In this case, flat-rate compensation of 50% of the original delivery value is due. Further claims remain reserved.
- Warranty and obligation to make complaints
- The buyer must immediately inspect the delivered goods upon receipt for defects in terms of quality and intended use, otherwise the goods are deemed to have been approved. If necessary and reasonable, trial processing must be carried out.
- Complaints will only be taken into account if they are made in writing immediately and at the latest within eight days. Hidden defects must be reported in writing immediately after discovery, but no later than six months after receipt of the goods.
- Our warranty is limited to replacement delivery, conversion, reduction or repair at the seller's discretion. Goods complained about may only be returned with our written consent.
- Retention of title
- The goods sold remain our property until all claims arising from the business relationship with the buyer have been paid in full, including all balance claims from current accounts. The buyer is authorized to dispose of the purchased goods in the ordinary course of business.
- The retention of title also extends to the products created by processing, mixing or combining our goods at their full value, whereby we are considered the manufacturer. If the right of ownership remains intact when processed, mixed or combined with goods from third parties, the seller acquires co-ownership in proportion to the goods processed.
- The buyer now assigns the claims arising from the resale to us as security in their entirety or in the amount of our co-ownership share. He is authorized to collect these for our account until revocation or suspension of his payments to us.
- The goods and the claims replacing them may neither be pledged to third parties nor transferred or assigned as security until our claims have been paid in full. The buyer is not authorized to assign, not even by way of factoring. Access by third parties to goods and claims belonging to the seller must be reported to the buyer immediately in writing, verbally, by telephone or via internet connection (email). This applies in particular in the event of the buyer becoming insolvent. In this case, all goods delivered by us, already paid for and still in the buyer's possession will be transferred back to us. The insolvency debtor waives any objection against us. This applies within the framework of the legal provisions. Our goods, like the returned goods, are subject to special rights. An assessment of the returned goods takes place according to our specifications.
- We undertake to release the securities to which we are entitled at the customer's request to the extent that the realistic value of our securities does not exceed the claims to be secured by more than 10%. It is our responsibility to select the securities to be freely granted.
- Fulfillment and jurisdiction
- The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for shipping. If shipping becomes impossible through no fault on our part, the risk passes to the buyer upon notification of readiness for shipping.
- Place of jurisdiction and applicable law
- If the buyer is a registered merchant in the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
- The law of the Federal Republic of United Arab Emirates applies to these terms and conditions and the entire legal relationship between seller and buyer.
- For cross-border sales contracts, UN Sales Convention (CISG, convention on contracts for the international sale of goods) does not apply as long as United Arab Emirates law is applicable.
- Warranties and Claims of Third Parties
- All items sold by Mitz24.com are intended for sale in United Arab Emirates. For deliveries to other countries, the buyer is obliged to indemnify us against third-party claims upon written request.