General Terms and Conditions
1. Scope of application
(1) This web store is only intended for original equipment manufacturers (OEMs) and provides them with the possibility to cover their engineering demands for the goods offered in the web store. We do not sell to private persons or resellers. We only sell and ship goods to companies which are located in the countries which can be selected in the registration form. We retain the right to request a proof of business (extract from the company register) before confirming incoming orders.
(2) These General Terms and Conditions apply to all orders placed by the respective customer through this web store. MCTX Mobile & Embedded Computers GmbH shall provide all deliveries and services exclusively according to these General Terms and Conditions, in the version valid at the point of time at which the order is placed. Any provisions deviating from these Terms and Conditions shall not apply, unless MCTX and the customer have agreed to the same in writing or the same have expressly been stated in these General Terms and Conditions. General Terms and Conditions of the customer shall not apply.
2. Registration
Customers intending to place an order via the web store for the first time are required to register first. For this purpose, the registration form must be filled out completely by the customer. The customer guarantees that any information provided by him, particularly that on his professional or self-employed activity, is true and complete. The customer shall inform us on any change in these data without any delay.
3. Password
Every customer indicates a user name in the registration form and, furthermore, chooses a password for himself. Orders may be placed only if both the user name and the password are indicated. The customer is obliged to protect both the user name and the password from unauthorized access by third parties.
4. Conclusion of contract
(1) Any order placed by a customer constitutes a binding offer. The contract is concluded with the delivery of the goods ordered or beforehand if the customer receives an order confirmation. The delivery of goods ordered or the sending of an order confirmation is usually carried out within 10 working days. The electronic confirmation of receipt the customer receives after having sent the order does not constitute a confirmation of order, but only confirms that the input mask has been filled out completely and that the order has been received by MCTX Mobile & Embedded Computers GmbH.
(2) MCTX Mobile & Embedded Computers GmbH shall reserve the right to cancel an order even if a potential order confirmation has been sent to the customer separately (reservation of the right to rescind), should the customer not have been supplied with the goods at all or properly or in due time by the manufacturer or the pre-supplier, and if MCTX Mobile & Embedded Computers GmbH was not aware of these circumstances when sending the order confirmation and if, in addition, it is not responsible.
(3) Modifications and errors in online-shop pricing remain excepted. The pictures shown are similar to the actual goods ordered.
5. Payment
(1) All prices indicated are shown as net prices (without VAT). The prices to be paid by the customer will additionally include VAT. This also applies to the shipping fees indicated in the shipping-fees table. Payment is made as advance payment, without any discount. Delivery is carried out upon receipt of the full amount.
(2) Should the customer fail to pay despite the amount being due, the amount in question plus 8% interest above the applicable base rate of interest shall fall due according to Article 247 Section 1 BGB (German Civic Code).
6. Reservation of proprietary rights
All goods delivered remain the property of MCTX Mobile & Embedded Computers GmbH until all liabilities from the respective business relationship have been fully paid.
7. Delivery – stipulation of delivery time
We shall deliver the goods to you as soon as possible. This shall apply on condition that we can procure the goods properly and in due time ourselves and that we cannot be held responsible for any unavailability of goods. MCTX Mobile & Embedded Computers GmbH is obliged to inform the customer about any unavailability without delay and to immediately refund payments that might already have been made by the customer.
We are entitled to commission a third party to provide delivery.
8. Place of fulfillment
The place of fulfillment is 79288 Gottenheim, Germany.
9. Claims for defects
The customer shall be obliged to check the goods for obvious defects, including defects caused by transport, immediately upon receipt and to inform MCTX Mobile & Embedded Computers GmbH about any defect or damage via e-mail to the following address: service@mctx.de. The warranty period is one (1) year from the date of delivery of the goods. Within this warranty period, MCTX Mobile & Embedded Computers GmbH shall have the right to decide to either deliver a substitute without charge or to provide rework services. Should it fail to deliver a substitute or provide rework services, the customer has the right to demand a price reduction or to choose to withdraw from the contract.
10. Product use limitations
MCTX Mobile & Embedded Computers GmbH expressly points out that the products and services supplied by it are not suitable for use in security systems, military systems, nuclear technology, aerospace applications and medical devices, unless otherwise agreed in writing.
11. Liability
Liability on the side of MCTX Mobile & Embedded Computers GmbH, whether caused by a violation of a contractual obligation or an unlawful act, is conclusively determined by the following provisions:
(1) MCTX Mobile & Embedded Computers GmbH shall be held liable without limit towards its customers for damage resulting from a culpable violation of life, body or health. For any other damage MCTX Mobile & Embedded Computers GmbH shall be held liable only if the damage was caused deliberately or through gross negligence by MCTX Mobile & Embedded Computers GmbH, their legal representatives or vicarious agents.
(2) MCTX Mobile & Embedded Computers GmbH can furthermore be held liable for slight negligence regarding contractually essential obligations (obligations the fulfilling of which enable the contract to be fulfilled properly in the first place and which the customer may rely on regularly). Should a contractually essential obligation have been violated through slight negligence, the amount to be paid for the liability on the side of MCTX Mobile & Embedded Computers GmbH shall be limited to damage typical of such contracts the arising of which can usually be reckoned with in the event of damage.
Unless otherwise stipulated in any given case, the sum to be paid in liability shall amount to twice the value of the goods in question.
(3) Any liability on the side of MCTX Mobile & Embedded Computers GmbH according to Article 14 of the German Product Liability Law shall remain unaffected by this provision.
12. Data privacy
In accordance with the applicable data privacy laws, the data submitted to us (name, address, e-mail address, phone and fax number) shall be collected, processed and used only within the scope in which this becomes necessary for the creation of a basis for or the definition or alteration of the contractual relationship or its fulfillment, or for giving proof of the provision of the services owed as stipulated in the contract between the customer and MCTX Mobile & Embedded Computers GmbH. If necessary, we shall forward the data provided in connection with the electronic order directly to the distributor commissioned by us by electronic means in order to achieve as fast a delivery as possible of the goods ordered.
The customer agrees that his data shall, to the extent indicated above, be collected, saved and forwarded by MCTX Mobile & Embedded Computers GmbH (also through cookies). The customer has the right to revoke his agreement at any time and without the indication of reasons. Any such revocation shall be made in writing to the following e-mail address: service@mctx.de.
When subscribing to the newsletter we shall save your e-mail address for the purpose of advertising and market research until you decide to unsubscribe from the newsletter.
13. Export Control
You acknowledge that Product may include technology and material which is or may become subject to US and EU export control laws and laws of the country where it is delivered or used. You must abide by all these laws. Product may not be sold, leased or transferred to restricted/embargoed end users or countries or to/for a user involved in weapons of mass destruction or genocide without the prior consent of the US or competent EU government. You understand and acknowledge that US and EU restrictions vary regularly and depending on Product, and that therefore you must refer to the current US and EU regulations.
14. Offset, retention
The customer has the right to offset or retain goods only if a claim is uncontested or non-appealable.
14. Applicable law, place of jurisdiction
The provisions of German Law, under exclusion of the Convention on Contracts for the International Sale of Goods, apply to the legal relationship arising from any order. Exclusive jurisdiction for all cases of litigation arising from this contractual relationship shall be Freiburg/Breisgau (Germany). However, MCTX Mobile & Embedded Computers GmbH has the right to advance any claim also at the court of jurisdiction of the customer’s registered address.
15. Severability clause
In the event that any provision hereof is or becomes invalid, all other provisions shall remain in full force and effect. Both parties to the contract shall be obliged to agree on a provision that comes closest to the initial economic purpose of the invalid provision as possible; this shall apply, to the same limit, to loopholes also.