I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Macnotec GmbH) via the Internet platform ausmachine-gasfedern.de. Unless otherwise agreed, the inclusion of any own terms and conditions you may use is objected to.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

(2) If an article is posted by us on ausmachine-gasfedern.de, the activation of the offer page ausmachine-gasfedern.de constitutes a binding offer to conclude a contract under the conditions contained in the article page.

(3) The contract is concluded via the various online purchase functions (insofar as offered on the respective article page) as follows:

a) Purchase via the "Add to cart" function
By clicking on the "Add to Cart" button on the item page, the goods intended for purchase will be placed in the "Shopping Cart". The "shopping cart" will then be displayed. Alternatively, you can use the corresponding button (shopping cart symbol) in the navigation bar to access the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Checkout Now" button in the shopping cart view, you can log in to your existing account or create a new account first. In the next step, you will be taken to the query mask "Sent to", in which your stored personal data has already been entered. Below you can select the payment method.

If provided by us, you can alternatively place the order as a guest by clicking on the corresponding button. In the next step, enter your personal data in the query screen "Dispatch to" and select the payment method.

The order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as a payment method, you will either be directed to the order overview page on the ausmachine-gasfedern.de website or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, select or enter your data accordingly.

Finally, on the website of the provider of the instant payment system or, after you have been redirected back to ausmachine-gasfedern.de, on the website of ausmachine-gasfedern.de, you will be shown the order data as an order overview.

Before submitting the order, you have the option of checking the information in the order overview, changing it (also via the "back" function of the Internet browser) or cancelling the order.
By submitting the order via the corresponding button ("Buy", "Buy now", "Pay now" or similar designation), you declare your acceptance of the offer in a legally binding manner, which concludes the contract.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, which is partly automated. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as the claims are arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall also apply:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of title by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. They are also authorised to collect the debt. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the collateral to which we are entitled at your request to the extent that the realisable value of our collateral exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.

§ 4 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will have no effect on your statutory warranty claims.

(3) Insofar as you are an entrepreneur, the following shall apply by way of derogation from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed to have been agreed, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we shall provide warranty by means of rectification or subsequent delivery at our discretion. If the remedy fails, you can demand a reduction or withdraw from the contract at your option. After an unsuccessful second attempt, the remedy of the defect shall be deemed to have failed, unless otherwise indicated, in particular by the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is two years from the date of delivery of the goods. The shortening of the deadline does not apply:

- culpable damages attributable to us resulting from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual use and which have caused its defectiveness;
- in the event of legal recourse claims that you have against us in connection with rights to defects.

§4.1 WARRANTY STATEMENT
§ 4.1.1 Territorial scope

This warranty statement applies exclusively to warranty products that are used within the European Union, regardless of whether the user has his or her place of residence or place of business inside or outside the European Union.

§ 4.1.2 Material scope

This warranty statement applies exclusively to the goods and products manufactured under the Ausmachine brand.

§ 4.1.3 Warranty

A warranty is granted in addition to the legal claims to which customers are entitled due to defects (warranty). In the warranty area (§ 1), we guarantee the flawless quality and functionality of the warranty goods (§ 2), but only within the warranty period (§ 4) and only in accordance with the scope of the warranty (§ 5). Flawless quality and functionality is what we publish in our product descriptions for the respective warranty goods.

If warranties are advertised, the details can be found in the terms and conditions of the warranty. In the event of defects in the delivered object of purchase or the purchased mechanical product, you are entitled to the statutory warranty rights. Your statutory warranty claims are not limited by a guarantee.

§ 4.1.4 Warranty period

The warranty period is 24 months, the warranty declarations in the respective product descriptions are decisive. It begins with the delivery from the workplace to the parcel service, the date of the delivery note/invoice is decisive.

§ 4.1.5 Scope of Warranty

If, in exceptional cases, a defect occurs, Macnotec GmbH will, at its option, repair or replace the product or refund the purchase price of the product. The product can be exchanged for the same model as well as for a model with at least comparable equipment. This can be a product that has been prepared according to the manufacturer's specifications, which corresponds to a new product in terms of performance and functionality. The replacement or repair of the product does not create a new warranty. All exchanged old products and parts become the property of Macnotec Ltd. Further claims are excluded. This applies to
in particular for claims for damages, regardless of the legal basis on which they are based. The exclusion does not apply in the event of injury to life, limb or health, in the event of intent and gross negligence, product liability and in the event of a breach of essential obligations that jeopardise the achievement of the purpose of the guarantee.

(2) The following are excluded from the scope of the warranty:

a) natural wear and tear on gas springs
b) Damage caused by improper use, improper handling
c) Damage due to extreme climatic conditions or environmental factors (gas spring operating temperature range: -30°C to 80°C)
d) Damage due to improper

e) Damage due to deviations from the standard version requested by the user (such as special versions)
f) Damages due to intentional or grossly negligent behaviour of the user

§ 4.1.6 Final Provisions

This declaration of guarantee and its implementation are subject to the laws of the Federal Republic of Germany to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods, insofar as an exclusion is legally permissible. The place of jurisdiction for all disputes arising out of or in connection with this warranty declaration is, to the extent permitted by law, Stuttgart.

§ 5 Choice of Law

(1) German law shall apply. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer's country of habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Macnotec GmbH
Ulmer Str. 300 A
70327 Stuttgart
Germany
Phone: +49 (0) 711 935 602 82
E-mail: info@macnotec.de

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The language of the contract is German.

3.2. We do not store the complete text of the contract. Before submitting the order, the contract data can be printed out via the print function of the browser or saved electronically. After we have received the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.

5.3. Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under an appropriately designated button on our website or in the respective offer.

If indicated in the online ordering process, you can also use Apple Pay and/or Google Pay as payment methods.

5.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The terms and conditions of delivery, the delivery date and, if applicable, any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

Unless otherwise specified in the respective offer or under the corresponding button, the delivery of the goods will take place within 3-5 days after the conclusion of the contract (but in the case of agreed advance payment, only after the time of your payment instruction).

6.2. Insofar as you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping is at your risk.

7. Statutory Liability for Defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

last update: 04.10.2023

8. Return Requests

Consumers have the right to return the item under the conditions set out below.

-We accept returns and exchanges from customers within 30 days of the original invoice date. For returns and exchanges. If the product is returned, the shipping cost will be deducted from the amount you paid.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)

- To Macnotec GmbH, Ulmer Str. 300 A 70327 Stuttgart, e-mail address: info@macnotec.de :

- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notified on paper)
-Date

(*) Delete as applicable.

9. Cookies
9.1 Use to ensure ease of use

Our website operator ausmachine-gasfedern.de works with session cookies so that contextual information about a visitor is preserved over several page views.
For example, search parameters, the shopping cart, the entries in the registration forms and the login as a regular listener are stored in the session. Session cookies are automatically deleted when the browser or web server is closed at the end of the session, ausmachine-gasfedern.de/ KuferTools do not use persistent cookies.

9.2 Use for advertising, market analysis and needs-based design (Google Analytics and etracker)