Imprint & Legal

Contract Partner

These General Terms and Conditions (GTC) govern the contract between the customer and MSF GmbH, represented by Kai Starke & Finn Mathys, located at Ferdinand-Harten-Straße 9, 22949 Ammersbek, Tel: 04060792218, E-mail address: info@msf-gmbh.com, Commercial Register: HRB 17374 HL, VAT identification number: DE315459293, hereinafter referred to as the provider.

Subject of the Contract

This contract governs the sale of new and used goods in the fields of filter technology and marine spares. For details of each offer, please refer to the product description in the offer.

Conclusion of Contract

The contract is concluded in writing or via other means of distance communication such as telephone and email. The offers presented constitute a non-binding invitation to submit an offer by placing an order, which the provider can then accept.

Orders can be placed in writing or via remote communication (telephone/email), whereby the ordering process leading to the conclusion of the contract comprises the following steps:

1. Calling the order hotline / sending the order email
2. Confirmation email that order has been received
3. Sending the order confirmation

The contract is concluded upon sending an order confirmation. The automatically generated and sent order confirmation does not constitute a legally binding declaration. The contract is also concluded upon shipment of the goods or provision of the service.

Contract Duration

The contract, subject to termination, has a term of one delivery. The total price is calculated from the following components: as per the offer, freight costs based on actual expenses.

Retention of Title

The delivered goods remain the property of the supplier until full payment has been received.

Reservations

The provider reserves the right to provide a service of equivalent quality and price. The service presented in the offer is exemplary and not the specific service that is the subject of the contract. The provider reserves the right not to provide the promised service if it is unavailable.

Prices, Shipping Costs, Return Shipping Costs

All prices are final prices and include VAT. In addition to the final prices, further costs may apply depending on the shipping method; these will be displayed before the order is shipped. If a right of withdrawal exists and is exercised, the customer bears the costs of return shipping.

Payment Terms

The customer has the following payment options only: advance payment by bank transfer or payment upon delivery. We reserve the right to grant payment terms. Other payment methods are not offered and will be rejected.

The invoice amount is due upon receipt of the invoice, which contains all the necessary information for the transfer and is sent by email. Alternatively, the invoice amount is due upon receipt of the invoice, which contains all the necessary information for the transfer and is sent with the delivery. The customer is obligated to pay the amount shown on the invoice immediately upon receipt by depositing or transferring the amount to the account specified on the invoice. Payment is due without deduction from the invoice date. After the payment deadline, which is thus determined by the calendar, the customer is in default even without a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded unless these are undisputed or legally established.

Delivery Terms

The goods will be shipped immediately upon confirmation of payment. For items in stock, shipping typically occurs within one day. The standard delivery time is five days, unless otherwise stated in the item description. The seller ships the order from their own warehouse as soon as the entire order is in stock. The customer will be informed immediately of any delays. If the seller is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by their own supplier despite having entered into a corresponding hedging transaction in a timely manner, the seller has the right to withdraw from the contract with the customer to that extent. The customer will be informed of this immediately, and any payments received will be refunded.

Warranty

Consumers are entitled to statutory warranty rights for the services offered, in accordance with the relevant provisions of the German Civil Code (BGB). Any deviations from this are governed by the provisions set forth in the General Terms and Conditions (GTC). If the customer is a business, the warranty period for new goods is limited to one year. The supplier reserves the right to choose between repair or replacement when fulfilling warranty obligations for new goods if the customer is a business. If the customer is a business, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages by the customer due to injury to life, body, or health, or due to the breach of essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract. Likewise, this does not apply to claims for damages resulting from gross negligence or willful misconduct on the part of the supplier or its legal representatives or agents. Otherwise, the statutory provisions apply.

Contract Design

If the customer is a business, the risk of accidental loss and/or accidental damage to the goods passes to the customer upon delivery, or, in the case of shipment, upon handover of the goods to the selected shipping provider. The customer has no direct access to the stored contract text.

Right of Withdrawal and Customer Service

The regulations for distance selling contracts do not apply to customers who are businesses. Therefore, these customers are not entitled to a corresponding right of withdrawal under distance selling regulations. The provider does not grant such a right. You can reach our customer service at the following times: MSF GmbH, Kai Starke, Ferdinand-Harten-Straße 9, 22949 Ammersbek, +49 40 60792218, info@msf-gmbh.com. Opening hours: [Mon-Thu 8:00 - 16:00, Fri 8:00 - 15:00, Sat & Sun closed].

Disclaimer

The customer's claims for damages are excluded unless otherwise stipulated below. This also applies to the supplier's representatives and agents if the customer asserts claims for damages against them. Excluded from this exclusion are claims for damages by the customer due to injury to life, body, or health, or due to the breach of essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract. This exclusion also does not apply to claims for damages resulting from gross negligence or willful misconduct on the part of the supplier or its legal representatives or agents.

Prohibition of Assignment and Pledging

Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.

Language, Jurisdiction and Applicable Law

The contract is written in German. All further communication regarding the contractual relationship will be conducted in German. The laws of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only to the extent that it does not restrict any mandatory legal provisions of the state in which the customer has their residence or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law, or special funds under public law is the registered office of the provider.

Data Protection

In connection with the initiation, conclusion, execution, and reversal of a purchase agreement based on these Terms and Conditions, the provider collects, stores, and processes data. This is done within the framework of legal regulations. The provider does not disclose the customer's personal data to third parties unless legally obligated to do so or the customer has given prior express consent. If a third party is used for services related to the processing of data, the provisions of the Federal Data Protection Act are observed. The data provided by the customer during the ordering process is used exclusively for contacting the customer within the scope of contract processing and only for the purpose for which the customer provided the data. The data is only passed on to the shipping company responsible for delivering the goods as ordered, and only to the extent necessary. Payment data is passed on to the credit institution commissioned with processing the payment. If the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years. During visits to the provider's website, anonymized data is logged that does not allow for any conclusions to be drawn about personal data and is not intended to do so. This data includes, in particular, IP address, date, time, browser type, operating system, and pages visited. At the customer's request, personal data will be deleted, corrected, or blocked in accordance with legal regulations. Customers are entitled to receive information about all their personal data free of charge. For questions and requests regarding the deletion, correction, or blocking of personal data, as well as its collection, processing, and use, customers can contact the following address: MSF GmbH, Kai Starke, Ferdinand-Harten-Straße 9, 22949 Ammersbek, Germany, +49 40 60792218, info@msf-gmbh.com

We collect data about the number of visitors to our website and the pages they visit. Specifically, the following information is stored:

• the date, time and time zone of the requested data,
• the type of request, protocol type and access status (file transferred, file not found, etc.),
• File size,
• File name,
• Information about the website from which you found us (= the page from which the file was requested),
• Description of the type of web browser version used, including operating system.

This information gives us insight into the general interests and preferences of our visitors. The data is not personally identifiable, but rather of a general, statistical nature. We use this data solely to determine which parts of our website are of general interest. MSF GmbH does not create user profiles.

Severability Clause

The invalidity of any provision of these terms and conditions shall not affect the validity of the remaining provisions.