Terms and Conditions for Consumers

§ 1 Definitions

(1) MRS Electronic GmbH & Co. KG, Klaus-Gutsch-Str. 7, 78628 Rottweil, Germany, (hereinafter: “we” or “MRS Electronic online shop”) operates an online shop for goods and digital goods under the website https://shop.mrs-electronic.com. The following terms and conditions apply to all services between us and our customers (hereinafter: “customer”, “consumer”, “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” or “customer” within the meaning of these terms and conditions is:

  •  any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity;
  • is a legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of contract

(1) The following provisions on the conclusion of contracts (offer) apply to orders placed via our online shop at https://shop.mrs-electronic.com.

(2) Our product presentations on the Internet are non-binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer agrees to a binding contractual offer by successfully completing the order procedure provided in our online shop. The order takes place in the following steps:

  1. Selection of the desired goods, the digital goods,
  2. Adding the products by clicking on the corresponding button (e.g. “Add to shopping basket”, “Add to shopping bag” or similar),
  3. Checking the details in the shopping basket,
  4. Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
  5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
  6. Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
  7. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) The contract is concluded with MRS Electronic GmbH & Co. KG, Klaus-Gutsch-Str. 7, 78628 Rottweil, Germany.

(5) Before the order is placed, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, particularly the order data, the GTC and the cancellation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by cancelling the order before completion, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, particularly, that it is not prevented by SPAM filters.

§3 Subject of the contract and essential characteristics of the products

(1) The subject of the contract in our online shop is

a) The sale of goods. The specific goods offered can be found on our product pages.

b) The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our product pages.

(2) The essential characteristics of the goods and digital goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the product description.

(3) For the sale of digital products, the restrictions evident from the product description or otherwise resulting from the circumstances shall apply, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sub-licence.

§4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) If the product is in stock, it will be dispatched within 3 working days. If the manufacture of a product is required, it will be dispatched within 3 working days from the date of manufacture. The delivery time depends on the country of the recipient and the delivery time of the courier service. MRS is not responsible for delays in delivery due to the fault of the courier service.

(4) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia, Norway, Switzerland, Great Britain, Lichtenstein.

§ 5 Right of retention

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

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

§ 6 Right of cancellation

As a consumer, you have a right of cancellation. This is based on our cancellation policy.

§ 7 Contract language

The contract language is German and English. In case of disagreement regarding the text of the contract, the German version prevails.

§ 8 Liability

(1) In case of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we are liable according to the legal regulations; this also applies in case of aculpable violation of essential contractual obligations. Insofar as the damage at hand is not an intentional violation of the contract, our liability for damages is limited to the foreseeable, typical damage that occurs.

(2) Liability due to culpable injury to life, limb, or health and liability according to the German Product Liability Act are unaffected hereof.

(3) Insofar as it is not otherwise expressly regulated, our liability is excluded.

§ 9 Warranty

(1) The warranty is governed by the legal regulations.

(2) As a consumer, you are requested to check the product/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.

§ 10 Final provisions/dispute resolution

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favourability principle).

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

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.