General Terms and Conditions (GTC) of MUSTTERADE s.r.o.
1. Scope of Application
(1) These Terms and Conditions apply to all contracts between MUSTTERADE s.r.o. and its commercial business customers (hereinafter the "Customer") regarding the sale of mobile phones, tablets, and accessories.
(2) Divergent conditions from the Customer will not be recognized unless MUSTTERADE expressly agrees to their validity in writing.
2. Offers and Conclusion of Contract
(1) Our offers are subject to change and are non-binding.
(2) A contract is only established via our written order confirmation or through the delivery of the goods.
3. Prices and Payment Terms
(1) All prices are net prices plus the currently applicable statutory VAT.
(2) Unless otherwise agreed, the invoice amount is due within [e.g., 14] days of the invoice date without deduction.
(3) In case of payment default, we are entitled to charge statutory default interest.
4. Delivery and Shipping
(1) Delivery dates are only binding if they have been expressly confirmed in writing.
(2) Delivery is made from the warehouse at the risk of the Customer. Shipping costs are borne by the Customer unless otherwise agreed.
(3) Partial deliveries are permitted as long as they are reasonable for the Customer.
5. Retention of Title
(1) The delivered goods remain our property until full payment of all claims resulting from the business relationship is made.
(2) The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns all claims arising from the resale in the amount of the invoice total to us.
6. Liability for Defects (Warranty)
(1) The Customer must inspect the goods immediately upon receipt and report identifiable defects in writing within [e.g., 7] days.
(2) For justified defect notifications, we will, at our discretion, provide repair or replacement delivery.
(3) Further claims, particularly for damages, exist only in accordance with Section 7.
7. Liability
(1) We are liable without limitation for damages resulting from injury to life, body, or health, and according to the Product Liability Act.
(2) Otherwise, we are liable only in cases of intent and gross negligence. In cases of simple negligence, we are only liable for the breach of essential contractual obligations, limited to typical foreseeable damage.
8. Data Protection
We process the Customer's personal data exclusively within the framework of applicable data protection laws. Further information can be found in our privacy policy at [Link to Privacy Policy].
9. Jurisdiction and Applicable Law
(2) The place of jurisdiction for all disputes arising from the business relationship is, to the extent permitted by law, [Jurisdiction, e.g., Headquarters of MUSTTERADE].
10. Final Provisions
Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.