General Terms and Conditions (GTC)

 

Version: 1.06 - Status: 23.07.2026

 

§ 1. General Provisions and Scope

 

(1) The following terms and conditions apply to all contracts concluded via the online shop at the URL https://www.ladungssicherung.eu between

 

MT Onlineshops GmbH
represented by the Managing Director: Patrick Jordan
Werner-von-Siemens-Straße 12-14
36041 Fulda / Germany

Tel.: +49 (0)661 - 3809 9880
Fax: +49 (0)661 - 3809 9889
E-Mail: [email protected]

VAT ID No.: DE 275828890
Commercial Register: HRB 5918
Register Court: Fulda Local Court

and the customer.

 

(2) For the purposes of these General Terms and Conditions, customers are both consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.

 

(3) The relationship between the contracting parties is governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

 

(4) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

 

Section 2. Conclusion of Contract in the Online Shop

 

(1) The products and services listed within the online shop do not constitute binding offers by MT Onlineshops GmbH; rather, they represent an invitation to the customer to submit a binding offer by placing an order.

 

(2) By submitting the order from the "virtual shopping cart," the customer places a binding order for the items contained therein. Before the final submission of a contractual declaration, the customer is requested to review the information and, if necessary, confirm it. In case of any input errors, it is possible to return to the previous page using the browser's back function to enter new information. MT Onlineshops GmbH will confirm receipt of this order immediately by email.

 

(3) MT Onlineshops GmbH is entitled to accept the customer's offer within three (3) business days of receiving the order. The contract with the customer is only concluded upon express acceptance of the order by MT Onlineshops GmbH.

 

(4) MT Onlineshops GmbH assumes no procurement risk and reserves the right to withdraw from the contract in the event of incorrect or improper delivery to MT Onlineshops GmbH by its suppliers. MT Onlineshops GmbH's liability for intent or negligence in accordance with the liability provisions of Section 10 of these Terms and Conditions remains unaffected. In the event of non-availability or only partial availability of the service, MT Onlineshops GmbH will inform the customer immediately; in the event of withdrawal from the contract, the payment will be refunded to the customer immediately.

 

Section 3. Contract Language; Storage of Contract Text

 

(1) The contract language is German.

 

(2) The contract text is stored by MT Onlineshops GmbH. The order details, including the contract terms and conditions and these General Terms and Conditions, will be sent to the customer separately in text form.

 

(3) The contract text remains accessible via the internal customer area even after the order has been submitted. Login is directly via the MT Onlineshops GmbH website (http://www.ladungssicherung.eu) using the username and the password previously chosen by the customer.

 

Section 4. Right of Withdrawal and its Consequences

 

Consumers have a right of withdrawal for distance contracts in accordance with Section 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to withdraw from this contract in accordance with the following instructions on withdrawal:

 

Right of Withdrawal

 

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), take possession of the last item of goods.

 

To exercise your right of cancellation, you must inform us (MT Onlineshops GmbH, Werner-von-Siemens-Straße 12-14, D-36041 Fulda; Tel.: +49 (0)661 - 3809 9880; Fax: +49 (0)661 - 3809 9889; E-Mail: [email protected]) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but this is not obligatory. You can also declare your cancellation via our electronic cancellation function <a href="https://www.ladungssicherung.eu/de/returns/guest/new/" target="_blank" rel="noopener">Cancel contract</a>. After submitting your cancellation declaration via the electronic cancellation function, we will immediately send you an acknowledgement of receipt on a durable medium to the electronic communication method you specified. The acknowledgement of receipt contains the content of your cancellation declaration as well as the date and time of its receipt.

 

To meet the cancellation deadline, it is sufficient that you send the notification of exercising your right of cancellation before the cancellation period expires.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than our standard delivery), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct costs of returning the goods. If the goods cannot be returned by normal mail due to their nature, these costs are estimated at a maximum of approximately EUR 59.00.

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for testing their condition, properties, and functionality.

 

Non-existence of the right of withdrawal

 

According to Section 312g Paragraph 2 No. 1 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Section 5. Prices and shipping costs; Payment Terms

 

(1) The prices quoted in the respective offers are final prices. They therefore include all price components, including any applicable taxes; however, in the case of cross-border deliveries, additional taxes (e.g., in the case of an intra-Community acquisition) and/or duties (e.g., customs duties) may be payable by the customer.

 

(2) The applicable delivery and shipping costs are not included in the purchase price; they depend on the specific offer and the shipping information provided therein and are to be borne by the customer.

 

(3) MT Onlineshops GmbH accepts the payment methods listed on the respective offer website and made available for selection by the customer. The customer selects their preferred payment method from the available options.

 

(4) If the customer, acting in their capacity as a business, wishes to pay by invoice using their chosen payment method, MT Onlineshops GmbH reserves the right to deliver to the customer only after a credit check has been carried out. For this purpose, we will transmit your entered data (e.g., name, address, age, or bank details) to a credit agency. Based on this data, the probability of payment default is determined. In the event of an excessive risk of payment default, we may refuse the payment method in question. The credit check is carried out on the basis of contract fulfillment (Art. 6 para. 1 lit. b GDPR) and the prevention of payment defaults (legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR). If consent has been obtained, the credit check is carried out on the basis of this consent (Art. 6 para. 1 lit. a GDPR); this consent can be revoked at any time.

 

(5) In the case of payment by bank transfer, the customer undertakes to pay the purchase price plus any applicable delivery and shipping costs in full no later than seven (7) days after receipt of the payment request. The bank details will be provided with the payment request.

 

 

(6) The customer is only entitled to exercise a right of retention if their counterclaim arises from the same contractual relationship.

 

Section 6. Delivery and Shipping Conditions

 

(1) Unless otherwise agreed with the customer, the items will be delivered by mail to the delivery address provided by the customer. Collection in person is only possible by prior arrangement.

 

(2) The customer warrants that they have provided the correct and complete delivery address with their order. Should the customer have provided incorrect address details and this result in additional costs for shipping – such as additional shipping costs – the customer shall bear these costs.

 

(3) The items purchased by the customer will be shipped within 3 (three) business days, unless a different delivery or shipping period is specified for the respective item or during the ordering process. For payments by invoice, the shipping period begins upon conclusion of the contract. For payments by bank transfer, PayPal, credit card, Apple Pay, or Amazon Pay, the shipping period begins as soon as the payment has been received or confirmed or authorized by the respective payment service provider.

 

(4) In the case of deliveries to businesses, the risk of accidental loss or accidental damage to the goods sold passes to the customer upon delivery to the business itself or an authorized recipient. In the case of mail order purchases, the risk passes to the customer upon delivery of the goods to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss or accidental damage to the goods sold always passes to the consumer upon delivery of the goods. For the purposes of the transfer of risk, delivery is deemed to have occurred if the customer is in default of acceptance.

 

§ 7. Retention of Title

 

(1) MT Onlineshops GmbH retains title to goods sold in contracts with consumers until full payment of the purchase price, and in contracts with businesses until all claims arising from the ongoing business relationship have been settled in full (reserved goods).

 

(2) During the period of retention of title, the customer is obligated to treat the reserved goods with care, to immediately notify MT Onlineshops GmbH of any third-party access to the reserved goods – e.g., in the event of seizure – as well as any damage to or destruction of these goods, and to provide all information and documents necessary to protect the rights of MT Onlineshops GmbH. Furthermore, the customer must inform enforcement officers or other third parties of the third-party ownership and immediately report any change of possession of the goods and any change of their own residence.

 

Section 8. Notification of Transport Damage

 

(1) The customer shall provide MT Onlineshops GmbH with all reasonable assistance in asserting claims against the relevant transport company or transport insurance.

 

(2) The customer shall inspect goods deliveries for any transport damage. In the case of externally visible transport damage, the customer undertakes to note this damage on the respective shipping documents and have it acknowledged by the delivery person; if the delivery is not refused, the packaging shall be retained.

 

(3) If the (partial) loss or damage of the goods is not externally visible, the customer shall notify MT Onlineshops GmbH within 5 (five) days of delivery or at least the transport company within 7 (seven) days of delivery, in order to ensure that any claims against the transport company are asserted in a timely manner.

 

(4) Any rights and claims of the customer – especially the statutory rights of the buyer in the event of defects in the (purchased) goods – remain unaffected by the above provisions. These provisions therefore do not include any limitation period for the customer's rights pursuant to Section 9 of these Terms and Conditions.

 

Section 9. Warranty Conditions

 

(1) Customers are entitled to statutory warranty rights for the goods when purchasing goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the goods, subject to the following provisions. MT Onlineshops GmbH does not generally provide its own guarantees; the mere presentation of the items in the online shop is therefore generally to be regarded only as a pure description of services.

 

(2) If the purchased goods are defective, the customer has a right to subsequent performance pursuant to Sections 437 No. 1, 439 of the German Civil Code (BGB), if and to the extent that the requirements of the statutory provisions regarding rights in the event of defects are met.

 

(2a) Consumers have the choice of whether subsequent performance should be effected by repair or replacement. However, MT Onlineshops GmbH remains entitled to refuse the chosen type of subsequent performance if it is only possible at disproportionate cost and the other type of subsequent performance does not cause significant disadvantages for the consumer.

 

(2b) With respect to businesses, MT Onlineshops GmbH will initially provide a warranty for defects in the goods at its own discretion by repair or replacement.

 

(2c) The rights of the buyer in the event of defects as set out in Section 437 Nos. 2 and 3 of the German Civil Code (BGB) remain unaffected by the provisions of paragraphs (2) to (2b) above.

 

(3) Claims and rights of a business due to defects expire one year after delivery of the goods to the customer; claims and rights of a consumer due to defects expire two years after delivery of the goods to the customer. The limitation periods associated with these deadlines do not apply insofar as MT Onlineshops GmbH is liable under Section 10 of these Terms and Conditions or if a third party has a proprietary right that entitles them to demand the return of the delivered item.

 

(4) The recourse claims of entrepreneurs specified in Sections 478 and 479 of the German Civil Code (BGB) remain unaffected by the provisions of paragraphs (2) to (3) above.

 

(5) Merchants must report obvious defects within two weeks of receiving the goods using the contact details provided above; otherwise, any warranty claims are excluded. Timely dispatch of the notice of defect is sufficient to meet the deadline.

 

§ 10. Liability Provisions

 

(1) In accordance with statutory provisions, MT Onlineshops GmbH is liable without limitation for damages resulting from injury to life, body, or health caused by a negligent or intentional breach of duty, as well as for other damages caused by a grossly negligent or intentional breach of duty or fraudulent intent.

 

(2) Furthermore, MT Onlineshops GmbH is liable without limitation for damages covered by mandatory statutory provisions, such as the Product Liability Act, or if and to the extent that MT Onlineshops GmbH has assumed a guarantee for the quality of the goods or for the goods retaining a certain quality for a specific period.

 

(3) For damages caused by simple or slight negligence, MT Onlineshops GmbH is liable insofar as this negligence relates to the breach of contractual obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely (so-called cardinal obligations). MT Onlineshops GmbH's liability is limited to foreseeable, typical contractual damages.

 

(4) In the case of slightly negligent breaches of contractual obligations not covered by paragraph 3 (so-called non-essential contractual obligations), MT Onlineshops GmbH is liable to consumers – however, this liability is limited to foreseeable, typical contractual damages.

 

(5) Any further liability is excluded – regardless of the legal nature of the claim asserted.

 

Section 11. Place of Jurisdiction

 

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of MT Onlineshops GmbH. The same applies if the customer, as an entrepreneur, has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another statutory place of jurisdiction.

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Appendix: Sample Cancellation Form

Sample cancellation form according to Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (If you wish to cancel the contract, please fill out this form and return it.)

 

– To: MT Onlineshops GmbH, Werner-von-Siemens-Straße 12-14, D-36041 Fulda; Tel.: +49 (0)661 – 380 99 88-0; Fax: +49 (0)661 – 380 99 88-9; Email: [email protected]
– I/We (*) hereby revoke 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 consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notification on paper)
– Date

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(*) Delete as appropriate