Terms and Conditions
General Terms and Conditions (GTC) of MZ-Podex GmbH & Co. KG
Returns for returns or repairs
Since the shower toilets are hygiene products, we urgently point out that the devices must be received by us in a cleaned and disinfected condition. If your device arrives at us in a dirty condition, we will charge you a cleaning fee.
Please send the defective device without accessories and with a description of the error.
If these regulations are not adhered to, the device will not be accepted or additional costs will be charged.
1 General:
Payments and delivery are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These conditions are deemed to have been accepted at the latest upon receipt of the goods or services. Counter-confirmations from the buyer with reference to their own terms and conditions are hereby contradicted.
Any agreements deviating from these General Terms and Conditions must be in writing.
2. Prices:
Our prices are ex MZP delivery warehouse. Our offers are subject to change.
3. Delivery time:
The delivery time is normally 3 - 12 days after receipt of payment. Delivery dates or deadlines that can be agreed upon in a binding or non-binding manner must be in writing. We also have delivery or service delays due to force majeure and events that make delivery significantly more difficult or impossible for us as a seller (this includes strikes, lockouts, official orders, etc.), even if they occur at our suppliers or their sub-suppliers not responsible for bindingly agreed deadlines and dates. If the delivery time is extended as a result, the buyer cannot derive any claim for damages from this. Furthermore, our liability for delay in delivery is limited to cases in which the delay is due to at least gross negligence on the part of the seller. When default in acceptance occurs, the risk of accidental deterioration and accidental loss passes to the buyer.
4. Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must contact us (company MZ-Podex GmbH & Co. KG, Grundbachweg 3, 87538 Fischen, Tel: +49 8326 3867830, Fax: +49 8326 3867835, Email: info@mz-podex.de ) inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we must repay all payments that we have received from you immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods. MZ-Podex GmbH can refuse reimbursement until it has received the goods back and checked them for completeness and condition (concerning hygiene products).
In the event of an effective revocation, the services received by both parties must be returned and, if necessary, benefits derived (e.g. interest) must be returned. If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties. “Testing the properties” means “inspecting” the respective goods, as is possible and usual in a store. Furthermore, the customer can avoid the obligation to pay compensation by not using the item as an owner and refraining from anything that would impair its value. The goods must be returned to MZ-Podex GmbH & Co. KG complete, unused and in perfect condition, including all undamaged packaging and accessories. Hygiene items are generally non-returnable unless they are expressly offered for trial or the hygiene seal is not damaged.
In the case of goods that were delivered to the customer by freight forwarding (ceramics), these must be returned in the same way in the event of cancellation. Upon request, MZ-Podex will organize the return of the goods via a shipping company. For Germany we charge a flat rate of EUR 60, for EU countries EUR 120 and for Switzerland EUR 180.
5. Withdrawal:
If delivered goods are taken back due to circumstances for which we are not responsible, we reserve the right to charge the costs we incur for any incoming inspection. Returns only for unused and original items. packaged shower toilet. If the customer cannot return the received service in whole or in part or only in a deteriorated condition, he must pay compensation. This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as the customer would have been able to do in a store. Furthermore, the customer can avoid the obligation to pay compensation by not using the item as an owner and refraining from anything that would impair its value.
6. Payments:
The shower toilet is delivered against invoice, prepayment, bank transfer, PayPal, or cash on delivery (plus cash on delivery fees from the freight forwarder).
7. Retention of title:
The goods remain the property of MZP until full payment has been made.
8. Shipping:
The shipping costs within Germany currently amount to 6.90. Deliveries to EU countries (including Switzerland) currently 15.00. Other countries on request.
Notification of the email address to the parcel service provider
I agree that the email address I provided will be sent to the parcel service provider is transmitted and may be used by the latter as part of the package delivery.
This agreement can be revoked at any time. I am aware that in the event of revocation I will not be responsible will have more opportunity to directly influence the delivery of the packages in transit take. The revocation must be sent to the following address: info@mz-podex.de
9. Notifications of defects:
The buyer must notify the seller in writing of any defects in the goods immediately, but at the latest within one week of receipt of the goods. Defects that cannot be discovered within this period even after careful inspection must be reported to us in writing immediately after they are discovered. In the case of colored goods, color differences may occur due to the different materials and different lighting, for which we decline any liability.
10. Warranty and liability:
The seller guarantees that the goods delivered by him are free from manufacturing and material defects.
The warranty period begins on the date of delivery and is 24 months for end customers and 12 months for dealers (B2B).
Failure to follow Seller's operating or maintenance instructions, modifications to the Goods, replacement of parts, or use of consumables that do not conform to the original specifications will void any warranty. In the event of notification from the buyer that the goods do not conform to the warranty, the seller, at his option, requires that
a.) the defective part is sent to the seller for repair and subsequent return;
b.) the buyer keeps the defective part ready to enable the seller to carry out the repair on site.
Liability for normal wear and tear is excluded. Warranty claims are only available to the direct purchaser and cannot be assigned. The above paragraphs contain the final warranty for the shower toilet and exclude other warranty claims.
11. Data protection:
We observe all data protection requirements, in particular the requirements of the Telephone Service Data Protection Act (TDDSG).
12. Place of performance and jurisdiction:
The place of performance and jurisdiction for delivery and payment for buyers and sellers is the Federal Republic of Germany, in Kempten/Allgäu.
As of November 2018