General Terms & Conditions of Business

All prices in the MacLand webshop are net prices plus transport costs from our warehouse in Berlin and statutory sales tax (VAT). Errors excepted. Prices are subject to change without notice. All previous prices hereby lose their validity.

Conclusion of contract, price changes

The products and services we offer are subject to change. A contract is only concluded once we have confirmed your order or delivery of the ordered goods in writing. Our General Terms and Conditions apply exclusively to all contracts. Any and all deviating conditions of the customer are hereby expressly excluded.

We reserve the right to change prices at any time without giving reasons.

Payment

Invoiced amounts are due for payment net according to the agreed terms of payment or, in the absence thereof, within 14 days. If in connection with the payment of the purchase price by the customer, MacLAND is deemed to be liable with respect to any bill of exchange or cheque, the ownership of the goods supplied and the underlying claim from deliveries of goods shall not expire before the bill of exchange or cheque has been cashed by the customer as drawee. Customers who have received several payment reminders will only be supplied on a cash on delivery basis. Until stable business relations have been established, MacLAND will process initial orders on a cash on delivery or cash in advance basis. International shipping shall be offered exclusively against cash on delivery or cash in advance. We charge a processing fee of EUR 22.00 for uncovered cheques and returns of direct debits for which the debtor is responsible.

Late payments

MacLAND reserves the right to supply defaulting customers with subsequent orders on a cash on delivery basis and to collect the outstanding amount at the same time. In the event of payment defaults, interest shall be charged at a rate of twelve percent per annum without MacLAND having to furnish proof that it has drawn on a bank credit in this amount. Payment reminder fees shall amount to at least EUR 6.00 plus VAT per reminder.

Exclusion of property

The goods remain the property of MacLAND (“reserved goods”) until all claims against the customer arising from the business relationship, including future claims arising from contracts concluded simultaneously or later, have been settled. The same shall apply insofar as individual or combined claims have been included in a current invoice and the balance has been determined and acknowledged. The extended retention of title shall apply.

The customer shall only be entitled to resell the reserved goods in the ordinary course of business insofar as any and all claims accruing to the customer from the resale against customers or third parties are assigned to MacLAND. If reserved goods are sold in connection with items which are the exclusive property of the customer, the customer hereby assigns to MacLAND the claims arising from the resale in full. If reserved goods are sold by the customer in connection with goods not belonging to the customer, the customer hereby assigns to MacLAND any and all claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the remainder. MacLAND accepts the assignment. The customer shall be entitled to collect these claims even after assignment. MacLAND's authority to collect the claim shall remain unaffected; however, MacLAND undertakes not to collect the claim as long as the customer duly meets its payment and other obligations. MacLAND may demand that the customer provide information relating to the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor of the assignment.

The customer shall not be entitled to transfer by way of security or pledge the reserved goods. In the event of substantial default in payment or expected insolvency of the customer, MacLAND shall be entitled to secure the goods at the customer's premises without prior notice.

Partial deliveries

MacLAND is entitled to make partial deliveries and to charge the respective shipping costs. The customer shall be obliged to accept partial delivery unless a partial delivery has been expressly excluded in the order.

Shipping costs

As a rule, deliveries are handled by UPS. If another carrier is commissioned, the shipping costs shall depend on the goods to be shipped.

The shipping costs depend on the prices stated in our shipping and delivery conditions.

For goods of higher value, we add the cost of the respective UPS insurance fee.

Examination and transfer of risk, exclusion of warranty

Deliveries must be checked immediately after receipt for completeness, conformity with the delivery documents and defectiveness. The goods shall be deemed to have been properly and completely delivered if MacLAND has not been notified of defects in writing within two days of receipt of delivery, unless the defect was not recognisable during the initial inspection. Further warranty claims are excluded in this respect.

If the delivery has recognisable external damage or items are clearly missing, such defects must be noted in writing on the delivery papers of the carrier upon delivery. The note must clearly indicate the damage or missing items.

Returns

For each return of defective goods, an RMA number must be requested from MacLAND. This RMA number must be indicated on the shipping documents as well as the quantities of the returned items and item identification numbers (MacLAND item number, manufacturer's item number or GTIN).

Incomplete returns (e.g. missing the above information) will not be accepted.

Return of goods, e.g. due to insolvency of the end customer, is only possible after consultation and in the unopened original packaging. In this case we reserve the right to charge a fee of 10% of the order value.

Opened software or damaged or stickered goods are in any case excluded from exchange and refund.

Compatibility

MacLAND does not guarantee the suitability of the delivered items for a particular technical system, unless the customer's specifications have been guaranteed in writing by MacLAND upon request. MacLAND shall not be liable for any damage beyond the conditions guaranteed by the manufacturer.

Place of performance and jurisdiction

Place of performance and jurisdiction is Berlin-Schöneberg.

Retention, set-off, reduction

The customer shall only be entitled to retention, set-off or reduction, even if notices of defects or counterclaims are asserted, insofar as MacLand has expressly agreed to this, or if the counterclaims are legally established.

Data protection policy

MacLand reserves the right to electronically store and process the data provided by the customer. MacLand shall use the data exclusively for business relations with the customer.

Severability clause

Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an omission, the validity of the remaining provisions or shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions.