General Terms & Conditions

Exclusively for businesses (B2B)

§ 1 Scope and Customer Base

(1) These General Terms and Conditions apply to sales contracts for physical goods concluded through the online store of MIDICRAFT, owned by Alexander Michel, Triftstraße 68, 31832 Springe, Germany (hereinafter “MIDICRAFT”).

(2) The store is intended exclusively for business owners as defined in § 14 of the German Civil Code (BGB) who are acting in the course of their commercial or self-employed professional activities. Consumers as defined in Section 13 of the German Civil Code (BGB) are excluded from this offer.

(3) The eligible customer base also includes freelancers, self-employed individuals, and sole proprietors. An entry in the commercial register or a value-added tax identification number is not generally required.

(4) The customer confirms during the ordering process that he or she is a business entity. MIDICRAFT may request appropriate documentation before accepting an order and may reject an order if there are reasonable grounds for doubt.

(5) Any conflicting terms and conditions of the customer shall apply only if MIDICRAFT has expressly agreed to them.

§ 2 Order and Conclusion of the Contract

(1) The product descriptions in the store are non-binding and constitute an invitation to submit an offer.

(2) The customer adds items to the shopping cart, reviews the order summary—including prices, shipping costs, and contact information—and can correct any information before submitting the order. By clicking the final “Order” button, the user submits a binding offer to purchase.

(3) The automatic order confirmation merely confirms receipt of the order and does not constitute acceptance of the contract.

(4) MIDICRAFT reviews the order and accepts it by expressly confirming the order in writing. The contract is concluded upon receipt of this acceptance. The invoice will be sent after acceptance.

(5) MIDICRAFT may reject offers prior to acceptance, in particular due to lack of availability, incorrect information, or doubts regarding the customer’s status as a business entity.

(6) The customer must provide a valid email address and ensure that they can receive contract-related emails.

§ 3 Subject Matter of the Contract

(1) The subject matter of this contract is exclusively the sale of physical goods. The type, quantity, nature, and technical specifications are set forth in the respective product description and the accepted order.

(2) Product images are for illustrative purposes only. The expressly agreed-upon characteristics are decisive.

§ 4 Prices and Sales Tax

(1) The product prices listed in the online store are net prices in euros, plus the applicable statutory value-added tax, unless otherwise expressly stated in the offer.

(2) Shipping costs are listed separately or, in the case of shipping upon individual request, are communicated and agreed upon prior to binding acceptance of the order.

(3) For cross-border deliveries, the treatment for value-added tax purposes is governed by the applicable statutory provisions. A tax exemption is contingent upon the fulfillment of its statutory requirements.

§ 5 Invoicing, Payment, and Late Payment

(1) Payment is made upon receipt of the invoice. Once the order has been accepted, MIDICRAFT will send the customer an invoice with payment information.

(2) The invoice amount must be paid in full, without any deductions, within seven business days of receipt of the invoice. Business days are Monday through Saturday, excluding public holidays at MIDICRAFT’s headquarters.

(3) If payment is not made by the due date, the statutory provisions regarding late payment shall apply. MIDICRAFT may withdraw from the contract and cancel the order once the legal requirements have been met, in particular after the expiration of a required and reasonable grace period without action having been taken. Thus, automatic termination of the contract solely due to the expiration of the payment period is not agreed upon.

(4) Any further legal claims remain unaffected.

§ 6 Delivery, Shipping, and Import

(1) Deliveries will be made to the delivery address specified and agreed upon during the ordering process. The countries to which we ship, available shipping methods, and shipping costs are specified in the store or in a customized shipping quote provided prior to acceptance of the contract.

(2) For delivery destinations where shipping costs are calculated on a case-by-case basis, the shipping cost will be provided before the order is accepted. Unless an agreement is reached regarding shipping costs, no contract will be formed in this regard.

(3) Delivery times are specified in the product description or the order confirmation. For pre-orders, dates listed as “estimated” are not binding unless a binding date has been expressly agreed upon.

(4) For shipments outside the European Union, customs duties, import sales taxes, and fees may apply. Unless otherwise agreed, the customer is responsible for paying any import duties incurred in the country of destination and for completing the necessary import formalities there.

(5) In the event of delivery delays attributable to the customer, MIDICRAFT may claim any necessary and verifiable additional costs in accordance with applicable law. We reserve the right to comply with applicable export and sanctions restrictions.

§ 7 Transfer of Risk

(1) The risk of accidental loss and accidental deterioration passes in accordance with the provisions of law.

(2) In the case of a sale by mail order pursuant to § 447 of the German Civil Code (BGB), the risk passes upon delivery to the person designated to receive the shipment, provided that the statutory requirements are met and nothing else has been agreed upon.

§ 8 Retention of Title

(1) The goods remain the property of MIDICRAFT until the respective purchase price has been paid in full.

(2) The customer shall immediately notify MIDICRAFT of any access by third parties to goods subject to retention of title, to the extent that MIDICRAFT’s rights may be affected.

§ 9 Revocation, Cancellation, and Voluntary Return

(1) Since contracts are concluded exclusively with businesses, there is no statutory right of withdrawal for consumers.

(2) There is no general contractual right of return or exchange unless expressly agreed upon.

(3) The cancellation of an order that has already been accepted requires an agreement, unless there is a statutory right of withdrawal or other right to terminate the contract. Statutory rights regarding defects remain unaffected.

(4) Inquiries regarding voluntary buybacks may be directed to info@midicraft.de; however, this does not create a right to such a buyback.

§ 10 Obligations to Inspect and Report Defects

(1) If the purchase constitutes a commercial transaction for both contracting parties, the statutory obligations to inspect the goods and give notice of defects shall apply, in particular § 377 of the German Commercial Code (HGB).

(2) For business owners to whom these commercial law provisions do not apply, the general statutory provisions shall apply. These Terms and Conditions do not establish any additional obligation to provide notice of defects.

§ 11 Rights in the Event of Defects

(1) In the event of defects, the statutory provisions apply. Provided that the statutory requirements are met, the customer is entitled, in particular, to subsequent performance, a reduction in price, rescission, and damages.

(2) The statutory limitation periods apply. Voluntary manufacturer or seller warranties apply only to the extent that they are expressly granted; statutory rights regarding defects remain unaffected.

§ 12 Liability

(1) MIDICRAFT shall have unlimited liability in cases of willful misconduct and gross negligence, in cases of culpable injury to life, limb, or health, as well as in cases of mandatory statutory liability—in particular under the Product Liability Act—and to the extent of any guarantees expressly assumed.

(2) In the event of a breach of material contractual obligations due to slight negligence, liability is limited to the damages that were typically foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the customer may reasonably rely.

(3) In all other respects, liability for slight negligence is excluded to the extent permitted by law. These provisions apply accordingly to legal representatives and agents.

§ 13 Language of the Contract and Communication

(1) The language of the contract is German, unless otherwise expressly agreed. Translations on the website are provided for informational purposes only; the language of the contract as validly agreed upon shall prevail.

(2) Order processing and the transmission of contract-related information are carried out primarily via email. Order data is stored for the purposes of contract fulfillment and to comply with legal retention requirements.

§ 14 Choice of Law and Jurisdiction

(1) German law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent that this choice of law is valid.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of business of MIDICRAFT shall be the venue, to the extent permitted by law.

(3) For other business owners, in particular non-commercial sole proprietors and self-employed professionals, the statutory provisions governing the venue of litigation shall apply. Mandatory rules governing jurisdiction remain unaffected.