1) Scope of application

1.1 For all orders and deliveries via the METALLORK online shop, these General Terms and Conditions apply exclusively in the version valid at the time the contract is concluded. We expressly reserve the right to make changes to the General Terms and Conditions.

1.2 Changes to the terms and conditions as well as the agreement of delivery dates or deadlines, which can be binding or non-binding, require confirmation by METALLORK.

2) Offers and conclusion of contract

2.1 Offers on this website are subject to change and non-binding, unless a binding assurance is expressly given. By clicking on the button [Buy/Order] you place a binding order for the goods listed on the order page. Orders are only binding if we confirm them in writing (order confirmation) or if we fulfill them by sending the goods.

2.2 The contract is concluded with METALLORK, Steffen Kroll, Harz 5a, 06108 Halle (Saale), Germany, on the basis of the customer's order by completing and confirming the web order form. The goods remain the property of METALLORK until full payment has been received.

3) Delivery

We deliver by transport service provider to a home address or parcel box. Shipments to post office boxes are not possible. Domestic delivery usually takes place within 1 to 3 weeks after ordering and receipt of payment. We will inform you immediately in the event of delays in delivery. For shipments abroad, the delivery time is extended by 5 to 10 days, depending on the country. Deliveries to non-EU countries (Switzerland, Norway, overseas, etc.) are made without charging German VAT for orders placed by business customers. Taxation and customs clearance are carried out locally by the local tax authorities upon delivery. The costs for this shall be borne by the customer. Transport damage must be reported to the delivery company immediately upon receipt of the goods.

4) Shipping Costs*

The shipping costs are added to the product costs at the end of the order process and vary depending on the delivery address (national, international-EU, international-non-EU). We only ship insured and trackable with DHL.

Germany: 6,00 €
Europe-EU: 12,00 €
Europe-Non-EU: 15,00 €
International worldwide 45,00 €

*Subject to adjustments

5) Payment

5.1 You can choose between the following payment methods: 
1. prepayment: 
Delivery will only be made after receipt of payment to our account.
Bank details:
Recipient: Steffen Kroll, IBAN: DE73 1203 0000 1012 7677 68, BIC: BYLADEM1001

If you pay in advance, we expect your payment within 7 days of placing your order. Otherwise your order will be canceled. In the case of foreign bank transfers, any transfer fees are to be borne by the customer.

2. PayPal: 
If you select this payment method, you will be redirected to PayPal in the next step. Once the required data has been entered there, you will automatically be returned to the METALLORK store to complete the order.

5.2 Payment by invoice is not offered. For all other payment methods, payment must be made in advance without deduction.

5.3 If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.

6) Prices

The list prices and shipping costs at the time of the order as shown in the online store apply. The prices are ex works METALLORK including VAT without shipping costs.

Despite all due care, errors may occur in the labeling of items. Therefore, all prices are subject to error. If we discover a price error in one of your orders, we will inform you of this before delivery and you can cancel the order without any consequences.

7) Right of withdrawal

7.1  The customer has the right to cancel the contract within 14 days of receipt of the goods without giving reasons. Timely dispatch of the revocation is sufficient to comply with this period. The revocation can be declared in writing, by e-mail or by simply returning the goods. The revocation or return must be sent to the following address:

METALLORK
Steffen Kroll · Harz 5a · 06108 Halle (Saale) · Germany
e-mail: office@metallork.com

7.2  The customer is no longer bound by the contract with METALLORK as a result of timely withdrawal. METALLORK shall refund the purchase price already paid to the customer within 30 days of the customer's declaration by the same means of payment.

7.3  The customer is obliged to return the goods. The customer himself shall bear the costs of the return shipment.

7.4  The goods must be in perfect condition (complete, unused, undamaged goods, operating instructions, including packaging, etc.). If the customer is responsible for a deterioration in the condition or other defects, he must compensate for the reduction in value or the value; §§ 351 to 353 BGB (German Civil Code) do not apply. For the provision of the use or utilization of an item as well as for other services up to the time of revocation, its value shall be compensated. The reduction in value resulting from the intended use of an item or the use of other services shall not be taken into account. In these cases, the customer shall only be liable for intent and gross negligence.

7.5  The right of withdrawal explicitly does not apply to products that have been manufactured according to the customer's/contractual partner's selection or specifications. This includes, for example, the use of a customer-specific logo or other customer-specific adaptations, such as individual or custom-made products, e.g. size adjustment, mirrored printing, special desired material, etc..

8) Return shipment

If you wish to return an item without exchanging it, we will refund the amount you have already paid. Please provide us with your bank details or PayPal account and the amount will usually be refunded within 7 working days, but at the latest within 30 days of receipt of the goods.

The customer bears the costs for the return shipment. If possible, please use the packaging in which you received the goods for the return shipment. If this is damaged or no longer available, please ensure that the goods are well protected against damage in transit. Please enclose the completed return slip with the return shipment. We will not accept parcels sent carriage forward!

Products that fall under point 7.5 of the right of withdrawal cannot be returned and will not be taken back by us.

9) Obligation to perform and deliver

9.1  Compliance with a delivery deadline is always dependent on timely delivery to us. If the possibility of delivery depends on delivery by an upstream supplier and if this delivery fails for reasons for which we are not responsible, we shall be entitled to withdraw from the contract. The customer shall not be entitled to compensation for this reason.

9.2  The same applies if delivery is made significantly more difficult or impossible due to force majeure or other events and we are not responsible for this. Such events include in particular Fire, flooding, labor disputes, operational disruptions, strikes or official orders that are not attributable to our operational risk. In the aforementioned cases, the customer shall be informed immediately of the inability to deliver and any payment already made shall be refunded as soon as possible.

10) Warranty and liability

10.1 The warranty is limited to replacement delivery or rectification of defects.

10.2 If repairs or replacement deliveries fail after a reasonable period of time, the customer may demand either a reduction in the purchase price or cancellation of the contract. The deadline is at least four weeks. Rectification or replacement delivery shall be deemed to have failed if two attempts to rectify the defect have not been successful.

10.3 We are liable for culpable damage in the event of a breach of material contractual obligations and in the absence of warranted characteristics. In addition, liability - irrespective of the legal grounds - shall only exist in accordance with the Product Liability Act or in the event of grossly negligent or intentional damage caused by us or our vicarious agents. In the event of a slightly negligent breach of a principal obligation, liability shall be limited at most to the typically foreseeable damage which, as a rule, does not exceed the purchase price and is limited to the damage to the goods ordered.

10.4 Claims for defects do not exist for damage caused by natural wear and tear due to use or improper use.

11) Privacy and confidentiality

We take the protection of personal data very seriously and see it as our duty to protect your privacy and your personal data. Your personal data is collected, processed and used exclusively in accordance with the strict provisions of German data protection law. We use the information we collect to fulfill orders. We undertake not to sell personal customer data and only to pass it on to third parties if these are partner companies that are essential for the provision of services. 

The data required for business processing is stored and, if necessary, passed on to affiliated companies and delivery companies or to banks or payment service providers for billing purposes.

12) Notifications

Insofar as the contracting parties communicate by e-mail, they recognize the unlimited validity of the declarations of intent transmitted in this way in accordance with the following provisions:

In the e-mail, the usual information must not be suppressed or circumvented by anonymization, i.e. it must contain the name and e-mail address of the sender, the time of sending (date and time) and a reproduction of the sender's name as the conclusion of the message. Subject to proof to the contrary, an e-mail received within the scope of this provision shall be deemed to originate from the other partner.

13) Applicable law and dispute resolution

The contracting parties agree that German law shall apply to all legal relationships arising from this contractual relationship, both present and future after fulfillment of the contract.

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: January 2024