Terms and Conditions for Companies

TERMS AND CONDITIONS FOR BUSINESSES

Contact information

MAOMI, Dr. Uta Meeder
Augartenstrasse 68
68165 Mannheim
Germany
Telephone: +49 (0)621.3918 6807, +49.179.39196807
Email: info@MAOMI.de

1. Applicability of the conditions and conclusion of the contract
These Terms apply to all goods and services supplied by MAOMI unless otherwise agreed in writing. The term "Customer" refers to any party purchasing goods or services from MAOMI, including its directors, employees, agents, representatives and licensees. Any prior representations or information received by the Customer from MAOMI or any third party shall not be binding unless expressly provided for in the Contract.

2. Contract terms and conclusion
2.1 MAOMI offers tailor-made design products such as furniture and objects according to customer specifications.
2.2 A contract is concluded when MAOMI confirms an order in writing, for example by means of an order confirmation or invoice.
2.3 In the online shop, the contract is concluded by the customer's offer and MAOMI's acceptance by means of an order confirmation. The goods presented in the online shop do not constitute a legally binding offer. By clicking the "order with payment" button, the customer makes a binding purchase offer. This offer is binding for three days. The contract is concluded as soon as the customer receives the order confirmation from MAOMI.
2.4 Delivery times may vary depending on the product, delivery will be made as quickly as possible.
2.5 MAOMI relies on the Customer to provide all order information correctly. Advertising materials will not be binding on the contract unless expressly stated to do so.
2.6 Samples supplied are for assessment purposes only and may not be installed. Minor deviations in structure and colour are normal in the trade and do not constitute grounds for complaint.
2.7 The customer is responsible for project planning, MAOMI only offers products. Advice from MAOMI is provided without liability.
2.8 Services require a separate agreement and are not automatically part of the product supply contract.

3. Prices and payment
All prices are exclusive of VAT.

4. Customer’s obligations
4.1 The Customer is responsible for all necessary permits.
4.2 Changes after order confirmation may result in price and delivery time changes and must be confirmed in writing.

5. Invoicing and payment / default
5.1 Payments are made by bank transfer before or upon order confirmation.
5.2 Invoices are to be paid within 14 days of the invoice date.
5.3 Payments will be applied first to costs, then to interest and finally to the oldest invoices.
5.4 Payments are to be made in euros; conversion costs are borne by the customer.

6. Delivery, ownership, complaints and returns
6.1 Delivery will be made in accordance with the order confirmation, including insurance.
6.2 Some products require assembly. Instructions and care instructions are provided.
6.3 The customer must inspect the delivery upon receipt and report any damage immediately.
6.4 Products must be checked for defects upon delivery and complaints must be made within 24 hours.
6.5 Ownership shall pass upon full payment and risk upon delivery.
6.6 Complaints must be reported in writing, hidden defects within 10 working days.
6.7 Complaints are invalid if products have been demonstrably used incorrectly.
6.8 Minor deviations in size and colour are normal and do not constitute grounds for complaint.
6.9 Returns require written approval and must be made in the original packaging. Costs and risks are borne by the customer.

7. Intellectual property rights
7.1 All rights to MAOMI products and their designs belong to MAOMI.
7.2 Copyrights and other rights to domains, websites and social media are reserved to MAOMI.
7.3 The customer guarantees that its specifications do not infringe the rights of third parties and indemnifies MAOMI from any claims in this regard.
7.4 MAOMI remains the owner of all copyrights to products and services delivered.
7.5 Licenses only become effective after full payment.
7.6 Works by third parties remain their property unless additional rights are acquired.
7.7 MAOMI materials are confidential and intended for the Customer only.

8. Credits and Licensed Rights / Integrity of Licensed Rights
8.1 The Contract is subject to the Customer’s confidentiality requirements.
8.2 MAOMI retains the right to authorship and use of its works for its own advertising purposes.
8.3 The Customer is a licensee of MAOMI for commercial purposes in accordance with the Order Confirmation.
8.4 Assignments are subject to a license for use by MAOMI.
8.5 Public relations work must be approved by both parties.

9. Limitation of Liability
9.1 MAOMI shall be liable without limitation for damages resulting from intentional or negligent injury to life, body or health as well as under the Product Liability Act.
9.2 MAOMI shall only be liable for simple negligence in the event of a breach of essential contractual obligations and limited to the damage that is typical for the contract and foreseeable.
9.3 Further liability for damages is excluded.
9.4 The limitations of liability also apply to legal representatives and vicarious agents.

10. Contents and materials
All materials handed over to the customer are the customer's responsibility and, if lost, can only be replaced at additional cost.

11. Confidentiality
All non-public information must be treated as confidential and may only be disclosed with the consent of the party concerned.

12. Notices
Notices may be given by email to the addresses provided and will be deemed given upon independent verification.

13. Law and jurisdiction
German law applies exclusively, excluding the CISG. The place of jurisdiction is Mannheim.

14. Final provisions
14.1 Should parts of these Terms and Conditions be invalid, the remainder of the contract shall remain valid.
14.2 Any provisions which have not become part of the contract or which are ineffective shall be governed by the statutory provisions.