of the Messeprojekt GmbH online shop
1. SCOPE OF APPLICATION
1.1 These terms and conditions regulate the contractual relationship between Messeprojekt GmbH ("MP") and the customer ("customer"), together with the terms for placing orders with the MP online shop.
1.2 The online shop is aimed at "business-to-business" transactions and is therefore exclusively open for use by business customers within the meaning of § 14 BGB (German Civil Code). On using the online shop, the customer confirms the above business status.
1.3 By placing an order with MP the customer agrees to the application of these Terms and Conditions to the order.
1.4 The contractual relationship between MP and the customer is exclusively subject to these Terms and Conditions. The applicability of the customer's terms and conditions is not recognized, unless MP expressly agrees to them in writing.
2.1 In order to use the online shop, the customer must register online in advance and create a customer account. Before submitting the registration data, the customer has the possibility to check the data by clicking on the button with the inscription "Done" and to correct any incorrect entries directly in the text fields. MP will confirm the successful registration by sending an email to the email address provided by the customer. On receipt of the confirmation email, the customer account will be activated and available for use.
2.2 The customer is responsible for ensuring that the details in the customer account are always correct and complete. If any information changes, the customer must update the relevant data in the customer account under "My account" before placing a new order.
3. ACCOUNT SECURITY AND PASSWORD
3.1 Customers who wish to use the MP online shop are responsible for ensuring the confidentiality of their customer account and password, and for restricting access to their computer or mobile device.
3.2 Customers are obliged to prevent unauthorized use of their customer account by third parties and to take all necessary and suitable measures to ensure the protection of their access data. MP therefore recommends that customers choose a secure password. Information on how to create a secure password can be found at the Federal Office for Information Security (BSI) at www.bsi.bund.de. Passing on the password to third parties is not permitted.
3.3 Customers are responsible for all activities carried out via their customer account using their password.
3.4 Customers must inform MP immediately by email to email@example.com if it is suspected that an unauthorized third party has gained knowledge of their access data and/or is using the customer account without authorization or if this is to be feared.
3.5 MP reserves the right to block a customer account if and to the extent that a case of item 3.4 exists and/or the customer uses the customer account contrary to these Terms and Conditions or violates applicable statutory regulations.
4. CONCLUSION OF CONTRACT
4.1 When using the online shop, customers have the possibility of individually configuring an exhibition stand for selected trade fair events according to their wishes and ordering the supply and assembly of the assembled exhibition stand. They also have the option of requesting further offers free of charge in the online shop.
4.2 Customers can only make a binding offer to conclude a contract for the temporary provision of a trade fair stand and for assembly and dismantling once they have gone through the online ordering process by entering the information required there and, in the final order step ("Checkout"), clicking on the „buy now“ button.
4.3 Before submitting their declaration of intent at checkout, customers have the opportunity to check the correctness of their entries again and to correct them in the event of input errors. In addition to the "Delete configuration" button, the quantity selection buttons for additional equipment and the "Change shipping information" button are also available for correcting address and shipping information.
4.4 Simply clicking on the button "Request offer" does not represent a binding offer to conclude a contract. In this case, the customer will only receive non-binding offer documents from MP.
4.5 The contract for the temporary provision of an exhibition stand as well as the erection and dismantling of the exhibition stand between MP and the customer is only concluded on receipt by the customer of the order confirmation from MP. This will be sent to the purchaser by email and/or a message in the customer's account. The order confirmation contains all contractual provisions including these Terms and Conditions. MP does not store the contract text separately.
4.6 The customer agrees to receive the invoices with the total price electronically. Electronic invoices are provided in PDF format by email.
All orders can be cancelled free of charge up to 10 days before the start of the event. Cancellations at a later date will be charged at the full order value.
Cancellations must be made in writing to the contact details provided.
6.1 In the online shop, the currently valid individual and overall prices for the articles selected by the customer are displayed.
6.2 Unless explicitly stated otherwise, all prices are quoted net in Euros, to which the relevant sales tax is added ("Order price").
6.3 Despite the greatest efforts, it cannot be ruled out that individual items in the online shop are labelled with the wrong price ("incorrect pricing"). MP checks the prices when processing the order before sending an order confirmation to the customer.
6.4 If there is an incorrect price at the expense of the customer (the actual price is higher than the order price), MP will contact the customer before sending the order confirmation and clarify with the customer whether the articles are to be ordered at the actual order price or if the order is to be cancelled. If there is an incorrect price in favor of the customer (the actual price is lower than the order price), MP will charge the customer the lower amount and indicate it in the order confirmation.
customer shall pay the total price plus VAT stated in the invoice
within the period specified in the invoice by one of the specified
methods of payment.
8.1 Unless otherwise agreed, the delivery/installation will be made at the stand address or delivery address specified by the customer.
8.2 The online shop indicates the availability of the individual items. MP also points out that all information on availability is only indicative and approximate guide values. It does not constitute a binding commitment. If an ordered article is not available, MP will offer a replacement article from its stock in consultation with the customer. If no agreement can be reached on a replacement article, both parties can withdraw from the contract. Claims for damages are excluded in such a case.
9. PROVISION OF ARTICLES
9.1 The exhibition stands delivered and/or assembled by MP and the additional services delivered (jointly referred to as the "articles") must be handled with care by the customer. The articles delivered and/or assembled by MP are made available only for the agreed purpose and only for the contractually agreed duration. During this period - from handover of the articles to return or start of dismantling - the customer bears the risk of damage and loss and must comply with the necessary duties of care. Transfer to third parties is not permitted.
9.2 When taking delivery of the articles, the customer must ensure that they are in proper condition, safe for use and complete.
9.3 Each delivered or installed item is and remains the property of MP or the partner providing the item to MP.
9.4 The transfer of risk takes place when the trade fair stand is handed over to the customer.
10. LIABILITY FOR DEFECTS
10.1 The customer is obliged to inspect the delivered and/or assembled articles for defects in accordance with § 377 HGB (German Commercial Code) and, if necessary, to report any defects that have been identified without delay. If the customer fails to report a defect, the articles will be regarded as having been approved, unless the defect was not identifiable during the inspection. If such a defect becomes apparent later, the notification must be provided immediately after discovery; otherwise, the articles will be regarded as having been approved with regard to this defect. The complaint must be made in writing, for which fax or email is sufficient.
10.2 The articles which are available via the online shop are not newly manufactured and have been used several times, meaning that they may show signs of use. Both MP and the customer agree that such traces of use are not a defect and are to be accepted by the customer if it is not unreasonable for the customer to do so. In such a case, the customer is not entitled to assert any warranty claims against MP. MP also accepts normal traces of use on the articles which the customer has caused within the scope of the use of the articles.
11. LIMITATION OF LIABILITY
11.1 MP is only liable for damages whose cause is based on a grossly negligent or intentional breach of duty or on at least a negligent breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfilment is essential to the proper execution of the contract, whose observance the contractual partner therefore relies on and may rely on and/or obligations whose breach jeopardizes the achievement of the purpose of the contract. In the case of negligent breach of cardinal obligations, liability is limited to the level of typically foreseeable damage.
above limitation of liability does not apply to damage resulting from
injury to life, body or health or to the extent that MP has
exceptionally assumed a guarantee. In addition, liability in accordance
with the applicable statutory product liability regulations remains
12. DATA PROTECTION
personal data provided by the customer as part of the registration and
use of the MP online shop will be collected, stored and used by MP
exclusively in accordance with the provisions of the General Data
Protection Regulation, the Federal Data Protection Act (BDSG) and the
Telemedia Act (TMG).
data will only be passed on to third parties if this is necessary for
the use of the online shop and the execution of the contractual
relationship, and MP is authorized to do so under data protection law or
with the consent of the person concerned.
13. CLOSING PROVISIONS
13.1 If one or more provisions of these Terms and Conditions are invalid or unenforceable in whole or in part, the validity of all the other provisions of these Terms and Conditions will not be affected. The ineffective or unenforceable provision will be regarded as having been replaced by whatever effective and enforceable provision comes closest to the economic purpose pursued by the parties with the ineffective or unenforceable provision. This also applies to any omissions in these Terms and Conditions.
13.2 MP reserves the right to make changes to the online store or application, including these Terms and Conditions, at any time. The Terms and Conditions in force at the time of the respective order will apply to each order.
13.3 The contractual language available to the customer is exclusively German.
13.4 The place of jurisdiction for all possible disputes arising from the business relationship between MP and the customer is Leipzig, as far as legally permissible.
13.5 The contractual relationship between MP and the customer is subject exclusively to the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).