General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Marko Gebauer Automaten und -service, Sebastian-Kneipp-Str. 41, 37217 Witzenhausen.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

When the contract with us is concluded depends on the payment method you choose:

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Services

In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. Depending on the payment method you select, you may be redirected to the PayPal website and the selected payment service after placing your order. There you can enter your payment details and confirm the payment instruction, if this has not already happened in our online shop. After placing your order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers.

You generally have the option of picking up your machine from Marko Gebauer Automaten und -service after making an appointment in advance

5. Payment

In our shop you can generally use the following payment methods:

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been dispatched. You will receive further information during the ordering process.

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Payment processing through PayPal Services
In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. You do not need to be registered with PayPal to pay the invoice amount. Depending on the payment method you select, you may be redirected to the PayPal website and the selected payment service after placing your order:
Credit card:The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after you have been identified as the legitimate cardholder, and your card will be charged.
Giropay:On the PayPal website, you can enter your payment details and confirm that PayPal will use your data. You will then be redirected to the Giropay GmbH website. In order to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will then be carried out immediately and your account will be debited.
Direct debit:On the PayPal website, you can enter your payment details, confirm PayPal's use of your data and the payment order to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be debited.
Immediately by Klarna:On the PayPal website, you can enter your payment details and confirm that PayPal will use your data. You will then be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will then be carried out immediately by Sofort and your account will be debited.
You'll get more information during the ordering process.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

7. Retention of title

The goods remain our property until full payment.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the recourse claim according to Section 445a of the German Civil Code remain unaffected.
In dealings with businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

10. Liability​​​​​​​

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute settlement​​​​​​​

The European Commission provides a platform for online dispute resolution (ODR), which youhereWe are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.

As of: 01 July 2024