1. Subject of the T&C Online
1.1. MAY operates an online shop at www.may-kg.com, www.may-berlin.de, www.mayberlin.de, www.may-kg.berlin, www.maykg.berlin, http://shop.may-kg.com und www.may.berlin for the sale of its products and as a service platform for its customers.
1.2. The subject of these ToC-Online is the conclusion and fulfilment of contracts via the online shop and the use of the online shop and services by the customer. The data protection declaration, the shipping conditions stated in the product description (shipping information) and the payment conditions stated in the product listing in the shopping cart (in this order) shall have priority over these ToC-Online. The General Terms and Conditions of Delivery for Products and Services of the Electrical Industry shall apply in addition and subordinate. These General Terms and Conditions Online can be accessed electronically at http://www.may.berlin/html/en/terms-and-conditions/
1.3. Individual agreements shall take precedence over the ToC-Online. On the part of MAY, only the management shall be entitled to agree regulations that deviate from the ToC-Online.
1.4. The customer's general terms and conditions shall not become part of the contract unless MAY has expressly agreed to them in writing.
1.5. These T&C Online are available in German and in English. In case of doubt, the German version shall be authoritative.
1.6. Â§ 312i, paragraph 1, sentence 1, nos. 1 to 3 and sentence 2 of the German Civil Code (BGB) is inapplicable in the relationship with the customer, irrespective of voluntary fulfilment.
2. User contract, registration
2.1. Viewing the range of goods offered by MAY is possible without registration. In order to use the ordering and service functions of the website, the customer must register as a user and log in.
2.2. Customers can register by entering their name, address, e-mail and telephone number in the registration form. By doing so, the customer makes an offer to conclude a contract of use. MAY will send the customer - if necessary after checking his data - his customer number by e-mail and enable him to log in to the online shop. With the sending of the customer number by MAY, the contract of use comes into effect.
2.3. There is no entitlement to registration or acceptance of the usage contract by MAY.
2.4. MAY reserves the right to change, expand or restrict the website and individual functionalities at any time.
2.5. Registration is only permitted to business customers; by registering, the customer confirms that he is acting as an entrepreneur for his business.
3. Product orders
3.1. The prices of the products are only visible for registered, logged in customers. In addition, non-registered users can request the prices by e-mail from MAY.
3.2. Orders via the Internet can only be placed by registered customers. An order is only permissible for the customer's business purposes. MAY's offers are not directed at persons who wish to use the services for private purposes or as consumers.
3.3. The product representations of MAY in the online shop are merely an invitation to make a binding purchase offer. Illustrations are non-binding. Price errors are reserved. The prices are only valid within the Federal Republic of Germany, the prices valid outside the Federal Republic of Germany can be requested by sending an e-mail to email@example.com.
3.4. Before submitting the order, the customer is shown his entries in a confirmation window (preview) and has the opportunity to correct any input errors.
3.5. By sending the order ("Execute Order") via the Internet, the customer submits a binding and unlimited offer. After sending the order, the customer receives a confirmation of receipt that MAY has received the customer's offer. The contract only comes into effect with an express declaration of acceptance by MAY (e.g. order confirmation) or by sending the ordered products to the customer.
3.6. MAY assumes no obligation to keep the customer's orders accessible in the customer's login area or otherwise to document them for the customer. MAY may therefore change any design of the login area at any time.
4. Obligations of the customer
4.1. When registering, the customer must provide all the necessary data completely and correctly. The registration of a legal entity may only be carried out by a natural person authorised to represent the entity, who must be named. The customer is obliged to keep all his registration and other required data correct and up-to-date at all times and to notify MAY of any changes without delay.
4.2. The customer is obligated to keep his access data strictly secret and to secure it against knowledge by third parties. The customer must inform MAY if there are indications that unauthorised persons are aware of the access data. The customer is liable for all activities carried out under his customer account, unless he did not initiate these and is not responsible for the misuse of his customer account.
4.3. MAY is entitled to delete customer accounts which have not been used for a period of more than one year. The customer shall be informed of this at least two weeks in advance by e-mail or post. In this case, the customer may register again at a later date. 4.4 Multiple registrations are not permitted.
4.4. Multiple registrations by the customer are not permitted. The user contract and/or a customer account are not transferable or assignable.
4.5. The customer shall save or print out and store documents or information (orders, delivery notes, orders, descriptions) transmitted by MAY or made available online in his own systems, insofar as he requires these for his own business or other purposes. MAY is under no obligation to store or retain documents or data for the customer.
4.6. The customer is obliged to refrain from any action that is likely to cause an excessive load on the website or otherwise impair or manipulate the functionality of the infrastructure of the website. This also applies to actions that are likely to jeopardize the integrity, stability or availability of the website.
5. Functions of the Website
5.1. MAY offer the customer the possibility to view his orders as well as his delivery notes in his customer account for a maximum of 180 days after delivery
5.2. During the performance of maintenance work on the website or the IT systems used to operate the website, the availability of the website may be restricted or excluded. Maintenance measures will be carried out as gently as possible for the customer. Regular or scheduled maintenance work will be carried out at times when general use is as low as possible and, in the case of significant duration, will be announced with reasonable advance notice. In addition, unannounced maintenance measures may be necessary, e.g. in the event of unforeseeable malfunctions (e.g. attacks, viruses). It is therefore incumbent on the customer to expect corresponding restrictions in availability.
5.3. A certain accessibility or availability of the website is not promised. In particular, MAY is not responsible for downtimes due to technical or other problems which are not within the sphere of influence of MAY (force majeure, fault of third parties, etc.).
6. Rights to content
MAY reserves its unrestricted property and copyright exploitation rights to all illustrations, photos, drawings, texts and other content on the website. Any unchanged or changed use of these contents or parts thereof by the customer requires the express and prior consent of MAY. In addition, clause I.2. of the General Terms and Conditions for the Supply of Products and Services of the Electrical Industry shall apply in this respect.
7. Term, termination, deletion, deactivation and other measures
7.1. The usage contract runs for an indefinite period and can be terminated by both the customer and MAY at any time with 14 days' notice in text form.
7.2. The contractual relationship may furthermore be terminated by either party for good cause without observing a period of notice. Good cause for MAY includes, in particular, significant conduct by the customer in breach of the contract, in particular the breach of legal regulations and of his obligations regulated in section 4 of these ToC-Online.
7.3. At the end of the contract, the customer account is blocked and the customer can no longer place online orders. From this point in time, the customer can also no longer retrieve his data stored in the customer account. MAY is entitled to delete all customer-related data immediately, insofar as no legal storage obligations exist. A storage of data for the customer takes place beyond the contractual relationship only with a separate express agreement.
8. Remuneration, invoicing
Registration as a user of the online shop is free of charge.
9.1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by MAY, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
9.2. In the event of a breach of essential contractual obligations, MAY shall only be liable for the foreseeable damage typical of the contract if this was caused negligently, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
9.3. The restrictions of paragraphs 1 and 2 shall also apply in favour of MAY's legal representatives and vicarious agents if claims are asserted directly against them.
9.4. The limitations of liability resulting from Paragraphs 1 and 2 shall not apply insofar as MAY has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply insofar as MAY and the customer have reached an agreement on the quality of the item.
10. Final provisions, applicable law and place of jurisdiction
10.1. Claims against MAY may not be assigned to third parties, either in whole or in part. MAY remains entitled to assign claims against the customer, in particular for the purposes of collection.
10.2. MAY is entitled to amend or supplement these ToC-Online at any time. MAY shall announce this to the customer in each case with a period of notice of at least one month to the date of amendment by notification in text form (e.g. e-mail). The customer is entitled to terminate the usage relationship until the change or supplement comes into effect by notification in text form. If this is not done, this shall be deemed to be consent to the amended or supplemented terms and conditions. MAY will point out this effect in each case.
10.3. Berlin is agreed as the exclusive place of jurisdiction.
10.4. MAY does not participate in dispute resolution proceedings before a consumer arbitration board.
In addition to the "May T&C Online", the General Terms and Conditions of Delivery for Products and Services of the Electrical Industry shall apply. These can be viewed and downloaded here: Terms of Delivery of May Distribution & Co KG. If the terms of delivery and the "ToC-Online" contradict each other, the terms of delivery take precedence..
Status: August 2021