1. Validity, Formal Requirements
(1) These General Terms and Conditions (“GTCs”) apply to all contracts concluded by and between ourselves
(MURTFELDT GmbH & Co. KG, Heßlingsweg 14–16, 44309 Dortmund, Germany, Local Court – Registration Court – Dortmund, HRA 74077, VAT ID no.: DE 272 780 793, tel.: +49 (0)237 20609-0, fax: +49 (0)231 251027, email: info(at)murtfeldt.de)
and you as our customer (“Customer”, “Buyer”, or “User”).
(2) These General Terms and Conditions apply exclusively. We do not recognize any conflicting or deviating terms and conditions unless we have expressly agreed to the validity of the same in writing. These General Terms and Conditions shall also apply when we fulfill deliveries to the Buyer without reservation in the knowledge of the Buyer’s conflicting or deviating terms and conditions.
(3) Unless agreed otherwise, the version of the General Terms and Conditions valid at the time the Buyer placed their order or, in any case, the version most recently communicated to the Buyer in text form shall also serve as a framework agreement for similar future contracts without requiring us to reference these General Terms and Conditions again in each individual case.
(4) These General Terms and Conditions apply to both entrepreneurs and consumers. “Entrepreneur” means any natural person, legal entity, or partnership with legal capacity acting in the exercise of their commercial or independent professional activities when concluding the contract. “Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor part of their independent professional activities.
(5) The Customer must make legally relevant declarations and notifications with respect to the contract (e.g. setting deadlines, notifying us of defects, withdrawal, etc.) in text form (as per Section 126b of the German Civil Code (BGB)) as a bare minimum. Statutory formal requirements and additional evidence requirements, particularly in cases of doubt concerning the legitimacy of the declarant, remain unaffected.