General, scope of application

1.1 The following terms and conditions apply exclusively to all offers, contracts, deliveries and other services, including consultancy services, information etc. between consumers within the meaning of § 13 BGB (German Civil Code) as customers and PaintMaster SARL. By placing an order, the customer agrees to these in full.

1.2 Deviating agreements are only valid if they are specifically agreed and confirmed in writing. Deviating conditions, even if they have been communicated by the customer as his terms and conditions, shall not be binding on us. Our silence with regard to deviating commitments shall not be deemed to be recognition or consent. The customer recognises our terms and conditions of sale, delivery and payment at the latest by accepting our order confirmation or the first service and partial service provided by us. Should individual partial agreements be ineffective, the validity of the remaining conditions shall remain unaffected.

1.3 These General Terms and Conditions are available to the customer on our homepage http://monster-airless.com/ for retrieval and storage.

Offer and conclusion of contract

2.1 Offers are always subject to change. Orders require written confirmation to be legally valid, the content of which is decisive for the contractual relationship. An order becomes binding upon delivery. Telephone and verbal agreements as well as agreements with representatives shall only become legally valid once they have been confirmed in writing. Transmission errors in telephone enquiries shall be borne by the customer.

2.2 The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. We reserve the right of ownership and copyright to cost estimates and other documents; they may not be made accessible to third parties.

2.3 We reserve the right to provide goods of equivalent quality and price or not to provide the service if the goods ordered by the customer are not available.

Prices, terms of payment

3.1 The prices quoted by us are in euros plus VAT.

3.2 If the customer does not make payments in accordance with the above provisions or special contractual agreements, he shall be in default of payment even without a reminder. In this case, we shall be entitled to charge interest on arrears from the due date in the amount of our own credit costs, but at least 5 per cent above the applicable base interest rate. We reserve the right to claim further damages.

3.3 If the customer defaults on payment, we shall be entitled to withdraw from all contracts concluded with him. Any deferred or not yet due claims shall become due for payment without any deduction. The same shall apply in the event of any other visible deterioration in the customer's assets, in particular in the event of an application for the opening of insolvency proceedings or the implementation of other judicial enforcement measures. In such cases, all discounts, bonuses etc. shall be deemed to have lapsed, so that the customer must pay the gross prices invoiced.

3.4 The customer waives the right to assert a right of retention from previous or other transactions in the current business relationship. The offsetting of counterclaims is only permissible insofar as these are recognised by us and are due for payment or have been legally established. For non-merchants within the meaning of the German Commercial Code (HGB), the statutory provisions shall apply.

Delivery and transfer of risk

4.1 We deliver the goods in accordance with the agreements made with the customer. Any shipping costs incurred are listed in the individual contract and are shown separately on the invoice. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.

4.2 If a binding delivery time has been specified or agreed and, contrary to expectations, we are unable to meet it, we shall inform the customer immediately of the delay in delivery. Insofar as we are aware of this, the new delivery date will be stated to the customer in this information. If the delay in delivery is due to a circumstance for which we are responsible, the customer is free to wait for the goods or to cancel the order. In the event of cancellation, any payments already made will be refunded immediately. Force majeure, strike, incapacity on our part or on the part of one of our material suppliers through no fault of our own as well as unfavourable weather conditions shall not constitute a reason and shall extend the delivery period by the duration of the hindrance.

4.3 If we do not deliver the goods or do not deliver them in accordance with the contract, the customer is obliged to set us a grace period to fulfil the service. Otherwise, the customer is not entitled to withdraw from the contract.

4.4 The risk shall pass to the customer at the latest when the delivery is dispatched. At the customer's request and expense, we shall insure the consignment against theft, breakage, transport, fire and water damage and other insurable risks. We are not obliged to take out insurance.

Guarantee

5.1 If the delivered goods are defective, the customer shall be entitled within the framework of the statutory provisions to demand subsequent fulfilment in the form of rectification of the defect or delivery of a defect-free item. If the subsequent fulfilment fails, the customer is entitled to reduce the purchase price or withdraw from the contract. The prerequisite for any warranty rights is that the customer properly fulfils all inspection and complaint obligations owed in accordance with § 377 HGB (German Commercial Code), provided that the customer is a merchant.

5.2 The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.

5.3 No warranty is given for damage caused by the following reasons: unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, unless they are attributable to our fault.

5.4 The sale of used products is not subject to the warranty provisions and is therefore free from any claims.

Retention of title

6.1 We reserve title to the delivery item until the claim has been completely fulfilled. If the customer is a merchant within the meaning of the German Commercial Code (HGB), we reserve title to the delivery item until all our claims against the customer arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled. This shall also apply if individual or all claims have been included in a current account and the balance has been struck and recognised.

6.2 In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing

Place of fulfilment, place of jurisdiction and data protection

7.1 The law of the Principality of Monaco shall apply exclusively. The application of the Uniform Law on the International Sale of Goods (UN Sales Convention, Hague Convention) is expressly excluded.

7.2 The place of fulfilment is the registered office of PaintMaster SARL in Monaco.

7.3 The assignment of rights and obligations by the customer to a third party requires our written consent.

7.4 The customer is advised that personal data (name, address and invoice data) may be stored, processed and transmitted by us to credit agencies for the purposes of business transactions. In this context, we may also report data to the credit agencies regarding the contractual or non-contractual fulfilment of the contractual relationship entered into with the customer. In accordance with the Federal Data Protection Act, these reports may only be made insofar as this is necessary to protect our legitimate interests or the legitimate interests of a contractual partner of the credit agency or the general public and the interests of the customer worthy of protection are not impaired as a result. The credit agency stores the data in order to be able to provide its affiliated companies with information on the creditworthiness of customers. The credit agency only makes the data available to its affiliated companies if they can credibly demonstrate a legitimate interest in the data transfer.

Statutory right of cancellation for consumers

8.1 The consumer shall bear the regular costs of returning the goods within the scope of the statutory right of cancellation if the price of the goods to be returned does not exceed €40 or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a partial payment at the time of cancellation, unless the delivered goods do not correspond to those ordered.

8.2 Below you will find the legally required information on the requirements and consequences of the right of cancellation for consumers (cancellation policy):

RIGHT OF CANCELLATION:

You can cancel your contractual declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations in accordance with § 312c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV and our obligations in accordance with § 312 e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. The cancellation is to be sent to:

PaintMaster SARL
25bis, bld. Albert 1er
MC-98000 Monaco
Tel. -33-6 07 93 68 24
E-mail: info@monster-airless.com

CONSEQUENCES OF CANCELLATION:

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods or services received in full or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at our risk. You must bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid the consideration or a contractually agreed instalment at the time of cancellation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt.

End of the cancellation policy

Final provisions; severability clause

9.1 These General Terms and Conditions, together with the individual contracts concluded between the parties, form the entire contractual agreement. In the event of any conflicts between these General Terms and Conditions and the provisions of an individual contract, the provisions of the respective individual contract shall take precedence.

9.2 General terms and conditions of the customer that contradict these provisions shall not apply. Their validity is expressly excluded by the contracting parties.

9.3 Should one or more provisions of these terms and conditions be or become invalid or void or should there be a loophole in these terms and conditions, this shall not affect the validity of the remaining provisions.