Terms and conditions

§1 Seller Information

The online store is operated by:

§2 Scope

1. These Terms & Conditions apply to all orders placed through this online store.
2. The Store is intended for:
   • private customers (B2C);
   • business customers (B2B).
3. Where specific provisions apply only to consumers or only to business customers, this is expressly indicated.

§3 Products

1. MIS Industrial Service GmbH offers industrial machinery, spare parts, industrial components and related equipment.
2. Products may be:
   • new;
   • refurbished;
   • used.
3. The condition of every product is described on its respective product page.
4. Product photographs are intended for illustration purposes only and may differ slightly from the delivered goods.
5. Minor technical changes that do not affect the functionality of the product may occur.
6. Product availability is subject to stock.

§4 Prices

1. All prices displayed in the Store are shown in Euro (EUR).
2. Prices include German VAT where applicable.
3. Business customers purchasing under a valid intra-Community VAT number may receive VAT treatment in accordance with applicable European tax regulations, upon sharing such information along with full company details and valid VAT EU ID during placing the order.
4. Shipping costs are displayed separately before the Customer confirms the order.

§5 Customer Account

1. Customers may place orders:
   • as registered users;
   • as guests without creating an account.
2. Customers are responsible for maintaining the confidentiality of their login credentials.
3. MIS Industrial Service GmbH reserves the right to suspend or delete customer accounts used unlawfully or contrary to these Terms.

§6 Orders

1. The presentation of products in the Store does not constitute a legally binding offer.
2. By placing an order, the Customer submits a binding offer to purchase the selected products.
3. Immediately after submission of the order, the Customer receives an automated confirmation of receipt. This confirmation does not constitute acceptance of the offer.
4. A purchase contract is concluded only when MIS Industrial Service GmbH expressly accepts the order or dispatches the ordered goods.
5. MIS Industrial Service GmbH reserves the right to reject orders in justified cases, including:
   • product unavailability;
   • pricing errors;
   • suspected fraudulent activity;
   • incomplete customer information.

§7 Payment

1. Accepted payment methods are displayed during checkout and may include:
   • Bank Transfer;
   • Credit or Debit Card;
   • other payment methods available in the Store.
2. Payment must be completed within the period specified during checkout.
3. Orders may be cancelled if payment is not received.

§8 Delivery

1. Products are delivered worldwide, except countries being sanctioned from transactions with Germany or EU.
2. Delivery times displayed on the website are estimates only.
3. Delivery delays caused by:
   • shipping companies;
   • customs authorities;
   • force majeure;
   • events beyond our reasonable control,

   do not entitle the Customer to compensation.

4. Risk passes to Consumers upon delivery.
5. For Business Customers, risk passes in accordance with applicable commercial law.

§9 Inspection upon Delivery

1. Customers are requested to inspect the delivered goods immediately after receipt.
2. Visible transport damage should be reported directly to the carrier and to MIS Industrial Service GmbH without undue delay.
3. Failure to report transport damage does not affect statutory warranty rights.

§10 Retention of Title

1.  All delivered goods remain the property of MIS Industrial Service GmbH until full payment has been received.
2. For business customers, retention of title extends to all outstanding business relationships where permitted by law.

§11 Right of Withdrawal (Consumers Only)

1. If you are purchasing as a consumer within the meaning of applicable consumer protection laws, you have the right to withdraw from the purchase contract within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the day on which you, or a third party indicated by you (other than the carrier), acquires physical possession of the goods.
3. To exercise your right of withdrawal, you must notify MIS Industrial Service GmbH of your decision by means of a clear statement sent by e-mail or post.
4. The right of withdrawal does not apply to products excluded by applicable law, including goods manufactured to customer specifications, clearly personalised items, sealed products that are unsuitable for return due to health or hygiene reasons once opened, or other products for which the statutory right of withdrawal is excluded.
5. Detailed instructions regarding the exercise of the right of withdrawal and a model withdrawal form are available on a separate page of this website.

§12 Returns

1. Returned products must be sent back without undue delay and no later than 14 days after informing us of your decision to withdraw from the contract.
2. Unless otherwise agreed, the Customer bears the direct costs of returning the goods.
3. Returned products should be adequately packed to prevent damage during transport.
4. Refunds will be processed using the same payment method used for the original transaction unless another method has been expressly agreed.
5. We may withhold reimbursement until the returned goods have been received and inspected.

§13 Warranty and Complaints

1. Customers are entitled to statutory warranty rights in accordance with applicable law.
2. If the delivered product is defective, the Customer should notify MIS Industrial Service GmbH without undue delay.
3. Complaints should include:
   • order number;
   • description of the defect;
   • photographs where appropriate;
   • preferred solution.
4. Complaints may be submitted by e-mail to: sales@mis-service.de
5. The Seller will examine each complaint and respond within the period required by applicable law.
6. For used products, statutory warranty rights may be limited where legally permissible and expressly communicated before the purchase.

§14 Business Customers

1. Unless otherwise agreed in writing, the following provisions apply to Business Customers:
   • products are intended for professional use;
   • the Customer is responsible for verifying product suitability before purchase;
   • obvious defects must be reported immediately after delivery;
   • hidden defects must be reported immediately after discovery.
2. To the extent permitted by applicable law, liability for indirect or consequential damages, including loss of profit or production downtime, is excluded.
3. Nothing in these Terms excludes liability where exclusion is prohibited by law.

§15 Limitation of Liability

1. MIS Industrial Service GmbH shall not be liable for delays or failures resulting from circumstances beyond its reasonable control, including but not limited to:
   • force majeure;
   • natural disasters;
   • war;
   • strikes;
   • interruption of transport services;
   • cyber-attacks;
   • failures of telecommunications or utility providers.
2. The Seller’s liability for damages shall be limited to cases of intentional misconduct or gross negligence unless mandatory statutory provisions provide otherwise.
3. Liability for injury to life, body or health remains unaffected.

§16 Intellectual Property

1. All content available on this website, including but not limited to:
   • product photographs;
   • logos;
   • graphics;
   • technical descriptions;
   • catalogues;
   • documents;
   • software;
   • website design;

   is protected by copyright and intellectual property laws.

2. No content may be copied, reproduced, distributed or used without the prior written consent of MIS Industrial Service GmbH or the respective rights holder.

§17 Privacy

1. Personal data is processed in accordance with our Privacy Policy.
2. By using this website, the Customer confirms having read the Privacy Policy.

§18 Governing Law

1. These Terms & Conditions shall be governed by the laws of the Federal Republic of Germany.
2. For Consumers, mandatory consumer protection provisions applicable in the country of their habitual residence remain unaffected.
3. The place of jurisdiction for disputes involving Business Customers shall be the competent court at the Seller’s registered office, unless mandatory statutory provisions provide otherwise.

§19 Severability

1. Should any provision of these Terms & Conditions become invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.

§20 Amendments

1. MIS Industrial Service GmbH reserves the right to amend these Terms & Conditions where necessary due to:
   • changes in legislation;
   • technical developments;
   • changes in payment methods;
   • changes in delivery services;
   • operational requirements.
2. The latest version shall always be published on this website.

§21 Contact

1. If you have any questions regarding these Terms & Conditions, please contact: