Terms of Sale
These terms govern sales of MasterDataTool (MDTv2) and related accessories by Polyvection UG (haftungsbeschränkt), Gebäude 99, Ruhlsdorfer Str. 95, 14532 Stahnsdorf, Germany ("we", "us") to private and business customers ("you").
1. Scope
These terms apply to all orders placed by email under info@polyvection.com. Conflicting terms of the buyer apply only with our written consent.
2. Conclusion of contract
Product information on this website does not constitute a binding offer. A binding contract is formed when, after receiving your order email, we issue a proforma invoice and you confirm payment of that invoice.
3. Prices and payment
All prices are in Euro (€). Prices for private buyers and German business buyers include the statutory German VAT (currently 19%). EU business customers receiving the goods VAT-exclusively must provide a valid EU VAT ID prior to invoicing.
Accepted payment methods are SEPA bank transfer and PayPal. Goods are dispatched after payment has cleared.
4. Delivery
Shipping within Germany is free via DHL. Shipping to the EU, UK, Switzerland and Norway is by FedEx, with cost quoted on request. Stated delivery times begin once payment has cleared and are non-binding estimates unless explicitly agreed in writing.
Risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover to the carrier. For consumers, risk passes upon delivery to the consumer in line with § 475 BGB.
5. Right of withdrawal (consumers only)
If you are a consumer in the meaning of § 13 BGB, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you, or a third party indicated by you, takes physical possession of the goods.
To exercise the right of withdrawal, inform us by an unambiguous statement (an email to info@polyvection.com is sufficient). Send the goods back to us without undue delay and in any event no later than 14 days from the day you communicate your withdrawal. You bear the cost of return shipping.
We will reimburse all payments received from you, including the standard delivery costs, no later than 14 days after we have received the returned goods. We may withhold reimbursement until we have received the goods or you have provided proof of dispatch, whichever is earlier.
You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
6. Warranty
Statutory warranty rights apply. In addition we grant a 24-month limited warranty on hardware defects in materials and workmanship from the date of delivery.
The warranty is void in case of:
- Modifications, repairs or alterations performed by parties other than us
- Damage caused by improper use, accident, neglect or external influence
- Damage caused by use of incompatible cables (in particular, non-shielded RJ45 cables on the MasterLink port, or the use of original LexCom ML-to-RJ45 cables which have a different pinout)
- Normal wear of mechanical parts
7. Software, alpha state, no fitness warranty
The reference software shipped with or made available for MDTv2 is explicitly in alpha stage. It is provided as a tool for hobbyists with embedded-software experience. We make no warranty of fitness for any particular purpose with regard to the software, and we do not undertake to support every possible installation scenario.
8. Liability
We are liable without limitation for damages caused by intent or gross negligence, for personal injury, and under the German Product Liability Act (ProdHaftG). For damages caused by simple negligence we are liable only for the breach of essential contractual obligations, and only to the extent of the foreseeable, contract-typical damage.
We are not liable for indirect or consequential damages arising from the use of MDTv2, including but not limited to damage to connected vintage equipment when the user disregards the cable-pinout warning given in the documentation.
9. Reservation of title
Goods remain our property until full payment has been received.
10. Applicable law and jurisdiction
These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent it does not deprive the consumer of mandatory protection of the law of their habitual residence (Art. 6 Rome I Regulation).
Place of jurisdiction for disputes with merchants, legal entities under public law, and special funds under public law is Potsdam, Germany.
11. EU online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Severability
Should individual provisions of these terms be or become invalid, this does not affect the validity of the remaining provisions.