General
(1) The following general terms and conditions (TCG) apply to all Maxitel deliveries and offers.
(2) A consumer, in the sense of these General Terms and Conditions, is a natural person who completes a legal transaction with an objective that cannot be largely attributed to his professional or independent professional activity. The entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of his commercial or independent professional activity.
2. Offer and conclusion of the contract
Our range of offers is not binding. The customer's order represents an offer to complete a purchase contract. Confirmation of receipt of the order sent later by the computer and any subsequent status reports does not yet constitute acceptance of the offer. The purchase contract is concluded as soon as we deliver the ordered goods and the customer receives the Confirm the shipment.
3. Prices, transport, return costs, partial deliveries
(1) Our prices are basically those indicated in the shopping cart on our website at the time of ordering. Different prices, which can be displayed on pages loaded from temporary storage (browser cache, proxies), are not current and are invalid. Unless expressly agreed in writing, our prices apply from the point of shipment, excluding packaging, shipping and possibly cash on delivery fees.
(2) Transport costs are borne by the customer. This depends on the shipping method, payment method, weight and shipping destination. They are calculated and shown in the shopping cart before an online order or are provided in the case of telephone orders and shown separately on the invoice. The choice of the shipping method is made at the customer's request or within the limits of the allowed options and in the best possible way. An overview of the various shipping and payment options, as well as the corresponding prices, are published on our website.
(3) To the extent that the customer is a consumer and makes effective use of his right of withdrawal, he bears the regular costs of returning or collecting the goods, if the delivered goods correspond to those ordered and if the price of the returned item does not exceed a value of 8,400.00 KZ or Euro and USD Equivalent. Shipping costs will be refunded in the amount of the most economical standard delivery.
(4) In the case of partial deliveries that we arrange without consulting the customer, subsequent deliveries are made free of charge. In the case of special customer requests for delivery distribution, the agreed shipping costs for each partial delivery are also calculated.
4. Delivery times
The expected delivery times depend on the product and are indicated on our website by corresponding symbols or explanations. If changes occur in the expected delivery time after placing an order, the customer will be automatically informed by email and, if he is a consumer, he will have the right to withdraw his order or make changes at any time until the right to withdraw enter into force, unless otherwise agreed.
5. Transfer of risk and guarantee
(1) If the customer removes the goods, the risk of accidental loss or damage passes to the customer when the goods are delivered. If Maxitel sends the goods to the customer, the risk is transferred to the carrier when the goods are delivered to the carrier and to consumers when the goods are delivered to the consumer by the carrier to the client.
(2) The guarantee starts with the delivery of the goods and is based on legal provisions.
(3) The term of legal guarantees for defects is 4 to 12 months for new goods and 2 months for used goods, provided that the customer is a consumer.
(4) If the customer is a company, the warranty period is 12 months and Maxitel has the option to correct the defect or deliver an item without defects; Obvious defects in goods or computer performance must be reported in writing immediately, no later than 14 days after receipt of goods. If defects are not reported in time, the goods will be considered approved.
(5) Maxitel assumes no warranty for normal wear and tear of the goods, as well as defects resulting from incorrect or negligent handling or operation or unusual operating conditions.
6. Limitation of liability
(1) Limitations of liability do not apply to damage based on intent or serious negligence, as well as to Cracks, drafts in products or equipment.
(2) Regardless of the legal basis, claims for damages or reimbursement against Maxitel, as well as its indirect agents, are limited to the amount of damage that Maxitel could reasonably expect to have occurred when the contract was concluded. Unless the damage results from the breach of an essential contractual obligation, that is, a duty that only permits the proper performance of the contract and in compliance with which the client trusts or can rely on regularly, the compensation for damages is limited. The customer is responsible for backing up their data. Maxitel is responsible only for the effort
7. Payment
(1) Unless the parties agree otherwise, our invoices are due immediately without deduction.
(2) The customer can choose from several payment methods offered on the customer's account, depending on the order value, the delivery method, the destination and the shipping settings. The various options are available in the shopping cart and are also described in the information area on our website.
(3) Maxitel reserves the right, in individual cases or if payment is refused by credit institutions or providers of the respective payment method, to execute the order only against cash payment on delivery or in advance. In this case, the customer can accept or withdraw his order.
(4) Costs arising from rebooking a payment transaction due to insufficient coverage or due to data transmitted incorrectly by the customer will be charged to the customer.
(5) Checks are not accepted.
(6) In the event of late payment, maxitel is entitled to charge default interest of 5% to consumers and 8% to entrepreneurs above the applicable basic price.
(7) Compensation is not permitted, except for an indisputable or legally established counterclaim. Retention of payments by the buyer due to the counterclaim of other contractual relationships is excluded.
8. Retention of title
All goods delivered by us remain the property of Maxitel, until payment and full settlement of all claims in the delivery contract. This also applies to conditional claims.
If the customer is an entrepreneur or company, the following rules will also apply: Third party access to goods belonging to or belonging to Maxitel, must be reported immediately by the customer. The client is charged with the costs of such intervention due to a third party complaint or with the costs of extra-procedural approval. As a precautionary measure, the customer attributes the claims arising from the resale or any other legal reason relating to the reserved goods (including all claims on the current account balance) to Maxitel.
9. No right of withdrawal
There is no right of withdrawal for contracts for the delivery of sound or video recordings or computer software in a sealed package or sealed goods for reasons of hygiene or health protection, if the seal is removed after delivery. When data that is not on a data medium (for example, downloads) is delivered, the withdrawal right will expire if the consumer agrees that the contract will be executed before the objection period ends and he confirms that the execution will lose his right to withdraw. withdrawal.
10. Data protection
(1) Our data protection practice is in line with applicable data protection laws.
(2) The customer's e-mail address is used by Maxitel only to write information about the orders and, if requested by the customer, for its own newsletter. In addition, Maxitel regularly sends customers carefully selected offers for similar products in its line by email. The customer can object to the use of his e-mail address for advertising purposes by informal e-mail, without incurring costs in addition to transmission costs according to basic tariffs.
(3) Maxitel does not transmit personal customer data to third parties. This does not apply to service partners that require data transmission for order processing. In such cases, however, the scope of the transmitted data is limited to the minimum necessary.
(4) The customer has the right to information and the right to correct, block and delete their stored data. If the exclusion is contrary to legal or contractual retention requirements or other legal reasons, the data will be blocked.
11. Final provisions
(1) These general terms and conditions contain all the rights and obligations of the contracting parties.
(2) Duty to provide information that allows the consumer to be easily accessible, clear and understandable.
Maxitel is not fundamentally obligated and is not willing to participate in the dispute settlement procedures of a consumer arbitration board.
(3) If one of these provisions is ineffective, the effectiveness of the remaining provisions will not be affected. The parties strive to replace ineffective provisions with effective agreements that largely achieve the desired economic objective.
Maxitel,
Address: Rua, Comandante Kassanje
Province and City Benguela - Angola.
Mobile (+ 244) 948876303
SMS (+244) 931401660
maxitel.telecom@gmail.com
Version nº 1 of 16 november 2020 (Online Store)