General terms and Conditions of Sale (B2B)

MMM tech support GmbH & Co. KG

Date June 17th 2026

1. Provider and Contracting Party

The provider of the online shop (“www…”) and the contractual partner of the customer is

MMM tech support GmbH & Co. KG
Registered business address: Weigandufer 18, 12059 Berlin (Germany)
E-mail: Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.
Website: www.mmm-tech.de
VAT Identification No: DE285644197

registered in the Commercial Register of the Local Court (Amtsgericht) Charlottenburg (Berlin) under HRA 47522 B (the “Provider”), represented by its personally liable partner:
Mosler Verwaltungs GmbH, represented by its Managing Director Dr. Christoph Mosler-Teichmann.

The personally liable partner is registered in the Commercial Register of the Local Court Charlottenburg (Berlin) under HRB 145663 B.
All agreements entered into between you and us in connection with the purchase agreement arise in particular from these Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.

2. Scope of Application

These General Terms and Conditions (“GTC”) shall apply to all offers, purchase agreements, deliveries, and services of the Provider arising from orders placed by customers, irrespective of whether such orders are placed through the Provider’s online shop (www.mmm-tech.de), by e-mail, by telephone, or by any other means.
These GTC shall apply in particular to contracts concerning the sale and/or delivery of movable goods (“Goods”), regardless of whether the Provider manufactures the Goods itself or purchases them from suppliers (Sections 433, 650 German Civil Code (BGB)).
Unless otherwise agreed, the version of the GTC valid at the time of the respective order placed by the customer shall apply.
The offer is directed exclusively to entrepreneurs within the meaning of Section 14 BGB (i.e., natural persons, legal entities, or partnerships with legal capacity who, when entering into the transaction, act in the exercise of their commercial or independent professional activity), as well as legal entities under public law and special funds under public law.
The customer confirms this status upon registration and when placing an order in the online shop. The Provider shall be entitled, both prior to conclusion of the contract and throughout the business relationship, to request appropriate evidence of the customer’s status as an entrepreneur.
Consumers within the meaning of Section 13 BGB are excluded from purchasing Goods.
By registering and by placing each order, the customer confirms that it is acting in the exercise of its commercial or independent professional activity.
Any conflicting, supplementary, or deviating terms and conditions of the customer shall apply only if their validity has been expressly accepted in text form.
This requirement for consent shall apply in all cases, including where the customer refers to its own terms and conditions in the course of placing an order and the Provider does not expressly object thereto.
Contracts with customers shall be concluded exclusively in either German or English, depending on whether the customer places the order through the German-language or English-language version of the online shop.
Where the order is placed through the German-language website, only the German version of these GTC shall be authoritative. Where the order is placed through the English-language website, only the English version shall be authoritative.
English-language terms accompanied by corresponding German terms shall always have the meaning assigned to the respective German term.
Legally relevant declarations and notifications by the customer relating to the contract (e.g., setting of deadlines, notices of defects, withdrawal, or price reduction) must be made in writing.
For the purposes of these GTC, “in writing” includes written and text form (e.g., letter, e-mail, facsimile). Statutory formal requirements and additional evidentiary requirements, particularly in cases of doubt regarding the authority of the declarant, shall remain unaffected.
References to statutory provisions are for clarification purposes only. Accordingly, statutory provisions shall apply even without such clarification unless they are directly modified or expressly excluded by these GTC.

3. Information Provided in the Order or in the Online Shop

By submitting an order or registering in the online shop, the customer represents and warrants that all information provided therein, in particular its name, e-mail address, and banking details, is truthful and accurate. Any changes thereto shall be communicated to the Provider without undue delay.
By registering and by placing each order, the customer represents and warrants that it enters into the contract exclusively in the exercise of its commercial or independent professional activity. The Provider shall be entitled to request appropriate evidence of the customer’s status as an entrepreneur, including, without limitation, a VAT identification number, an excerpt from the commercial register, a business registration certificate, an extract from a chamber of commerce or professional register, or comparable evidence.
The Provider reserves the right to reject registrations or orders at its sole discretion and without stating reasons.
If the customer provides incorrect or incomplete information regarding its status as an entrepreneur, or fails to provide suitable evidence pursuant to paragraph (2) despite being requested to do so, the Provider shall be entitled to suspend the customer account, reject pending orders, and terminate existing contractual relationships for good cause, provided that continuation of the contractual relationship cannot reasonably be expected from the Provider in light of the circumstances of the individual case.
The customer shall indemnify and compensate the Provider for all losses, damages, and reasonable expenses incurred by the Provider as a result of intentionally or negligently incorrect information concerning the customer’s status as an entrepreneur. This includes, in particular, reasonable costs of verification, legal enforcement, legal defense, and any other disadvantages arising from the fact that the customer, contrary to its declaration, did not act as an entrepreneur. Any further statutory claims of the Provider shall remain unaffected.

4. Conclusion of Contract

The presentation and advertising of products in the Provider’s online shop do not constitute a legally binding offer to conclude a purchase agreement, but merely a non-binding invitation to submit an offer.
Upon completion of the ordering process, the customer submits a legally binding offer to purchase the respective product. The customer shall remain bound by its offer for a period of five (5) business days following submission of the order.
Receipt of the customer’s offer shall be confirmed automatically and without undue delay by e-mail. Such acknowledgement of receipt shall not constitute acceptance of the offer.
The contract shall only come into existence upon the Provider’s express declaration of acceptance (by e-mail or post), upon delivery of the goods ordered by the customer, or upon a request for payment issued following the customer’s order.
Orders for deliveries outside Germany shall only be accepted if the minimum order value of EUR 50.00 is reached. The applicable minimum order value is indicated in the pricing information provided in the online shop.
If delivery of the goods ordered by the customer is not possible, for example because the relevant goods are not in stock, the Provider shall refrain from issuing a declaration of acceptance. In such case, no contract shall be concluded. The Provider shall inform the customer thereof without undue delay and shall promptly refund any consideration already received.

5. Prices and Terms of Payment

Unless otherwise agreed in an individual case, the Provider’s prices valid at the time of conclusion of the contract shall apply, ex warehouse, plus statutory value-added tax (VAT).
In the case of shipment purchases, the customer shall bear the transportation costs ex warehouse and the costs of any transport insurance requested by the customer. Any customs duties, fees, taxes, and other public charges shall be borne by the customer. Shipping costs are specified in the pricing information available in the online shop.
Sales through the online shop shall generally be made on the basis of advance payment.
The customer shall only be entitled to rights of set-off or retention to the extent that its claim has been finally adjudicated, is undisputed, or has become res judicata. Notwithstanding the foregoing, the customer shall be entitled to set off claims against claims of the Provider where notices of defects or counterclaims arising from the same purchase agreement are asserted. The same shall apply to the customer’s right of retention.
In the event of default in payment, the Provider shall be entitled to charge default interest at a rate of nine (9) percentage points per annum above the applicable base interest rate pursuant to Section 247 BGB. The Provider reserves the right to prove and claim higher damages. For merchants (Kaufleute), the statutory claim to commercial maturity interest pursuant to Section 353 German Commercial Code (HGB) shall remain unaffected.
The Provider shall be entitled to withhold deliveries until full payment for the ordered goods has been received.
If, after conclusion of the contract, it becomes apparent (e.g., through the filing of insolvency proceedings) that the Provider’s claim for payment of the purchase price is jeopardized by the customer’s inability to perform, the Provider shall be entitled, in accordance with statutory provisions, to refuse performance and—where appropriate after setting a reasonable deadline—to withdraw from the contract pursuant to Section 321 BGB.
In the case of contracts for the manufacture of non-fungible goods (custom-made products), the Provider may declare withdrawal immediately. Statutory provisions regarding situations in which the setting of a deadline is unnecessary shall remain unaffected.

6. Methods of Payment

Orders may be paid using the following payment methods:

PayPal
Payment by invoice subject to the terms “Payment Prior to Delivery”
Payment upon Receipt of Invoice

Where delivery against invoice has been agreed, invoices issued by the Provider shall, unless otherwise agreed, become due and payable without deduction within fourteen (14) days after dispatch of the goods and receipt of the invoice by the customer.
If the customer fails to make payment within the aforementioned payment period, the customer shall automatically be in default.The Provider shall be entitled to charge the customer EUR 3.00 each for the second and third payment reminder.

7. Shipping Periods, Clearance Sale, Partial Deliveries, Force Majeure

Any shipping periods specified by the Provider shall always be deemed approximate only and may therefore be exceeded by up to twenty (20) business days. This shall not apply where a fixed shipping date has been expressly agreed. If no shipping period or shipping date is specified or otherwise agreed, shipment within five (5) business days shall be deemed agreed: (i) where advance payment has been agreed, beginning on the date of receipt of the full purchase price (including VAT and shipping costs); or (ii) where payment by cash on delivery or invoice has been agreed, beginning on the date the purchase agreement is concluded. Compliance with the shipping deadline shall be determined by the date on which the goods are handed over by the Provider to the transportation company.
The Provider shall be entitled to sell the goods at any time (including goods designated as “in stock” on the order form) if delivery is subject to advance payment and payment is not received by the Provider within five (5) business days after acceptance of the offer.
In such case, shipment within the agreed or indicated period shall only occur while stocks last.
If a supplier of the Provider fails to deliver goods designated as “not in stock” on the order form, or goods sold out pursuant to paragraph (2), in due time, the applicable shipping period shall be extended until delivery by the supplier plus an additional period of seven (7) business days, but in total by no more than three (3) weeks, provided that:
1. the delay is not attributable to the Provider; and
2. the Provider reordered the goods sufficiently early before conclusion of the contract (or, in the case of paragraph (2), before the sell-out occurred) such that timely delivery could reasonably have been expected under normal circumstances.
3. If the goods are unavailable through no fault of the Provider, or despite timely reordering cannot be delivered on time, the Provider shall be entitled to withdraw from the purchase agreement.
  The Provider shall notify the customer without undue delay of the unavailability and, in the event of withdrawal, promptly refund any payments already received.
If the customer has purchased several separately usable products in a single order, the Provider may deliver them in separate shipments.
Any additional shipping costs resulting therefrom shall be borne by the Provider.
However, if one of the ordered products is identified in the online shop as being out of stock and the customer requests advance delivery of the products that are in stock, the customer shall bear the resulting additional shipping costs.
The customer’s statutory rights regarding timely and proper delivery shall remain unaffected.
If the Provider is unable to comply with binding delivery deadlines for reasons beyond its control (non-availability of performance), the Provider shall inform the customer without undue delay and simultaneously communicate the expected new delivery deadline.
If performance remains unavailable within the new delivery period, the Provider shall be entitled to withdraw from the contract in whole or in part; any consideration already provided by the customer shall be refunded without undue delay.
Performance shall be deemed unavailable, for example, in cases of untimely self-supply by the Provider’s supplier where the Provider has entered into a congruent covering transaction, in the event of disruptions in the supply chain caused by force majeure, or where the Provider is not obligated to procure the goods in the individual case.

8. Shipment, Delivery Time and Transfer of Risk

Delivery shall be made ex warehouse, which shall also be the place of performance for delivery and any subsequent performance in accordance with Section 269 BGB.
At the customer’s request and expense, the goods shall be shipped to another destination (shipment purchase).
Unless otherwise agreed, the Provider shall be entitled to determine the method of shipment at its reasonable discretion, including the carrier, shipping route, and packaging.
Where goods are shipped in accordance with the agreements made with the customer and the Provider has not undertaken any additional installation, assembly, or similar services, the Provider’s obligation shall be limited to the timely and proper handover of the goods to the transportation company.
The Provider shall not be responsible for delays caused by the transportation company.
Any delivery period stated by the Provider (being the period between handover to the carrier and delivery to the customer) is therefore non-binding.
Where the Provider’s obligation is limited to shipment pursuant to paragraph (2), the risk of accidental loss, accidental deterioration, accidental destruction, and delay shall pass to the customer upon delivery of the goods to the transportation company.
For international deliveries, the customer shall be solely responsible for compliance with all import regulations, customs requirements, and import restrictions applicable in the destination country.

9. Retention of Title

The retention of title agreed below serves to secure all present and future claims of the Provider arising from the supply relationship existing between the parties concerning goods supplied, including balance claims arising from a current account relationship limited to such supply relationship.
The goods delivered by the Provider shall remain the property of the Provider until all secured claims have been paid in full.
The goods and any goods replacing them pursuant to the following provisions and subject to retention of title shall hereinafter be referred to as the “Reserved Goods”.
The customer shall handle the Reserved Goods with due care and maintain adequate insurance coverage.
The customer shall store the Reserved Goods for the Provider free of charge.
The customer shall take all measures necessary to ensure the effectiveness of the retention of title in the country of destination.
Until the realization event occurs, the customer shall be entitled to resell the Reserved Goods in the ordinary course of business.
Pledging or transferring the Reserved Goods by way of security is prohibited.
In the event of resale, the customer hereby assigns to the Provider by way of security all claims arising against the purchaser from such resale.
The same shall apply to any other claims replacing the Reserved Goods or otherwise arising in connection with the Reserved Goods, such as insurance claims or claims in tort in the event of loss or destruction.
The Provider revocably authorizes the customer to collect the assigned claims in its own name.
The Provider may revoke such collection authorization only upon occurrence of a realization event.
If third parties access the Reserved Goods, particularly by way of attachment or seizure, the customer shall immediately notify such third parties of the Provider’s ownership and shall inform the Provider without undue delay in order to enable the Provider to enforce its ownership rights.
If the third party is unable to reimburse the Provider for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for such costs.
The Provider shall release the Reserved Goods and any substituted goods or claims to the extent that their value exceeds the amount of the secured claims by more than twenty percent (20%).
The selection of the items to be released shall be at the Provider’s discretion.
The customer shall immediately notify the Provider if it intends to transfer the Reserved Goods to a location outside Germany and shall support the Provider in taking all measures necessary to ensure that the retention of title remains valid and enforceable in the relevant foreign jurisdiction.
If the Provider withdraws from the contract due to the customer’s breach of contract, particularly payment default (realization event), the Provider shall be entitled to demand surrender of the Reserved Goods.

10. Warranty; Defects

The customer's rights in the event of defects in quality or defects in title (including incorrect delivery, short delivery, improper assembly/installation, or defective instructions) shall be governed by the applicable statutory provisions unless otherwise provided below. Any rights of the customer arising from separately granted warranties, in particular manufacturer warranties, shall remain unaffected.
As a general rule, the Provider shall not be liable for defects of which the customer is aware at the time of conclusion of the contract or is unaware due to gross negligence (Section 442 German Civil Code (BGB)). The delivered goods shall be carefully inspected immediately upon delivery to the customer or to a third party designated by the customer. With regard to obvious defects or other defects that would have been identifiable upon immediate and careful inspection, the goods shall be deemed approved by the customer unless the Provider receives a written notice of defect within seven (7) business days after delivery. With regard to other defects, the delivered goods shall be deemed approved unless the Provider receives a written notice of defect within seven (7) business days after the defect becomes apparent; however, if the defect would have been apparent at an earlier point in time during normal use, such earlier point in time shall be decisive for the commencement of the notification period. Upon the Provider’s request, any allegedly defective goods shall be returned to the Provider carriage paid. In the event of a justified notice of defect, the Provider shall reimburse the costs of the least expensive shipping method; this shall not apply to the extent that such costs increase because the goods are located at a place other than the place of their intended use.
In the event of defects in the delivered goods, the Provider shall, at its option and within a reasonable period of time, be entitled and obligated in the first instance to remedy the defect or provide replacement goods. The Provider’s right to refuse subsequent performance under the applicable statutory provisions shall remain unaffected. In the event that subsequent performance fails, i.e., is impossible, unreasonable, refused, or unreasonably delayed, the customer may withdraw from the contract or reasonably reduce the purchase price. However, no right of withdrawal shall exist in the case of an immaterial defect.
The Provider shall be entitled to make subsequent performance conditional upon payment by the customer of the purchase price due. However, the customer shall be entitled to withhold a reasonable portion of the purchase price proportionate to the defect.
The customer shall grant the Provider the time and opportunity necessary to perform the required subsequent performance and, in particular, shall make the allegedly defective goods available for inspection at the place of performance of the subsequent performance (Section 439(5) BGB). In the event of replacement delivery, the customer shall return the defective goods to the Provider upon request in accordance with the applicable statutory provisions; however, the customer shall have no independent right to demand return. Subsequent performance shall neither include the removal, dismantling, or deinstallation of the defective goods nor the installation, attachment, or assembly of defect-free goods where the Provider was not originally obligated to perform such services; any claims of the customer for reimbursement of corresponding costs ("removal and installation costs") shall remain unaffected. The Provider shall bear or reimburse the expenses necessary for inspection and subsequent performance, in particular transportation, travel, labor, material, and, where applicable, removal and installation costs, at the place of performance of the subsequent performance, in accordance with the applicable statutory provisions and these Terms and Conditions, provided that a defect actually exists. Otherwise, the Provider may demand reimbursement from the customer of the costs incurred as a result of an unjustified request for defect remediation if the customer knew or should have known that no defect actually existed.
If a defect is attributable to the fault of the Provider, the customer may claim damages subject to the conditions set forth in Section 11.
In the case of defects in components manufactured by third parties that the Provider cannot remedy for legal, licensing, or factual reasons, the Provider shall, at its option, assert its warranty claims against the manufacturer or supplier on behalf of the customer or assign such claims to the customer. Warranty claims against the Provider with respect to such defects shall exist only under the other conditions and subject to these Terms and Conditions if judicial enforcement of the aforementioned claims against the manufacturer or supplier has been unsuccessful or is futile, for example due to insolvency. During the pendency of such proceedings, the limitation period applicable to the customer’s corresponding warranty claims against the Provider shall be suspended.
Any warranty shall be excluded if the customer modifies the delivered goods without the Provider’s consent or has them modified by a third party and, as a result, the remedy of defects becomes impossible or unreasonably difficult. In any event, the customer shall bear any additional costs incurred in remedying defects as a result of such modification.
Where the delivery of used goods has been agreed with the customer in an individual case, any warranty for defects in quality shall be excluded unless a specific quality or functionality has been expressly warranted.
Claims of the customer for reimbursement of expenses pursuant to Section 445a(1) BGB are excluded unless the final contract in the supply chain constitutes a consumer goods sale (Sections 478, 474 BGB) or a consumer contract for the provision of digital products (Sections 445c sentence 2, 327(5), 327u BGB). Claims of the customer for damages or reimbursement of futile expenses (Section 284 BGB) shall exist, including in the event of defects in the goods, only in accordance with Sections 11 and 12 below.

11. Software, Firmware and Digital Services

To the extent that products contain software, firmware, cloud functionalities, APIs, or digital services (“Software”), the customer shall receive a simple (non-exclusive), non-transferable right of use to the extent necessary for performance of the contract.
The customer shall not be entitled to make copies of the Software except where necessary for use in accordance with paragraph (1) or for backup purposes.
The customer may transfer the rights granted to it in the Software to a third party only if ownership of the relevant product (in particular any hardware product) is transferred to such third party simultaneously and the customer retains no copies of the Software.
The Provider does not owe any specific availability of online services, APIs, or cloud functionalities unless expressly agreed in writing.
The customer shall perform regular data backups in accordance with the current state of the art.
The Provider shall be entitled to implement security updates, firmware updates, or technical modifications to the extent reasonably acceptable to the customer.
Under no circumstances shall the Provider be obliged to disclose the source code of the Software.

12. Liability for Damages

The Provider’s liability for damages, regardless of the legal basis, including impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations, and tort, shall, insofar as fault is required in each case, be limited in accordance with the provisions of this Section 11.
The Provider shall not be liable for ordinary negligence on the part of its corporate bodies, legal representatives, employees, or other agents, unless such negligence results in a breach of essential contractual obligations.
Essential contractual obligations are those obligations whose fulfillment is indispensable for the proper performance of the contract and upon whose observance the contractual partner may regularly rely.
To the extent the Provider is liable for damages pursuant to paragraph (2), such liability shall be limited to damages that the Provider foresaw as a possible consequence of a breach of contract at the time the contract was concluded or should have foreseen through the exercise of customary due care.
Indirect damages and consequential damages resulting from defects in the delivered goods shall furthermore be compensable only insofar as such damages are typically to be expected when the goods are used as intended.
The limitations set forth in this paragraph (3) shall not apply in cases of intentional misconduct or gross negligence by members of the Provider’s governing bodies or senior management personnel.
In the event of liability for ordinary negligence, the Provider’s obligation to compensate for property damage and resulting financial losses shall be limited, per event of damage, to the net order value of the delivery causing the damage, but in no event less than EUR 1,000.00 and not more than EUR 7,500.00, even where a breach of essential contractual obligations has occurred.
The foregoing exclusions and limitations of liability shall apply to the same extent in favor of the Provider’s corporate bodies, legal representatives, employees, and other agents.
To the extent the Provider provides technical information or advisory services and such information or advice does not form part of the contractually agreed scope of services, such information or advice shall be provided free of charge and to the exclusion of any liability.
The limitations contained in this Section 11 shall not apply to liability arising from: Intentional misconduct or fraudulent conduct; guaranteed characteristics or expressly assumed guarantees; injury to life, body, or health; or liability under the German Product Liability Act (Produkthaftungsgesetz).

13. Limitation Period

By way of derogation from Section 438 (1) No. 3 BGB, the general limitation period for claims arising from defects in title and defects in quality shall be one (1) year from delivery.
Where acceptance has been agreed, the limitation period shall commence upon acceptance.
This limitation period shall not apply to claims for damages arising from injury to life, body, or health or from intentional or grossly negligent breaches of duty by the Provider or its agents, which shall remain subject to the statutory limitation periods.
Where the goods constitute a building or an item that has been used for a building in accordance with its customary purpose and has caused the defectiveness of such building (building material), the statutory limitation period of five (5) years from delivery shall apply pursuant to Section 438 (1) No. 2 BGB.
Any additional statutory special provisions concerning limitation periods, including Sections 438 (1) No. 1, 438 (3), 444, and 445b BGB, shall remain unaffected.
The above limitation periods applicable to sales contracts shall also apply to contractual and non-contractual claims for damages by the customer arising from defects in the goods, unless application of the regular statutory limitation period under Sections 195 and 199 BGB would result in a shorter limitation period in the individual case.
Claims for damages pursuant to Section 11 and claims under the German Product Liability Act shall be governed exclusively by the statutory limitation periods.

14. Export Control and Compliance

The customer undertakes to comply with all applicable export control laws, embargo regulations, and sanctions requirements.
Resale to sanctioned countries or sanctioned persons is prohibited.
The Provider shall be entitled to suspend or refuse deliveries where compliance risks exist.

15. Data Protection and Electronic Communication

Personal data shall be processed in accordance with applicable data protection laws.
Further details are set out in the Provider’s Privacy Policy available on its website.
The customer agrees to electronic communication by e-mail for purposes of contract administration and performance.

16. Language of Agreement / Storage of Order Text

The contract shall be concluded in the German language. The text of the order shall not be stored by the Provider and cannot be retrieved after completion of the ordering process. However, the customer may print its order data immediately after submitting the order.

17. Applicable Law

These General Terms and Conditions and the entire legal relationship between the Provider and its contractual partners shall be governed exclusively by the laws of the Federal Republic of Germany, excluding: The United Nations Convention on Contracts for the International Sale of Goods (CISG); and the provisions of German private international law.

18. Place of Jurisdiction

If the customer is a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction, including international jurisdiction, for all disputes arising directly or indirectly from the contractual relationship shall be the Provider’s registered office in Berlin.
The Provider shall, however, also be entitled in all cases to bring legal proceedings at the place of performance of the delivery obligation, where different, or at the customer’s general place of jurisdiction, in accordance with applicable statutory provisions.
Mandatory statutory provisions concerning exclusive jurisdiction shall remain unaffected.

19. Place of Performance

The place of performance shall be Berlin, Germany.

20. Severability Clause

Should any provision of these General Terms and Conditions be or become invalid, unenforceable, or void, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall replace the invalid provision.
However, if application of the statutory provisions would constitute an unreasonable hardship for either party, the contract shall be deemed invalid in its entirety.