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General terms and conditions

 

§ 1 General, Scope

 

1.1.

The following conditions apply to all offers, deliveries and services of the company MTM Motorentechnik Mayer GmbH, Dr.-Kurt-Schumacher-Ring 48, 85139 Wettstetten, represented by the managing director Roland Mayer, on the domain http: //www.mtm- online.de.

 

1.2.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs, on the other hand, are any natural or legal persons or a legal partnership that, in the course of entering into a legal transaction, is acting in the exercise of its independent professional or commercial activity

 

1.3.

Order processing and contacting are also carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is correct, so that the e-mails sent by the seller can be received at this address. When using SPAM filters, it must be ensured that all mails sent by the seller or by third parties commissioned with the order processing can be delivered.

 

§ 2 offers, order confirmation, conclusion of the contract

 

2.1.

The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in a virtual. Via the corresponding button in the navigation bar the “shopping cart” can be opened and the composition can be changed. If the customer is satisfied with the cart composition, he can continue in the ordering process. After entering or checking the personal data as well as the payment and shipping conditions, all order data will be displayed on an overview page.

As far as you use the – if necessary offered – instant payment system “PayPal – Express” by clicking on the corresponding integrated button in the shop system, you will be redirected to the login page of PayPal. After successful registration, your PayPal address and account information will be displayed. After confirming the data on the PayPal page, you will be redirected back to our online shop on the order overview page.

Before submitting the order, you have the opportunity to review all information again, to change (also via the function “back” of the Internet browser) or cancel the purchase.

By submitting the order via the button “buy” you make a binding offer from us.

 

2.2.

Your order via our o.g. Internet shop represents each an offer to us to conclude a purchase contract. A purchase contract is only concluded when we have your order, e.g. By sending our invoice, confirm as accepted or comply with it by sending the goods. After expiry of 2 calendar days, calculated from the day following the date of receipt of the customer offer with us, the customer is no longer bound by his offer if his offer has not been accepted by us until then.

 

2.3.

The contract text is not stored by the seller and can not be retrieved after completion of the ordering process. However, the customer can print out the order data immediately before sending by the print function of his browser and receives after ordering an e-mail in which the order of the customer is listed again.

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2.4.

Order processing and contacting take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is correct, so that the e-mails sent by the seller can be received at this address. When using SPAM filters, it must be ensured that all mails sent by the seller or by third parties commissioned with the order processing can be delivered.

 

§ 3 prices

 
All prices are in Euro and include the legal value added tax and do not include shipping and packaging costs.

 

§ 4 delivery

 

4.1.

The delivery takes place by sending the goods from stock to the address given by the customer.

 

4.2.

The delivery takes place against the packaging and shipping costs specified in the Internet order. If the customer desires a special type of shipment, incurring higher costs, he also has to bear these additional costs.

 

4.3

If the customer is in default of acceptance of the goods, he shall bear the costs of a new delivery, as far as the unsuccessful first delivery by the customer is responsible and he has not exercised his right of withdrawal.

 

4.4.

Partial deliveries are only permitted if these are reasonable for the customer or if the customer has expressly agreed. Unreasonable are e.g. Partial deliveries of a uniform object of purchase. Partial deliveries have no influence on the rights of the customer due to performance disruptions.

 

§ 5 payments

 

5.1.

Unless otherwise stated in the offers, you can pay as follows:

  • advance payment
  • via PayPal
  • by transfer
  • Credit Card

 

5.2.

If prepayment is agreed, the payment is due immediately after conclusion of the contract.

 

5.3.

The customer can exercise a right of retention only if it concerns claims from the same contractual relationship.

 

§ 6 Right of withdrawal for distance contracts for consumers

 

Cancellation

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.

 

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must contact us (MTM Motoren-Technik-Mayer GmbH, Dr.-Kurt-Schumacher-Ring 48-50, 85139 Wettstetten, Germany, Fax +49 (0) 841 / 98188-20, Tel. +49 (0) 841 / 98188-0, email) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not exist with contracts
– for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
– for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can not be delivered until 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of revocation expires early in contracts

– for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery;
– for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
– for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

End of revocation

Please print out via the print function and cut off at the dotted line and fill in the form and send it to us.
 
________________________________________
Pattern revocation form
If you want to cancel the contract, please fill out this form and send it back.
 
1. An
MTM Motoren-Technik-Mayer GmbH
Dr.-Kurt-Schumacher-Ring 48-50
85139 Wettstetten
Germany
/ Fax 0841 / 98188-20

 
2. I hereby revoke the contract concluded by myself / us on the purchase of the following goods / providing the following services:
________________________________________
________________________________________
(Name of the goods, order number and price, if applicable)
 
3. Ordered on: ……….
 
4. Received on: ……….
 
5. (name, address of the consumer)

________________________________________
________________________________________
________________________________________
 
6.Date …….
________________________________________
Customer signature
(only with written revocation)
 
§ 7

– omitted –

 
§ 8 Liability

 
 
With regard to liability for defects within the scope of the statutory warranty, if the customer has purchased as a consumer, his liability for defects in the case of defects in the purchase of new items within two years, when buying used items within one year from the transfer of risk. If the customer has purchased as an entrepreneur, his liability for defects in the case of defects in the purchase of new items within one year from the passing of risk. Claims for defects when buying used items do not exist in this respect.

The seller is fully liable for damages resulting from injury to life, limb or health. Furthermore, he is liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other legally regulated cases. Insofar as essential contractual obligations are affected, the liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the buyer may regularly rely. With the injury of insignificant contractual obligations, the liability for slightly negligent breaches of duty is excluded. In addition, the statutory provisions apply

 

§ 9 Privacy

Our privacy policy can be found in the privacy policy.

 

§ 10 Miscellaneous

 

10.1.

Should one or more of the above conditions be or become ineffective or contain a gap, the remaining conditions shall remain unaffected insofar as adhering to the contract would not constitute an unreasonable hardship for the buyer (§ 306 BGB). The sole place of jurisdiction for all disputes arising from the contractual relationship as well as its effectiveness is our registered office if you are a registered trader, a legal entity under public law or a special fund under public law or have your registered office abroad. This contract is exclusively governed by the law of the Federal Republic of Germany. The validity of the UN sales law for the international purchase of goods is expressly excluded.

 

10.2. mandatory information

The identity and the address of the seller, which can be loaded, are based on the provider’s legal information. The seller is not subject to any particular behavioral codes. The essential characteristics of the goods or services as well as any limitation on the validity of the information provided are to be taken from the respective offer of the seller. Between seller and buyer, a contract is concluded by offer and acceptance. Details on the conclusion of the contract, in particular the individual technical steps to conclude the contract, are explained in detail under § 2 of these Terms and Conditions. Details of the contract, in particular the existence or non-existence of a right of revocation as well as its conditions and exercise – name and address of the revocation addressees as well as the legal consequences of the revocation – and warranty conditions result from the information provided by the user within no. 6,7 and 8 of these terms and conditions.
Input errors can, as under § 2, 2.1. described, corrected.
For contract text storage is on § 2, 2.3. directed.
The contract language is German.

 

10.3. OS platform

Information on online dispute resolution: The EU Commission provides an Internet platform for the online settlement of disputes (so-called “OS platform”).

The OS platform is intended as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts.

The OS platform can be reached at the following link: http://ec.europa.eu/consumers/odr.

Our e-mail address is:

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.




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