Conditions of Use
Terms and Conditions
(1) The following general terms and conditions are part of the contractual relationship between www.motormobilia.de and the customer/buyer. www.motormobilia.de does not recognize deviating conditions of the customer, unless www.motormobilia.de has expressly agreed to their validity in writing.
(2) The offers from www.motormobilia.de are subject to change and non-binding. They only apply to the German market. Customer orders from www.motormobilia.de are binding offers. www.motormobilia.de can accept the customer's offer either by sending the goods directly or by confirming the order within a period of eight days. www.motormobilia.de points out that the possibility of delivery is and remains reserved. The customer's order is accepted on the terms of the website. Information on the delivery and service item represents a product description.
(3) The rights of the customer under the contract can only be transferred with the prior consent of www.motormobilia.de
§1 Right of withdrawal
Only as a consumer within the meaning of § 13 BGB can the customer revoke his contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or by returning the item. The cancellation period begins one day after receipt of the goods and sending of a separate cancellation policy in text form. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to: Name/Company: Uwe Schreiber Address: Kastanienweg 2 31020 Salzhemmendorf Telephone no.: 0178-9337789 Email address: motormobilia@web.de
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If the customer (consumer) of www.motormobilia.de cannot return the service received in whole or in part or can only return it in a deteriorated condition, he must pay www.motormobilia.de compensation for the lost value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection. In addition, the customer (consumer) can avoid the obligation to pay compensation by not using the item like an owner and refraining from anything that could impair its value. Transportable items are to be sent back. In the case of a return from a delivery of goods whose order value is up to EUR 40 in total, the customer (consumer) must bear the costs of the return if the delivered goods correspond to those ordered. Otherwise, the return for the customer is free of charge. Non-transportable goods will be picked up by the customer.
§2 The right of withdrawal does not apply to contracts
for the supply of goods which are made to customer order, this includes prints, posters and photographic prints which are made to order and are not in stock or goods which are clearly tailored to personal needs. The same applies to photographic prints, posters and printed matter specially made for the customer. There is also no right of withdrawal for items on commission if the consignor/seller is a private individual and does not act commercially. Commission items are marked as such in the item description. There is also no right of revocation for articles that have already been downloaded as a file, since this is not software with guaranteed properties, for example, but printed matter in digital form.
§2 file download
Files offered as a scan on CD are downloaded in PDF format with a resolution of 300-400dpi, the same quality as the scan on CD. The download link will be sent to the customer's valid email address within 24 hours.
The download takes place via Wetransfer and is valid for 7 days.
If the file is not downloaded within 7 days, I will incur costs and additional working time to provide it again.
Therefore, the download must be ordered/paid for again after 7 days.
Therefore, please note the instructions for downloading files.
§3 Delivery times and delivery deadlines
(1) The agreement of a binding delivery date between www.motormobilia.de and the customer can be made verbally and will be confirmed in writing by www.motormobilia.de. The delivery times specified in the item descriptions are understood to be from receipt of payment.
(2) The delivery period is met if the delivery item has left the factory by the end of the period or if the delivery is ready for dispatch when collected by the customer and the customer is informed of this.
(3) The delivery period is extended appropriately in cases of force majeure and due to events that make delivery significantly more difficult or impossible for the seller. This includes, in particular, measures within the framework of lawful labor disputes as well as strikes and lockouts in our own company, industrial dispute measures in third-party companies, provided that www.motormobilia.de is not at fault for averting them. Furthermore, in the case of unforeseen events such as war, blockade, mobilization. If these and related conditions are met, www.motormobilia.de is entitled to withdraw from the contract in whole or in part. In these cases, the customer will be informed immediately about the unavailability of the goods. The revocation consequences mentioned under § 2 apply.
§4 Shopping Accounts
At the customer's request, motomobilia.de will set up password-protected direct access for future orders in the shop. The customer undertakes to treat this password confidentially and not to make it accessible to unauthorized third parties. www.motormobilia.de assumes no liability for misused passwords. If no payment has been made for the ordered goods within 14 days, the order will be automatically canceled and the customer account in question will be deleted.
§ 5 Price and Payment Conditions
(1) The website price valid for the respective delivery on the day of the order (subject to short-term changes on the part of our suppliers) including the applicable statutory value added tax is deemed to be agreed as the price. Unless otherwise agreed in writing, the invoice amount is to be paid in advance.
(2) For all orders, we calculate the shipping costs specified in the item description or chosen by the customer.
(3) The retention of payments by the customer is excluded if counterclaims result from another contractual relationship. If the counterclaim is based on the same contractual relationship, the withholding of payments is only permissible if the counterclaims are undisputed or have been legally established.
(4) The customer can only declare offsetting against counterclaims if the claims are undisputed or have been legally established.
(5) For administrative reasons, sales tax will not be refunded in the event of an export abroad.
(6) If no payment has been made for the ordered goods within 14 days, the order will be automatically canceled and the customer account in question will be deleted.
§ 6 Retention of title
(1) www.motormobilia.de retains ownership of the goods delivered by it until all claims against the customer arising from the business relationship have been settled, regardless of the legal reason.
(2) If the reserved goods are processed and/or combined with items that are not owned by www.motormobilia.de, www.motormobilia.de acquires a co-ownership share in the new item in the ratio of the processed reserved goods to the item at the time the editing.
(3) In the event of breach of contract by the buyer, in particular default in payment, www.motormobilia.de is entitled to take back the reserved goods or, if necessary, to demand the assignment of the buyer's claims for surrender against third parties.
(4) If third parties access the goods subject to retention of title or the assigned claims, the customer/buyer will point out the ownership of www.motormobilia.de and notify them immediately, handing over the documents necessary for the intervention. The costs of the intervention are borne by the customer/buyer.
§7 Warranty
(1) The customer must notify www.motormobilia.de of any defects in the product. After the defect has been reported, the product will be sent to www.motormobilia.de at their expense.
(2) The warranty of www.motormobilia.de is based on §§ 433 ff. BGB. In business transactions, the warranty is limited to one year and www.motormobilia.de is entitled to either repair the product or provide a replacement free of charge.
§ 8 Liability
(1) www.motormobilia.de is only liable for damage other than injury to life, limb and health if this is due to intentional or grossly negligent action or culpable violation of a material contractual obligation by www.motormobilia.de or vicarious agents (e.g. B. the delivery service) from www.motormobilia.de. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected.
(2) If an essential contractual obligation is negligently violated, the liability of www.motormobilia.de is limited to the foreseeable damage.
(3) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. www.motormobilia.de is therefore not liable for the constant and uninterrupted availability of the online trading system or for technical and electronic errors during a sales event over which www.motormobilia.de has no influence, in particular not for the delayed processing or acceptance of offers.
§ 9 Final Provisions
(1 )www.motormobilia.de treats the personal data received as part of the business relationship within the meaning of the Federal Data Protection Act and observes the specifications of the Teleservices Data Protection Act.
(2) Hamelin is the exclusive place of jurisdiction if the customer is a registered trader, a customer who does not have a general place of jurisdiction in Germany, a customer who has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is unknown at the time the action is filed is.
(3) www.motormobilia.de assumes no liability for normal wear and tear of the goods or for defects caused by improper handling.
(4) German law applies exclusively, excluding the provisions of the UN Sales Convention. As of February 2023