Terms & Conditions
The following terms are valid for the services and deliveries offered on eBay.com. By placing an order the customer agrees to these terms which become an integral part when the contract is concluded. Verbal collateral agreements are considered as not met.
Other terms come into effect after they have been confirmed by us in writing only.
1) Conclusion of contract
Please be aware that the products we offer on this website represent only an unconditional offer and are subject to the relevant stock of inventory. In this respect it is solely a matter of inviting a binding offer to buy. However, all items and products offered in our on-line shop are normally in stock and should be delivered without undue delay.
We reserve the right that all information and specifications regarding the items -in particular with regards to descriptions and prices - may be subject to obvious mistakes and printing errors.
The buyer makes sure that his quoted e-mail address is correct. According to § 130 BGB (German Civil Code), e-mails are considered as delivered, once they have arrived in the message inbox of the provider and are stored and available under the usual circumstances.
Your order is being carried out by clicking on the order button after entering the required data. You will receive a prompt confirmation of receipt. We will then check the availability of your ordered items. You will receive a confirmation as far as your order is available. The contract of purchase materialises once you have received the confirmation.
You will be notified if your order should not be available. In this case no contract of purchase will have materialised. You will also be notified should your order be partially available enquiring whether you would sign a contract for part of the services. The contract materialises in relevance to your response.
Should you not be notified within 24 hours after placing your order, we recommend that you send us a short notice.
The contract materialises after the confirmation of the order when placed on the phone or fax in accordance to the conditions stated above.
2) Prices and delivery charges, destinations, payment
The quoted price is the gross price including 19% VAT plus the delivery charge. Please find the prices for the delivery in our offers.
The dispatchment of the item takes place after the payment on the same day or the next working day at the latest. You will receive a dispatchment e-mail which includes the relevant package delivery number. The delivery takes place according to §§ 474 paragraph 2, 447 BGB (German Civil Code) at our risk.
We deliver shipments to all countries that are serviced by the Deutsche Post AG (www.deutschepost.de). The buyer bears the cost for possible customs duty and possible import turnover taxes for deliveries outside of the EU. The buyer shall indemnify us from any claims.
Deliveries within Europe are shipped with German Post which includes a delivery fee of 6.00 €. Cash on delivery abroad and overseas is not possible.
Shipments within the European Union will include 19% German VAT. Outside of the European Union the 19% VAT will automatically deducted from the price. Customs and taxes might be charged from your country. The delivery outside of Europe will take place with Deutsche Post for 6.50 €. We offer also shipping with DHL or FedEx. Prices will be shown during the order process. We charge the delivery fee of course only once should the order be dispatched as partial deliveries. However, different terms apply if the dispatchment takes place as partial deliveries at the request of the buyer.
Please understand that we accept payment in advance only. You can choose between the following methods of payment:
Bank transfer : transfer your payment to our account, your order will be dispatched after receipt of payment.
Credit card payment - (American Express, Visa and Mastercard) using the safe Mobile 3D-Secure"-technology, your order will be immediately dispatched.
Payment through Paypal, your order will be immediately dispatched.
For none of those payment method will we charge additional fees.
3) Cancellation Right
Provided that you concluded the contract of purchase as sole proprietor for purpose that cannot be attributed to your commercial or self-employed profession (consumer according to §13 BGB) you may cancel the contract in writing (i.e. letter, fax, email) within 1 month. The cancellation period starts the day that you have received your order, and not before you have been made aware of this regulation in writing. Ensuring your rights of cancellation you have to inform us within 1 month that you wish to cancel the order. You will find a model cancellation form at the end of this paragraph. You can inform us wither by mail, e-mail or fax to the following address:
MAF Service GmbH
General Manager: Leon D. Heuser
Kreuzbergstr. 37/38
10965 Berlin
Germany
Fax +49-30-692066259
E-Mail: service@maf-shop.com
Consequence of your Cancellation
You have to return the goods immediately and within 14 days after your cancellation of this contract. You will be responsible for the cost of returning the goods.
If you cancel this contract, we will refund the cost of the least expensive type of outbound standard delivery, even if express delivery was used.
For the refund we will use the same payment method that you have used for paying for the product. Refunds for cancellations must be made within 14-days of receipt of the goods. If the received good is in a bad condition, you are required to pay compensation as the case may be. Regarding the surrender of items, this does not apply if the impairment of the item can be put down exclusively to its inspection - as it would have been possible in store. Incidentally you can avoid the liability to pay damages or compensation if you consider the item not as your property and avoid any handling that might affect its value.
Model Cancellation Form
(complete and return this form only if you wish to withdraw from the contract)
To MAF Service GmbH
Katzbachstr. 34
10965 Berlin, Germany
Fax: +49 30 692066259, info@maf-shop.com:
I [*] hereby give notice that I [*] cancel my [*] contract of sale of
the following goods [*],
ordered on [*]
received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
4 Guaranty, accountability, right of retention, offsetting
The buyer is entitled to the right of retention only if his counter-claim is based on the same condition of contract.
An offsetting of the buyer is excluded, unless the counter-claims of the buyer are assessed as legally binding or not challenged through us.
We ensure that the delivery items according to the respective level of technology are free of defects. Obvious deficiencies that are also recognisable for the average layman customer have to be reported to us within a period of two weeks after receiving the item. The buyer loses his warranty rights if he fails to report the deficiencies.
As far as there are is a deficiency of the item rendered, we are obliged to remove the deficiency of or to deliver another time without deficiencies, relinquishing it to the buyer to decide (supplementary service). A deficiency is also considered the delivery of the wrong item or the delivery of smaller amounts. Should one or both kind of supplementary services be impossible or unreasonable to accomplish, are we entitled to deny the supplementary service. In these cases or in case that the removal of the deficiencies should fail twice or should be delayed beyond the adequate time limit, the buyer has the right to chose either purchase the item at a lower price (mitigation) or to withdraw from the contract.
Further compensation on behalf of the buyer, irrespective of any legal grounds (in particular the violation of contractual secondary obligation, delay, claim for compensation because of illegal acts or reimbursement of expenses excluding the one referred to in § 439 Paragraph. 2 BGB (German Civil Code)) are excluded.
This does not apply in case of a violation of obligation, which compliance allows the adequate and orderly enforcement of the contract and which adherence the contractual partner may regularly trust (cardinal obligation) or if we or one of our legal representatives or assistants are imputed with premeditation or gross negligence. The disclaimer also does not apply in a case of culpable violation of life, the body or health as well as the adoption of guaranty or assurance of attributes as far as the object of guaranty or assurance activates the accountability.
In case of accountability regarding the violation of cardinal obligation, the compensation remains restricted to the contract coherent, predictable damage.
The limitation of liability also does not apply with regards to requirements from the Product Liability Act. A guaranty or covenant in the sense of accentuation of accountability or the adoption of a special obligation to meet claims is only considered as ceded only if the terms guaranty and assurance are explicitly expressed.
Warranty claims are prescribed within one year after the passing of risk regarding all our delivered newly manufactured products. As far as you, as the sole proprietor, have closed the sales contract for reasons that are attributed neither to your commercial or self-employed profession (consumer according to §13 BGB (German Civil Code) the limitation period averages 2 years.
We accept the warranty for used items only as far as you have closed the sales contract as sole proprietor for a purpose that are attributed neither to your commercial or self-employed profession (consumer according to §13 BGB (German Civil Code)). The limitation period averages 1 year after the passing of risk. Otherwise the warranty for used items is excluded.
5 Use of customer data/protection of privacy
Personal data, which are collected through the websites www.Luftmassenmessershop.com, www.MAF-Shop.com, www.autosensorberlin.com and www.KFZ-TeileHeuser.de, are treated as strictly confidential and are used exclusively for the handling and processing of your queries (orders, offers, quote requests, product requests). If you should purchase this article, your personal data will be saved for the purpose of transaction. With the purchase you formally agree to the conditions and transfer.
The processing and saving of data takes place according to the German data privacy regulations. Information which do not contain personal data (i.e. operating system, internet browser, number of hits) are solely used for the purpose of monitoring the popularity of our websites. These data and information do not allow any drawing of conclusions regarding the individual person and user.
6 Place of fulfilment, place of jurisdiction, applicable law
If individual terms of the General Terms and Conditions should be feeble, other terms will remain unaffected.
In all cases the entered agreements with us are subject to German law in camera of international privacy law and UN sales law. This applies also to orders placed from abroad or deliveries dispatched abroad and overseas.
If the buyer does not have his general place of jurisdiction based in the Federal Republic of Germany or should he relocate his place of residence outside of the Federal Republic of Germany at a later point in time or should his place of residence be unknown at the time of legal action, the general place of jurisdiction in case of legal business disputes shall be located where our company is based at.
