Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Maciag GmbH) via the www.maciag-offroad.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
The subject-matter of the contract is the selling of products.
On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal Express, Amazon-Payments) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "buy now” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
You are to use the on-line ordering system to provide us with the respective details, texts or files that are necessary for the customised designing of the products in question.
You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
Insofar as we create texts, images, graphics and designs for you within the framework of the customised designing process, the said items are subject to copyright law.
Individual parts or complete contents may not be utilised, reproduced or modified unless we have explicitly authorised such a course of action.
Unless otherwise agreed upon, we assign to you a temporally unrestricted right to use the copyright-protected items that have been created for you. You are explicitly prohibited from making the protected items or parts thereof privately or commercially available to external parties in any manner whatsoever.
The transfer of the right of use is subject to the suspensive condition of full payment of the agreed-upon purchase price.
§ 4 Right of retention, reservation of proprietary rights
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
The statutory warranty rights are applicable.
Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).
§ 6 Liability
We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 7 Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day on which you or a third party nominated by you, which is not the carrier, had taken possession of the products.
In order to exercise your revocation right, you must inform us (Maciag GmbH, Luppenstr. 5a, 04177 Leipzig, GERMANY, Telephone number: +49 (0) 341 492 495 0, E-Mail address: [email protected])
of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form
for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment. We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us or to our logistics center (Maciag GmbH, Glashüttenstr. 1, 01623 Lommatzsch, GERMANY) immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline.
We bear the costs for returning the products. For returns from outside Germany, Austria or Switzerland please note that a 9EUR (Great Britain: 9£) administration fee is applied on returns of unwanted products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
You can download the specimen revocation form here
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
§ 8 Choice of law, place of fulfilment, jurisdiction
German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
Additional terms and conditions
Additional Terms and Conditions (GTCs) for the Purchase on Account and Purchase by Installments
Credit card payment is carried out from:
24118 Kiel, Germany
Registered office: Kiel
District Court Kiel HRB 6107
CEO: Carl Frederic Zitscher, Jan Kanieß
A company of the Sparkassen-Finanzgruppe
II. Customer information
1. Identity of the seller
Telephone: +49 (0) 341 492 495 0
E-Mail: [email protected]
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Codes of conduct
4.1 We are voluntarily subject to the Trusted Shops GmbH code of ethics, which can be viewed at:https://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html
5. Main features of the product or service
The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via the relevant button on our website or in the relevant item description, are separately specified during the ordering process and must be borne by you separately, unless a free delivery has been agreed upon.
6.3 The payment methods that are available to you are specified under a correspondingly-named button on our website, or in the respective product description.
6.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a correspondingly-named button on our website, or in the respective product description.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
8. Statutory warranty right
8.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard business terms (part I).
8.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 27.06.2016
Information on the German Waste Oil Regulation (AltölV)
According to §8 AltölV (German Waste Oil Regulation) we are legally bound to take back the customers used combustion engines oil, gear oil, oil filters and through oil changes regularly resulting oily waste free of charge in the amount handed out to the respective customer.
Address for return:
Information for battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, are are under obligation to bring the following to your attention:
As the end user, you are legally under obligation to return used batteries. You can return old batteries, which offer or have offered in our new battery assortment, free of charge to our dispatch warehouse (dispatch address). The symbols showed on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery may not be discarded with the household waste.
Pb = Battery contains more than 0.004 percent by mass of Lead
Cd = Battery contains more than 0.002 percent by mass of Cadmium
Hg = Battery contains more than 0.0005 percent by mass of Mercury.
Special features when selling starter batteries
In connection with the sale of vehicle batteries, if you are the end user, we are under obligation according to § 10 BattG to charge a deposit amounting to EUR7.50 including sales tax for every vehicle battery if you do not return the old vehicle battery at the time of purchase of a new one. The deposit is not included in the purchase price and is indicated on the item near the final price.
If you return an old vehicle battery to us, which we are offering or have offered as a new battery in the assortment as per § 9 BattG, we are legally under obligation to take these back free of cost and to reimburse the deposit amount.
As far as we have given a deposit sticker as per § 10 section 1 clause 3 BattG, the reimbursement of the deposit upon returning the old vehicle battery depends on the returning of the deposit sticker.
The place for returning the sticker is the address specified in the Legal Notice.
Returning the old battery via post is not allowed on account of the Gefahrgutverordnung (Dangerous Goods Ordinance).
Alternatively, old vehicle batteries can also be returned free of charge to material and recycling centres. The deposit charged by us is not reimbursed by the public–legal material and
recycling centres. However, there, you have the option to get the return of the old vehicle battery acknowledged on the deposit sticker. You will receive the battery deposit back from us upon presenting the acknowledged deposit sticker.
Please pay attention to the above instructions.