Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Enis Meral) via the mmt3tuning.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) 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
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order). Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. 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. When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) 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 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, 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.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If theb) defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limitc) does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 5 Choice of law
(1) 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).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
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 to the regulations "conclusion of the contract" in 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. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 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.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 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.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
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: 07.12.2017
Data protection declaration
We attach maximum importance to protecting your data and safeguarding your privacy. Therefore, we provide information below regarding collection and use of personal data while using our website.
Anonymous data collection
You can visit our websites without having to provide any personal details. We do not save any personal data in this connection. In order to improve our offer, we evaluate only the statistical data, which does not allow any inference of your personal details.
Collection and processing while using the contact form
When using the contact form, we collect personal data (particulars of personal or objective relationships of a particular or definable natural person) only within the scope provided by you. We use your email address only for processing your request. Your data is deleted subsequently if you do not approve of the further processing and use.
Collection, processing and use of personal data
We collect personal data (particulars of personal or objective relationships of a particular or definable natural person) only within the scope provided by you. Your personal data is processed and used for completing and processing your order and also for processing your requests.
After the contract is processed completely, all the personal data is first saved taking into account the retention periods under fiscal and commercial law and then deleted after the expiry of the deadline, if you have not approved of the further processing and use.
We additionally refer to the following:
We use the . According to your order, we would like to request you to rate your Käufersiegel rating system purchase from us and comment on it. For this purpose, we will contact you within the scope of the order processing, whereby we will make use of the technical system of the supplier of the Käufersiegel rating tool, Händlerbund Management AG, Leipzig, within the scope of order data processing. Torgauer Straße 233 B, 04347 Your email address will only be used for this purpose here and not for any further use in particular and will also not be forwarded to other third parties. The personal data saved in this context in the technical system of the Käufersiegel rating system is deleted 3 months after the product delivery recorded for the rating.
Using an email address for sending a direct advertising
Provided that you have not disagreed, we shall use your email address, which we received as part of selling an item or service, for the electronic transmission of advertising for your own goods and services, which are similar to those that you have already purchased from us. You may object to the use of your email address at any time by sending us a message. You'll find the contact details for exercising your objection in our imprint. You can also use the link provided in the advertising email. This shall not result in any costs other than transmission costs in accordance with your basic rates.
Forwarding personal data
Your data is not forwarded to third parties without your explicit consent. Only our service partners, which we
require for handling the contractual relationship, are excluded from this. In these cases, we strictly adhere to the specifications of the Federal Data Protection Act. The scope of the data transfer is restricted to a minimum.
Use of Google Analytics
This website uses Google Analytics, a web analysis service by Google Inc. („Google“). Google Analytics uses so-called “cookies”, text files, which are saved on your computer and which allow analysing the use of the website by you. The information generated by the cookie about your usage of this website is generally transferred to a Google server in USA and saved there. If IP anonymisation is activated on this website, your IP address is however abbreviated by Google in advance within the member states of the European Union or in other contracting states of the Treaty on the European Economic Area. The complete IP address is transferred to a Google server in USA and abbreviated there only in exceptional cases. Google shall use this information on behalf of the operator of this website to evaluate your website use, to compile reports about the website activities and to provide additional services associated with the website use and Internet use as against the website operator. The IP address transferred from your browser within the scope of Google Analytics is not consolidated with the other data by Google. You can prevent cookies from being saved through a corresponding setting of your browser software; however, we would like to bring to your attention that you may not be able to use all the functions of this website entirely in this case. In addition, you can prevent the recording of data (including your IP address) generated by the cookie and based on your website use in Google as well as the processing of this data by Google by downloading the browser plug-in available on the following link and installing it [ ].http://tools.google.com/dlpage/gaoptout?hl=de
Use of Facebook plug-ins
This Internet site uses plug-ins of the social network facebook.com operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). Whenever you display one of our Internet pages that hosts a Facebook plug-in you will be linked to the Facebook servers, a message is sent to your browser, and the plug-in is run on the Internet page. This is telling the Facebook server which of our pages you have visited. Assuming you are logged on to your Facebook member account while running the Facebook plug-in, Facebook will allocate the information to your personal Facebook user account. Further information collected and allocated by Facebook is the use of plug-in functions (like clicking on the Like button or posting a comment). To prevent this data collection and allocation, you must log off your Facebook user account before running the plug-in. If you do not wish Facebook to collect and directly allocate the above information to your Facebook profile, you will either have to log off from Facebook before visiting our site or run a "Facebook blocker" which stops the Facebook plug-ins from running on our pages.
Using Instagram plug-ins
These websites use the plug-in from online service provider Instagram, which is provided by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram"). If you access pages on our website that contain this plug-in, this will generate a connection to the Instagram server and indicate the plug-in on the site by means of message in your browser. Information such as your IP
address and which websites you have visited is transmitted to the Instagram server. If you are logged into Instagram, Instagram will assign this information to your personal user account. When using the plug-in functions (e.g. clicking the “Instagram” button”) this information is also assigned to your Instagram account, which you can only prevent by logging out prior to using the plug-in. If you do not want Instagram to directly add the information collected to your Instagram account, you must either log out of Instagram prior to visiting our site or use an add-on or the script blocker “NoScript” (noscript.net) to block the Instagram plug-in loading on our websites.
Information, correction, blocking and deletion of data
At all times, you have the right to free information about your saved data as well as the right to correction, deletion and blocking of the same. Please contact us if required. You will find the contact details in our Legal Notice.
last update: 03.12.2015
Legal website operator identification:
In accordance with Section 19 UStG (VAT Act) we do not charge German VAT, and consequently do not quote this on our invoices (small business).
Alternative dispute resolution: 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
Payment and dispatch
The following terms and conditions apply:
The products are delivered all over the world.
Dispatch costs (inclusive of legally applicable VAT)
Domestic deliveries (Germany):
The Delivery cost would cost 7-12€
Deliveries to foreign countries:
The shipping cost would vary on the country 20-37€
Unless otherwise specified in the quote, domestic delivery of goods shall be made (Germany) within 3 - 5 days, for deliveries abroad within 7-20 days from conclusion of contract (if advance payment agreed from the date of the payment instruction). Please note that deliveries are not made on Sundays and other holidays. If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
Terms of payment
For domestic deliveries (Germany) the following payment options are available:
- Prepayment via transfer
- Payment via PayPal
In case of deliveries to a foreign country, you have the following payment options:
- Payment via PayPal
In case of questions, please contact us at the contact details mentioned in the Legal Notice.
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 fourteen days without specifying any reasons. The revocation period is fourteen 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, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Enis Meral, Ludwigstraße 21, 74532 Ilshofen, Telephone number: 015789360790, E-Mail address: firstname.lastname@example.org) 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.
You can also electronically fill up and send the specimen revocation form or another clear declaration on our website (mmt3tuning.com). If you use this option, we will immediately send you a confirmation (e.g. via email) about the receipt of such a cancellation.
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 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.
You bear the direct costs for returning the 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.
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.