Terms of Service
This translation is provided to the customers MTML Trading GmbH for their convenience. However, only the German version of the General Terms and Conditions is applicable. MTML Trading GmbH does not assume any warranty or guarantee for the correctness of this translation.
Contracting party
Your contracting party with respect to all purchase agreements entered into via this website is the company:
MTML Trading GmbH
Heideweg 12
33397 Rietberg
Germany
E-Mail: info@mtml-trading.de
Telefon: ++49 [0] 05241 XX XX XX
CEO: Milan Dajic, Christian Sudbrock
Inscribed in the company registry at Gütersloh (Germany) with reg. no. HR B 91 37
Hereinafter referred to as "MTML".
1. Sphere of validity
1.1 These Terms & Conditions apply to all contracts into which the Customer enters with the MTML Trading GmbH (hereafter refferd to as “Seller”) through the Seller's Online Shop
1.2 Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
1.3 By placing the order, the customer acknowledges and accepts the exclusive validity of these terms
2. Contract conclusion
2.2.1 The offers contained in the online shop of the seller serve the submission of a legally binding purchase offers by the customer.
2.2.2 The customer is entitled to provide his buying quotation either by going through the ordering process ,in writing, by email, by fax or by using the online order form integrated in the seller's on-line shop.
2.2.3 The seller will confirm the receipt of the customer’s buying quotation by email or fax. The order is finally concluded by sending a confirmation of order in writing but no later than upon unconditional acceptance of the goods by the customer. The seller is entitled to accept the offer of the customer within four business days following receipt by the seller or is entitled to reject the acceptance of the order, for example after checking the solvency of the customer. If the seller delivers the ordered goods within this period, this will be considered as acceptance.
2.3 The establishment of contact and the processing of the order take place per email and automatd order processing. The customer must ensure that the email address provided by him for order processing purposes is accurate, so that emails sent by the seller to that address can be received. In particular, where SPAM filters are in use, the customer must ensure that all mails sent by the seller, or by third parties authorised by him to process the order, can be delivered.
3. Prices, Due-day and Payment Terms
3.1 The prices quoted by the seller are final prices (in Euro €), i.e. they comprise all price components, including the value added tax. Any additional delivery and shipping costs are provided separately in the offer or in the respective shipping costs table. Any customs duties and other similar public charges shall be borne by the Customer.
3.2 In case of conclusions on ebay customers may pay by prepayment (cash before delivery), C.O.D. (cash on delivery) and PayPal.
3.3 In case of conclusions on “ebikeakkus.de” customers may pay by prepayment (cash before delivery), C.O.D. (cash on delivery) and PayPal.
3.4 If cash in advance is agreed, the customer shall transfer the charged total amount of invoice immediately upon conclusion of contract.
3.5 The customer is entitled to offset payment only in the case of counterclaims that are legally confirmed, undisputed or recognized by the seller.
3.6 The customer may only exercise a right of retention if his/her counterclaim is based on the same contract.
3.7 If the customer becomes partially or completely late with his payment he must pay late payment interest at the rate of 5% annually above the base rate of the European Central Bank unless MTML is able to prove even greater damages. This does not affect any other right MTML may have.
4. Delivery, Shipment, Retention of Title
4.1 The goods are delivered regularly by means of the shipping method and to the delivery address specified by the customer. The delivery address indicated in the seller's purchasing process is decisive for the processing of the transaction. If a delivery to the customer is not possible, the company charged with the delivery will send the merchandise back to the seller, whereby the customer has to bear the cost for the unsuccessful delivery.
4.2 The choice of the dispatch kind is left to the seller, provided that expressly something else was not agreed.
4.3 The seller reserve the right to retain title to the delivered products until complete payment of the purchase price.
4.4 The customer bears the shipping costs for the return of the products, if the delivered products match the ordered products and if the price for the products to be returned does not exceed Euro 40 or, in the event the price exceeds Euro 40, if the customer did not provide for the contractual consideration or agreed upon instalment at the point in time of the cancellation of the order. Otherwise the return shipment of the products is free of charge for the purchaser.
5. Warranty
5.1 Should there be any obvious material or manufacturing defects to the delivered goods, including transport damage, please lodge your complain concerning such defects to us by email or fax. The warranty lasts two years from the date of purchase. The guarantee provisions of the respective manufacturer are always valid.
5.2 Rechargeable batteries and batteries are consumer goods with limited warranty. Losses of capacity due to normal wear and tear or damages caused by improper use, storage, connection or handling do not justify a warranty or guarantee claim.
5.3 Rechargeable batteries are consumer goods subject to high wear (constant charging resp. discharging the battery). Therefore guarantee claims for rechargeable batteries, especially those concerning capacity, can basically be accepted within six (6) months following the delivery.
5.4 The seller would like to explicitly state that rechargeable batteries may lose up to 50% of their original capacity within a couple of months in case of intensive use, major variations in temperature or continuously connection to an external power supply . No warranty or guarantee can be derived from such performance losses.
6. Liability
6.1 For damages, for whatever legal reason, the company is only liable in the case of intention, gross negligence and lack of a guaranteed property. This also applies to performing or vicarious agents and legal representatives of the company.
6.2 In any other cases MTML is only liable in case of violating essential contractual obligations ("cardinal obligations"). However, the liability shall be be limited to 500 € and the amount of damages shall be limited to typically foreseeable damage. Compensation for atypical or unforeseeable damages does not take place.
6.3 Insofar as the Seller has violated negligently a non-essential contractual obligation, the duty of replacement is limited to the value of the order.
7. Information on privacy
7.1 We collect personal data only when you provide it to us, through registration, completion of forms or e-mails, as part of an order for products or services and similar situations in which you have chosen to provide the information to us. Any personal data provided by you is only used for the purpose of contract management and processing your orders and requests
7.3 After complete implementation of the contract and complete payment of the purchase price, your data will be saved, taking into consideration record retention periods in accordance with fiscal and commercial law.
Your data are also used in order to further enhance our customer service. You can object to the use of your data for this purpose at any time.
7.4 The personal data shall be used by MTML in accordiance with our privacy declaration, which is separately listed on “ebikeakkus.de”.
8. Packaging Ordinance
8.1 In order to comply with the Packaging Ordinance MTML has joined a disposal service company.
9. Electrical and Electronic Appliance Act (ElektroG)
9.1 In order to comply with the Electrical and Electronic Appliance Act MTML has joined a disposal service company.
10. Rückgabeverordnung:
10.1 Membership of VERE-Verband, Take eway.
11. ElektroG(EAR):
11.1 WEEE-Reg.-Nr.DE74312560
12. Packaging Ordinance:
12.1 Membership of SUSA Solutions GmbH.
13. Battery Law (BattG.):
13.1 In order to comply with the battery law we are registered in BatttG. Melderegister Nr.: 21003392
14. Battery Law Notice
14.1 Related to the sales of batteries or accumulators we as distributor are obliged to inform our customers about the regulation of taking-back and disposal of used batteries and accumulators.
14.2 Batteries received from MTML can be given back to us after use to the above mentioned address free of charge or send back by mail. Used batteries and rechargeable batteries may not be disposed with household waste
14.3 As consumer, you are legally obligated to return used batteries and rechargeable batteries.
14.4 The symbol referred to §17 paragrah 1 BattG and the signs referred to in §17 paragraph 3 BattG indicates:
symbol showing a cancelled waste bin:
used batteries and rechargeable batteries may not be disposed with household waste.
Cd: battery contains cadmium
Hg: battery contains mercury
Pb: battery contains lead
15. Applicable Law, Severability Clause
15.1 This Terms of Service shall be governed and construed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
15.2 Provided that MTMLt’s contractual partner is a businessperson, a legal person under public law or a public law special fund (sec. 38 German Civil Procedure Act), it is agreed our place of business/registerd office will be the place of jurisdiction for all claims (this does not, however, apply to exclusive jurisdictions, as for a debt recovery action).
The same shall apply, if the customer does not have a general place of jurisdiction in Germany or the European Union or if its residence or permanent address is not known at the time of commencement of an action.
15.3 Contractual language shall be German.
15.4 Should individual provisions of these terms and conditions be partially or completely invalid, this will not affect the validity of the remaining provisions.
16. Copyright
16.1 The entire content of the www.ebikeakkus.de website is copyright protected. All rights are owned by MTML or third parties. Any reproduction or use is not permissible without the express permission of the author. The company reserves all rights.
17. Miscellaneous
17.1 All amendments to these terms and conditions must be made in writing. The same applies for any amendments there may be to this agreement on the requirement for written form. Verbal side agreements are invalid.
17.2 Should individual provisions of these terms and conditions be partially or completely invalid, this will not affect the validity of the remaining provisions.
17.3 Despite our careful checks we cannot accept any liability for links to third party content. The respective operators are exclusively responsible for these external pages.