Terms of service

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you enter into with us as the provider / seller (MIK Motors GmbH) Close via the website www.mikmotoren.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services.

(2) Already with the listing of the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase and/or repair services Items are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "Checkout" page and entering your personal information as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.

As far as you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
A redirect to the respective instant payment system will take place, where you can make the appropriate selection or enter your data. Finally, the order details will be displayed to you on the website of the provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("place order with obligation to pay" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.

(4) Your inquiries for the creation of a quote are non-binding for you. We will provide you with a binding offer in text form (e.g. via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured, and that it is not blocked by SPAM filters in particular.

§ 3 Individually designed goods

(1) You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
 
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims made by third parties in this context. This also includes the costs of the legal representation required in this context.
 
(3) We do not verify the transmitted data for content accuracy and therefore accept no liability for errors.

§ 5 Provision of Services for Repairs

(1) As far as repair services are the subject of the contract, we are obligated to perform the repair work resulting from the service description. We carry out these services to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the existing defect on the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) As far as nothing else is stated in the respective offer, the repair including the dispatch of the device for shipping will take place within 5 - 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).

(5) If you exercise your right of cancellation according to § 648 S. 1 BGB, we can demand a flat fee of 10% of the agreed remuneration if the execution has not yet begun. However, this applies in the case of the statutory right of withdrawal only if you exercise your right of cancellation after the withdrawal period has expired. You reserve the right to prove that we have actually incurred no costs or significantly lower costs. 

§ 6 Special Agreements on Offered Payment Methods

(1) SEPA Direct Debit (Basic and/or Business Direct Debit)
When paying by SEPA direct debit or SEPA corporate direct debit, you authorize us by granting a corresponding SEPA mandate to collect the invoice amount from the specified account.
The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are required to ensure sufficient coverage of the account by the due date. In the event of a chargeback due to your fault, you will be responsible for the incurred bank fee.

§ 7 Right of Retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until the full payment of the purchase price is made.

(3)  If you are an entrepreneur, the following applies additionally:

a) We reserve the right of ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept the assignment. You are still authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We commit to releasing the securities owed to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 8 Warranty

(1) The statutory warranty rights apply.

(2) In the case of used items, claims for defects are excluded if the defect becomes apparent only after the expiration of one year from the delivery of the item. If the defect becomes apparent within one year from the delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from the delivery of the item. The above restriction does not apply:

- for damages caused by us that are attributable to culpable violations of life, body, or health, and in cases of intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.

(3) As a consumer, you are requested to immediately check the completeness, obvious defects, and transport damages upon delivery and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(4) As far as you are an entrepreneur, the warranty regulations mentioned above apply differently:

a)  As the characteristics of the item, only our own specifications and the product description of the manufacturer are considered agreed upon, not any other advertising, public promotions, or statements made by the manufacturer.

b)  In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you can choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the item or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transportation does not correspond to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:

- for damages caused by us that are attributable to culpable violations of life, body, or health, and in the case of intentionally or grossly negligently caused other damages;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building according to their usual purpose and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 9 Choice of Law, Place of Performance, Jurisdiction

(1)  law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).

(2)  Place of fulfillment for all services from the business relationships existing with us and place of jurisdiction is our registered office, provided you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention do not explicitly apply.

§ 10 Transactions in exchange for a used part

(1)  Products, whose title or description indicates that they are exchange products, require the return of a suitable old part from the buyer in addition to the payment of the respective purchase price for contract fulfillment.

(2)  The decision on whether a used part is suitable to contribute to the fulfillment of the contract lies entirely with the seller, MIK Motors GmbH.

(3)  In case of unsuitability, the seller (MIK Motoren GmbH) reserves the right to recalculate the surcharge indicated at the time of purchase for a so-called "non-repairable used part" (product variant). The actual contract remains unaffected by this.

§ 11 Complaint

(1)  Should there be any problems or defects with the delivered products, this must be communicated exclusively in written form. It is necessary to use the official Reklamationsantrag fully completed and signed by the contracting party must be submitted. A complaint is only considered submitted when the above-mentioned requirements are met.

(2)  Work commissioned by the buyer due to a problem/deficiency before a complaint has been submitted in writing is at the buyer's expense. From the moment a complaint is submitted, all handling of the vehicle must be approved in advance by the seller, MIK Motoren GmbH.

(3)  The seller (MIK Motoren GmbH) reserves the right to take the affected vehicle into custody at any time in order to conduct a fault diagnosis.

(4)  The buyer is obliged to deliver and present the vehicle if claims for complaints are to be made. If vehicle transport or mobility in the form of a loan vehicle is organized by the seller (MIK Motoren GmbH), this is done only on behalf and, in the event of a rejection of the complaint, is at the expense of the buyer.

§ 12 Special Regulations for Work Contracts

(1)  It is then a contract for work when a service is purchased and utilized instead of a product. A service is otherwise offered in advance through a written quote and identified as such.

(2)  In case of non-performance or cancellation of a offered service, the entire contractual relationship does not expire, but only the sections of the offer affected by the cancellation. Other sections and partial works such as transport, troubleshooting, and preparatory work remain the basis of the contract and must be paid for as agreed (according to the offer).
 

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II. Customer Information

1. Identity of the seller

MIK Motoren GmbH
Nordel 12
49176 Hilter a.T.W.
Germany
Phone: 05421614433
E-Mail: info@mikmotoren.de


Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

We are not willing to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German .

3.2. The complete text of the contract is not stored by us. Before submitting the order about the online shopping cart system  The contract data can be printed or electronically saved using the print function of the browser. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print or save electronically.

4. Essential features of the goods or services

The essential features of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs that we cannot cover may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the financial institutions), which you will be responsible for. 

5.4. Costs incurred for money transfer (Transfer or exchange rate fees of the credit institutions) You are responsible for the cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated for the execution of the shipment.

If you are a business owner, the delivery and shipping are at your own risk.

7. Statutory Liability for Defects

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on the termination of the contract and the termination conditions can be found in the regulations for "Installation Services" in our General Terms and Conditions (Part I), as well as in the respective offer.

8.2. Information on terminating the contract and the termination conditions can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 17.10.2021