Data privacy disclaimer
1. Transaction data
Each time a user accesses a page on our website and calls up a file there, this action is recorded in a logfile that is saved solely for internal system-related and statistical purposes. Each logfile data set comprises the following:
- the page from which the file was called,
- the file name,
- request date and time,
- amount of data transferred,
- access status (data transferred, data not found, and so on),
- the type of operating system and Web browser used.
2. Asset data
Users of this website are free to provide personal or business information such as their e-mail address, name, postal address, and so on. The information you provide will be treated confidentially, will not be made available to any third party, and will be used solely to perform the relevant contract. Any use of any other kind will be subject to our express advance authorisation.
Users of this website are entitled to obtain information free of charge regarding any of their archived personal data. Said users are also entitled, as provided by law, to correct, lock and delete such data.
Please feel free to communicate to us any queries or complaints you may have about data privacy on this website. Our contact details are as follows:
MAXXTUNE GmbH
Gewerbestraße 6
D- 16727 Oberkrämer OT Eichstädt
E-Mail: info@maxxtune.de
Tel.: +49 (0) 30 754 520 91
Fax: +49 (0) 30 75 45 23 35
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Standard terms and conditions of
Maxxtune GmbH of Oberkrämer, Germany
Last updated: August 2009
Application domain
The present Standard Terms shall apply exclusively. Any standard terms that differ from these Standard Terms in any manner whatsoever shall be excluded from the contract. The application or validity of any advisory or indication regarding any customer standard terms shall be excluded.
Deductions
The customer shall be entitled to make deductions from an amount due only insofar as the customer’s claim is uncontested, has been upheld in a court of law, or has been accepted by us.
Retention of title
The following shall apply to customers:
We shall retain title to all products that are delivered to the customer (hereinafter referred to as “the Product” or “Products”) until such time as payment for the Products has been effected in full. Insofar as any Product is subject to third-party seizure, the customer shall notify us accordingly without delay and in so doing shall submit to us all documentation that is necessary for us to take appropriate measures.
The following shall apply to vendors:
The vendor shall be entitled to resell the Products via a duly executed business transaction. The vendor hereby assigns to us all receivables arising from any such resale in the amount of any unpaid receivables that are owed to the vendor, and without prejudice to the vendor’s right to itself collect any such receivable. We shall refrain from collecting any such receivable insofar as the vendor is not in arrears on any payment due us and no petition has been filed with a court to initiate an insolvency and/or bankruptcy proceeding in respect to the vendor’s assets.
We shall be entitled to process or convert the Products at any time. Insofar as any Product is mixed with any element that is not owned by us, we shall acquire joint title to the newly created product in the following ratio: the ratio of the Product value (as per its final invoiced amount plus tax) to the value of the new product. Insofar as the Product is mixed inseparably with any element that we do not own, we shall acquire joint title to the newly created product in accordance with the following ratio: the ratio of the Product value (as per its final invoiced amount plus tax) to the value of the mixed elements at the time of mixing.
Right of cancellation
We shall grant customers a right of cancellation.
Cost of return shipping in the event of a cancellation
The customer shall assume the cost of shipping the Product back to us insofar as (a) the Product that was delivered is the same as the Product that was ordered; and (b) the price of the Product that is to be returned is 40 euros or less; or (c) payment in full or any contractually agreed partial payment for a Product that costs 40.01 euros or more that has not been effected at the time of the cancellation.
Warranty
The following shall apply to customers:
Warranty claims for used items shall become statute-barred 12 months following delivery of the Product.
The following shall apply to vendors:
Warranty claims for both new and used items shall become statute-barred 12 months following delivery of the Product, without prejudice to the stipulations of sections 478 and 479 of the German Civil Code (BGB). Any warranty for used items shall be excluded.
The following shall apply to both vendors and customers:
Any curtailment of the statue-barred period shall not apply to any warranty claim that is attributable to gross negligence, wilful intent or the breach of any essential contractual duty. An essential contractual duty shall mean any duty whose fulfilment is indispensable for due performance of the contract, i.e. any duty that either party could have reasonably expected the other party to fulfil as a matter of course. The foregoing shall be without prejudice to any claim for loss or damage arising from (a) any injury to life, limb or health; (b) any violation of Germany’s Product Liability Act; or
(c) any breach of any contractual duty by any of our agents.
Liability arising from any negligent breach of an essential contractual duty shall be limited to the loss or injury that is typically associated with, and foreseeable for, the contract.
Limit of liability
Any liability on our part shall be excluded in any of the following cases: (a) any liability attributable to minor negligence that does not entail any breach of an essential contractual duty whose fulfilment is indispensable for due performance of the contract, i.e. any duty that either party could have reasonably expected the other party to fulfil as a matter of course; (b) any loss or damage attributable to any injury to life, limb or health; (c) any claim arising from Germany’s Product Liability Act; and
(d) any breach of any contractual duty by any of our agents.
Liability arising from any negligent breach of an essential contractual duty shall be limited to the loss or injury that is typically associated with, and foreseeable for, the contract.
Final provisions
This contract shall be subject to the laws of Germany to the exclusion of the UN Sales Convention.
Insofar as the customer is a merchant, business, legal person under public law, or a special fund under public law, the place of jurisdiction hereof shall be Berlin-Wedding. The foregoing shall be without prejudice to our right to bring legal action against the customer at the place of jurisdiction for the customer’s domicile.
Insofar as these Standard Terms or any portion thereof are no longer part of the contract or become invalid, the remainder of the terms of the contract shall remain in effect and the contract shall be governed by the applicable statutes and regulations. The contract shall be deemed to be unenforceable only insofar as performance of the contract would constitute an undue hardship for either party, subject to prior realisation of any changes in the contract that are allowed by law.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Legal information for eBay customers
Contractual partner
Insofar as you conclude a contract with us, your contractual partner will be:
MAXXTUNE GmbH
Geschäftsführer: David-Christoph von Hase, René Pape
Gewerbestraße 6
16727 Oberkrämer OT Eichstädt / Germany
Registered in the Commercial Register of Neuruppin district court under no. HRB 7208 NP
Concluding a contract
By enabling products to be auctioned via this website, we make a binding offer (within the meaning of section 145 et. seq. of the German Civil Code (BGB)) to conclude a contract. The customer is entitled to accept this offer within a fixed period that is defined by us. A contract for a specific product being auctioned will be concluded with the highest bidder for such product at the end of the period for the auction in question.
Insofar as a product is offered via the so-called »immediate purchase« option, by exercising this option the customer shall be deemed to have concluded a contract.
An automatically generated e-mail will be sent to you immediately after you enter a bid. This e-mail will confirm that our server has received your bid.
After checking these entries you can return to the customer information Web page to correct any errors by clicking »Back« in your Web browser.
The text of the agreement will be saved once the agreement has been concluded and will not be accessible to you. You may conclude a contract in German, English, French, or Spanish.
Order confirmation
Once a contract has been concluded, the customer will be sent an e-mail confirming the order and containing our data in plain text.
Deliveries
Your product will be sent to the shipping address that you indicate when you place your order. All deliveries will be effected on an FOB kerbside basis.
Payment options
The following payment methods are available:
- Pro forma
- COD
- PayPal
- Cash, if you pick up the product
If you select pro forma payment, payment will be effected to our account via a debit transfer or cash instrument. A product will only be delivered via a parcel service insofar as full payment for the product has been credited to our account.
If you select COD, you will pay for the product upon delivery.
If you select the »PayPal option«, you can pay via your PayPal account or your credit card. The product will then be delivered via a parcel service.
Barzahlungen an uns können nur erfolgen, wenn der Kunde die Ware selbst abholt. Abholzeiten sind Montag bis Freitag von 8.00 Uhr bis 18.00 Uhr. Bitte vereinbaren Sie telefonisch oder per E-Mail rechtzeitig einen Abholtermin.
Cancellation advisory for customers
Right of cancellation:
You are entitled to revoke your letter of understanding within four weeks, without indicating any grounds for doing so, via letter, fax, e-mail or the like; or, insofar as you have received the relevant item prior to expiration of the aforementioned deadline, by returning the relevant item. Said one-month period shall begin as follows: for product deliveries, on receipt of the text version of this advisory, but not prior to receipt of the product by the recipient (in the case of a repeat delivery of the same type of product, not prior to receipt of the initial delivery); for service deliveries, not prior to the date the contract is signed or the date of fulfilment of the duty to provide information pursuant to sections 312c(2) of the German Civil Code (BGB) and sections 1, 2 and 4 of the law known as BGB-InfoV; and not prior to fulfilment of our obligations in accordance with section 312e(1)(sentence 1) of the German Civil Code (BGB) and section 3 of the law known as BGB-InfoV. Timely dispatch of the relevant item shall constitute compliance with the cancellation time limit.
Your notice of cancellation is to be submitted to:
MAXXTUNE GmbH
David-Christoph von Hase, René Pape
co-chief executives
Gewerbestraße 6
16727 Oberkrämer
Germany
Telefax: +49 (0) 30 75 45 23 35
Email: info@maxxtune.de
Consequences of cancellation
When a cancellation goes into effect, all deliverables that have been provided by either party and any benefits that have been derived from such deliverables such as bank interest are to be returned. If you are unable to return a deliverable in whole or in part, or if you are unable to return a deliverable in mint condition, you will be required to indemnify us for the appropriate amount. However, the foregoing does not apply to physical objects insofar as the degradation of the object’s condition is exclusively attributable to its having been examined or handled in the manner in which objects are handled in a store. You are not required to pay any indemnification for any quality degradation of the relevant item resulting from normal wear and tear. You shall assume the risk entailed by shipping any item back to us that is suitable for shipping in a box or carton. You shall assume the cost of shipping the product back to us insofar as (a) the product that was delivered is the same as the product that was ordered; and (b) the price of the product that is to be returned is 40 euros or less; or (c) payment in full or any contractually agreed partial payment for a product that costs 40.01 euros or more has not been effected at the time of the cancellation. In any other case, return of a product shall be free of charge. We will arrange for the pickup at your home of any item that is not suitable for shipping in a box or carton. You are required to fulfil any requirements pertaining to the reimbursement of payments within 30 days following dispatch of your notice of cancellation or of the product. Said period shall begin for us on receipt of such notice or product.
Financed purchases
Insofar as you cancel a loan agreement that you entered into for the purpose of financing the present contract, you are no longer bound by said loan agreement if the loan agreement and present contract comprise an economic unit. This will be deemed to be the case insofar as we granted you the loan or participated in the process of your obtaining the loan from your creditor. Insofar as the loan amount has already been disbursed to us as at the effective date of your contract cancellation or as at the date we receive your returned product, your creditor shall be deemed to have been assigned our rights and duties arising from the financed contract, in respect to you and the legal consequences of said cancellation or return. Application of the foregoing sentence shall be excluded insofar as the contract in question involves the purchase of any stocks, currency, derivatives, or precious metals.
Insofar as you wish to avoid any contractual obligation to the greatest possible extent, you should cancel both contracts.
End of cancellation advisory
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
International shipping costs
Shipping costs! Frais de livraison! Weltweite Versandlosten!
Gastos de envío!
Expedição de preços! Spese di spedizione!
£ Exchange rate (1,00 € = £ 0,9245) at 2009.10.07 (minor deviation possible).
$ Exchange rate (1,00 € = $ 1,468) at 2009.10.07 (minor deviation possible).
|
 |
Afghanistan (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Albania (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Andorra (1 parcel) |
€ 22,00
£ 20,34
$ 32,30 |
 |
Aruba (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Australia (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Azerbaijan (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Bangladesh (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Benin (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Bhutan (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Bolivia (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Botswana (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Brazil (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Burkina Faso (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Burundi (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Cambodia (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Cameroun (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Canada (1 parcel) |
€ 22,00
£ 20,34
$ 32,30 |
 |
Central African Republic
(1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Chad (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
China (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Colombia (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Costa Rica (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Cote d'Ivoire (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Democratic Republic of the Congo (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Dominican Republic
(1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Ecuador (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Egypt (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Ethiopia (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Gabon (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Gambia (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Georgia (1 parcel) |
€ 33,00
£ 30,51
$ 48,44 |
 |
Ghana (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Guinea (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Guinea-Bissau (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Haiti (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Indonesia (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Iran (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Kenya (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Kuwait (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Kyrgyzstan (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Laos (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Lebanon (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Lesotho (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Macedonia (1 parcel) |
€ 33,00
£ 30,51
$ 48,44 |
 |
Moldova (1 parcel) |
€ 33,00
£ 30,51
$ 48,44 |
 |
Morocco (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
New Zealand (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Niger (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Nigeria (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Pakistan (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Panama (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Peru (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Qatar (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Saudi Arabia (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Senegal (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Seychelles (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Sierra Leone (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Singapore (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
South Africa (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Swaziland (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Syria (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Tadzhikistan (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Tanzania (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Thailand (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Tunisia (1 parcel) |
€ 42,00
£ 38,83
$ 61,66 |
 |
Turkey (1 parcel) |
€ 33,00
£ 30,51
$ 48,44 |
 |
Tuvalu (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
United Arab Emirates
(1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
United States of America
(1 parcel) |
€ 39,00 eBay Motors free
£ 36,06 eBay Motors free
$ 57,25 eBay Motors free $ 00,00 |
 |
Uruguay (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Uzbekistan (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Venezuela (1 parcel) |
€ 39,00
£ 36,06
$ 57,25 |
 |
Vietnam (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Yemen (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Zambia (1 parcel) |
€ 59,00
£ 54,55
$ 86,61 |
 |
Rest of the World
(1 parcel) |
€ 399,00
£ 368,88
$ 585,73 |
|
