Terms and Conditions MAVICspares
§ 1 Scope of application
For the business relationship between you and MAVICspares, Hasenbrink 9b, 32052 Herford, Germany, the following general terms and conditions apply exclusively in the version valid at the time of the order. MAVICspares does not recognize deviating conditions unless MAVICspares has expressly agreed to their validity in writing.
§ 2 Contractual partners
MAVICspares is operated by MAVICspares, Hasenbrink 9b, 32052 Herford, Germany. If a contract is concluded (see §3), MAVICspares is your contractual partner.
§ 3 Conclusion of contract
With your order you make a legally binding offer to conclude a contract with MAVICspares. The purchase contract is concluded when MAVICspares accepts your offer by shipping the goods. The automatically generated confirmation E-Mail after receipt of the order does not constitute a declaration of acceptance on the part of MAVICspares. This E-Mail only confirms that MAVICspares has received your offer. The transmission of account data by E-Mail for the purpose of prepayment also does not constitute a declaration of acceptance on the part of MAVICspares.
The contract text is saved. The specific order data of your order can be found in the confirmation of receipt that you will receive from MAVICspares by E-Mail. You can view or download the MAVICspares Terms and Conditions at any time on this page.
§ 4 cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
MAVICspares
Hasenbrink 9b
32052 Herford
Germany
Tel: 49 (0) 177 / 444 44 21
E-Mail: info@mavicspares.com
by means of a clear statement (e.g. a letter sent by post, fax or E-Mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract to be returned or handed over to
MAVICspares
Hasenbrink 9b
32052 Herford
Germany
The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 5 Sample revocation form
Sample form
If you want to revoke the contract, please fill out this form and send it back to:
MAVICspares
Hasenbrink 9b
32052 Herford
Germany
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
_____________________________
(*) Delete where not applicable.
§ 6 Non-existence of the right of withdrawal
The right of withdrawal does not exist:
1. if you are not a consumer within the meaning of § 13 BGB ("Bürgerliches Gesetzbuch").
2. for goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
§ 7 Payment
At MAVICspares you can pay throughout Germany by PayPal, credit card (Mastercard, Visa), Klarna direct payment or prepayment. We ask our customers abroad to pay exclusively by credit card, PayPal or prepayment.
In the case of credit card payments and payment via PayPal, the booking is only triggered when the goods are dispatched by MAVICspares.
When paying in advance, you pay in advance directly to the MAVICspares account. It should be noted that in the case of advance payments (particularly from abroad), you may have to bear any bank charges. The full invoice amount must be received by MAVICspares.
§ 8 Maturity and default
The purchase price is due immediately upon conclusion of the contract. If you are in default of payment, MAVICspares is entitled to charge interest on arrears.
§ 9 Dunning fees
If you do not pay a due purchase price claim from MAVICspares despite the first reminder, MAVICspares is entitled to demand a reminder fee of EUR 5 for the second reminder.
§ 10 Set-off, right of retention
You only have the right to offset if your counterclaims have been legally established or recognized by MAVICspares. You are only authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 11 Retention of title
The goods remain the property of MAVICspares until full payment has been made.
§ 12 Warranty for Defects and Liability
The statutory warranty provisions apply. The warranty period is 2 years and begins when the goods are handed over. For used goods, the warranty period is reduced by 1 year. Your warranty claims are initially limited to supplementary performance (elimination of defects or replacement delivery).
Unless otherwise stated below, further claims - regardless of the legal grounds - are excluded. MAVICspares is therefore not liable for damage that has not occurred to the delivery item itself; in particular, MAVICspares is not liable for lost profits or other financial losses. Insofar as the liability of MAVICspares is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability does not apply if the cause of the damage is due to intent or gross negligence or if there is injury to life, limb or health. Furthermore, the limitation of liability does not apply if you assert claims from Sections 1 and 4 of the Product Liability Act. Furthermore, the limitation of liability does not apply in the event of a breach of a material contractual obligation.
§ 13 Applicable Law
