GENERAL TERMS AND CONDITIONS for MTU Online Shop
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1. Area of validity
The sale of MTU Online Shop articles is exclusively based on these General Terms and Conditions (AGB). The inclusion of other terms and conditions is herewith explicitly excluded. These General Terms and Conditions shall apply to contracts between Tognum AG as parent company of MTU Friedrichshafen GmbH and the purchaser of MTU Online Shop products.2. Conclusion of contract
The sales contract will come into existence through placement of an order by the customer and the supply of the goods.The contractual partner of the customer is:
Tognum AG
Maybachplatz 188045 Friedrichshafen
Germany
Phone: +49 7541 90-0
Fax: +49 7541 90-5000
which is represented by the members of the Board of Management: Joachim Coers (President and CEO),Dr. Ulrich Dohle,
Dr. Michael Haidinger, Dieter Royal, Jörg Schwitalla
Commercial Register: District Court of Ulm (Germany), Register No. HRB 630227
VAT registration number DE 811121844
3. Right of order withdrawal
The customer may withdraw his order in writing (e.g. letter, fax, e-mail) within two weeks upon receipt of the goods without stating any reasons, or by returning the goods. In order to observe the period of notice, dispatching the withdrawal notice or returning the goods in due time shall suffice. The withdrawal notice shall be addressed to:Tognum AG
c/o Docdata Fulfilment GmbH
Lindberghstraße 5
85399 Hallbergmoos
Deutschland
telefonisch: +49 811 555 453-1117
per Fax: +49 811 555 453-1118
4. Consequences of withdrawal
In the event of effective withdrawal, services which were mutually rendered and benefits which were earned (e.g. interest) shall be returned as applicable. If the customer is unable to return all, or part of, the services received, or can only return them in deteriorated condition, compensation for the loss of value must be paid as applicable. Brochures, books, music CDs, DD-ROMs and videos shall be excluded from return. Items which can be packed in parcels shall be sent back. The customer shall bear the costs for return shipment if the goods delivered correspond/are identical with the goods ordered and if the price of the goods to be returned does not exceed the amount of EUR 40.00. Items which cannot be packed in parcels shall be collected from the customer.5. Shipping charges
In addition to the price of the goods, shipping charges are incurred.
| Zone | Countries | Amount in EUR |
| 0 | Germany | 4,90 |
| 1 | A, B, DK, F, FR, GB, L, MC, NL | 13,00 |
| 2 | CH, CZ, E, ECA, FIN, FL, GR, H, I, IRL, P, PL, S, SK, V | 15,00 |
| 3 | AL, BG, BIH, CY, EST, GBZ, HR, IS, LT, LV, M, MD, N, RO, SLO, TR, UA | 30,00 |
| 4 | Canada, Mexico, USA | 35,00 |
| 5 | Africa, Asia, Australia, South America | 40,00 |
For commercial customers, the shipping charges referred to above shall apply to shipments weighing up to 31.5 kg.
For shipments weighing more than 31.5 kg net, collection/shipment is required by forwarding agent. Information on forwarding charges are available on request.
6. Product support / Customer complaints
Questions regarding orders or complaints shall be addressed to our product support service:Tognum AG
c/o Docdata Fulfilment GmbH
Lindberghstraße 5
85399 Hallbergmoos
Deutschland
telefonisch: +49 811 555 453-1117
per Fax: +49 811 555 453-1118
7. Condition of sale/supply
Our sale/supply is subject to availability. If the goods are no longer available, the customer shall be informed without delay about the non-availability, and reimbursed immediately for possible payments which have already been made. MTU reserves the right to technical changes with respect to form, color and/or weight.8. Reservation of ownership
Deliveries shall be made with reservation of ownership. In case of contracts with private customers, MTU reserves the proprietary rights to the goods until full payment of the purchase price has been effected. In case of contracts with commercial customers, MTU reserves the proprietary rights to the goods until all claims from the current business relation- ship have been settled. In case of appropriation by a third party, especially in case of seizure/ attachment of the object purchased, the customer must notify MTU immediately in writing and inform the third party about the reservation of ownership at once. The customer agrees to handle the goods with care.9. Payment, due date, default in payment
Domestic private customers may pay the purchase price by payment in advance through bank transfer, automatic debit transfer or with credit card (VISA/Master/American Express). For payment in advance the bank account details can be found on the order confirmation which will be sent by e-mail after placing the order. The invoice amount has to be transferred within 10 days to the bank account by giving the order number as the reason for payment. For payments with debit transfer/credit card the customer shall revocably authorize MTU Friedrichshafen GmbH to debit his bank account stated in his order with the purchase price as well as the shipping charges or to have these amounts withdrawn from the credit card listed in the order.Private customers abroad may pay with credit card (VISA/ Master / American Express) only.
If the customer is a commercial customer, he may pay the purchase price by credit card (VISA/Master/American Express) or shall receive an invoice for the payable amount.
In case of payment against invoice, the customer agrees to settle the invoiced amount within a period of 10 days upon receipt of the goods.
In case of default in payment, MTU reserves the right to claim interest on arrears.
10. Warranty
For private customers, the warranty period shall be two years from the date of transfer of the goods whereas for commercial customers the warranty period shall be one year from the date of delivery of the goods. Any defects shall be reported in writing immediately after they have become known. Any consequences resulting from the defect not being reported in due time shall be borne by the customer.Transportation damage may be claimed only within a period of two weeks from the date of delivery of the goods.
The statutory warranty rights shall apply.
MTU can only be held liable for damages caused, either due to gross negligence or intent, by MTU, their legal representative or one of their agents. This limitation of liability concerns both contractual and non-contractual claims. The liability obligations in accordance with product liability legislation, and the liability in cases of minor injuries due to slight negligence, caused to life, body and/or health shall remain unaffected. With the exception of intent and/or gross negligence, liability shall be limited too the amount typically expected at the time the contract was concluded. In all cases, the overall liability per customer and damage shall be limited to an amount of € 500,000.
11. Data protection
Customer data input will be saved for the purpose of processing the transaction and maintenance of customer relations. The customer may print out his/her order before it is sent to MTU. The data will not be disclosed to third parties. If the customer has stated his e-mail address, he will receive an extra order confirmation including the entire data input by e-mail.12. Jurisdiction and applicable law
The venue for all claims arising from the business relationship shall be Friedrichshafen (Germany). The laws of the Federal Republic of Germany shall apply excluding the United Nations Convention of April 11, 1980 on contracts on the international purchase of goods.[print GENERAL TERMS AND CONDITIONS]