1. Contract partners
The Customer’s contract partner and contact is MM MerchandisingMedia GmbH (hereinafter referred to as “MM“), P.O. Box 13 36, 85767 Unterföhring, Germany, represented by the chief executive officers Sabine Eckhardt and Hans Fink.
MM is the official sales partner of the "Bugatti Collection" of BUGATTI (hereinafter: "Bugatti").
Mundo GmbH, Sterzinger Strasse 4, 86165 Augsburg, Germany, is the service and logistics partner of MM and has been entrusted with the handling of orders (hereinafter: "Mundo").
MM offers products for sale via www.bugatti-collection.com which are the property of MM; these General Terms and Conditions of Sale apply to such a sale exclusively.
The contract on the sale of the goods materializes directly between MM and the Customer. The version of these General Terms and Conditions of Business valid at the time of the effective conclusion of contract apply solely to the sale; MM shall not accept, or hereby expressly objects to, any inconsistent conditions of the Customer, unless MM has given its express consent thereto in writing.
In the event that MM acts as an intermediary for third-party performance, contractual relations materialize solely between the third party and the Customer. The general business conditions of the respective third-party supplier shall apply in this connection. The ranges offered by third parties are marked accordingly.
MM cannot check the quality of the performance rendered by third-party suppliers. For this reason, MM is not liable to the Customer if the third-party supplier renders performance poorly or the Customer suffers any loss when the third-party supplier renders performance.
The Customer must either have full legal competency (especially be of age) or act with the consent of his/her legally authorized representative. MM reserves the right to request proof of the consent of the legally authorized representative.
2.Materialization of the contract / Terms of delivery and payment
2.1 The Customer shall receive an appropriate order acknowledgment by e-mail after receipt of his order. The performance rendered by MM and any offers negotiated from third-party suppliers are without obligation. In addition, the Customer shall receive a notification of the delivery of the goods by e-mail. The purchase agreement materializes on receipt of the goods ordered or on notification of the delivery of the goods.
2.2 The goods ordered are delivered by post or through a different forwarder at the option of MM. Any information provided on delivery periods is not binding. The goods ordered are delivered while supplies last. MM reserves the right to deliver goods which are equivalent in quality and price. Should an article no longer be available at MM, MM reserves the right not to deliver. MM shall immediately notify the Customer of any inability to deliver. In addition, MM shall reimburse any payments already made by the Customer without delay.
2.3 The flat rate for forwarding and packaging of deliveries in Germany is EUR 8.00. The exact forwarding costs shall be stated depending on the order as MM makes every effort to optimize these costs appropriately. The flat rate for forwarding and packaging shall be charged only once for part deliveries which MM is entitled to make to a reasonable extent. The costs named above for forwarding do not include any import costs (e.g. customs duty) in a country; these costs shall be paid by the Customer.
2.4 The possible methods of payment for orders are by credit card (Mastercard, American Express and Visa) and advance payment. MM reserves the right to restrict the methods of payment in an individual case.
The banking connection of MM is as follows:
HypoVereinsbank AG, bank code: 700 202 70, account no.: 654700990
IBAN De20 7002 0270 0654 7009 90, SWIFT HYVEDEMMXXX.
2.5 If payment is to be made in advance, the goods ordered, as far as they are in stock, shall be reserved for the Customer ten days after the order is received. In case no payment is received after ten days have passed, the reservation of the goods is automatically cancelled and the goods shall not be delivered. Consequently, a purchase agreement shall not materialize.
3. Right of return
3.1 The provisions under this No. 3 apply solely to customers who reside in a member state of the European Union or in Switzerland on the date when the contract is signed.
3.2 The Customer is entitled to return the goods received by sending them back within two weeks without stating any reasons. This period begins after receipt of these instructions in the form of a text (e.g. as a letter, fax, e-mail) but not before receipt of the goods by the recipient nor before MM has performed its duties to inform pursuant to Section 312c (2) of the German Civil Code (BGB) in conjunction with Section 1 (1), (2) and (4) Ordinance on Information Requirements under the German Civil Code (BGB-InfoV) and the obligations of MM under Section 312e (1) Sentence 1 BGB in conjunction with Section 3 BGB-InfoV. Only if the goods are unable to be sent as parcel post (e.g. in case of bulky goods) may the Customer demand in text form to return the goods through the collection thereof. To comply with this period, the punctual dispatch of the goods or the demand for collection suffices. In either case, the return is carried out at the cost and risk of MM. The return consignment or the demand for collection must be addressed to:
MM MerchandisingMedia GmbH
c/o Mundo GmbH
Sterzinger Straße 4
86165 Augsburg
Germany
or by e-mail to
customercare@bugatti-collection.com.
3.3 A return consignment number is required as a reference number for each returned consignment which shall be provided to the Customer by e-mail.
3.4 If the return is valid, the performance received by both sides shall be returned and any profits drawn (e.g. interest) surrendered. Compensation may be demanded if there is any deterioration of the goods. This does not apply if the deterioration of the goods is attributable solely to the examination thereof – as would have been possible for the Customer in a shop. In other respects the Customer may avoid the duty to provide compensation for a deterioration occurring through the use of the goods as agreed by the Customer not using the item as his property and refraining from doing anything that might reduce its value. The Customer is obliged to return the goods whereby the return is arranged free of charge for the Customer as collection by Mundo. Any consignments sent to MM which are not prepaid shall not be accepted. The goods must be returned in their original packing. The order value of the goods returned less the original flat rate for forwarding and packaging is credited to the Customer’s account in case of an advance payment or reimbursed by retransfer if payment was made by credit card. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the Customer upon the dispatch of the goods or upon the demand for collection, for MM upon receipt of the goods.
4. Warranty
4.1 Should the delivered goods have a defect, the Customer may demand the rectification of the defect or the delivery of a faultless item (subsequent performance), unless the type of subsequent performance chosen (or both types) entails an excessive amount of costs. If a defect is not rectified within a reasonable period to be set by the Customer, the Customer may demand a reduction of the purchase price or withdraw from the contract at his option. The Customer has the same rights also without setting a deadline beforehand if the subsequent performance has failed, was seriously and finally refused by MM, it cannot be reasonably expected of the Customer or if a case defined in Sections 281 (2) or 323 (2) of the German Civil Code (BGB) has occurred. Complaints and objections shall be asserted against MM. The warranty period is 2 years and begins on the hand-over of the goods, unless a different period is agreed. In this statutory warranty period, all defects subject to the statutory warranty shall be rectified at the expense of MM.
4.2 MM can have the warranty performed by engaging third parties.
4.3 In case of defects in technical equipment, the Customer may also apply directly to the representative for the equipment. The right to directly file claims against MM remains unaffected.
4.4 In case of performance rendered by other suppliers for which MM acted as an intermediary, the warranty is based on the content of the contract concluded between this supplier and the Customer. No warranty claims can be filed against MM in this case.
4.5 After consultation and agreement with MM, the Customer shall return to MM the articles found complaint with as parcel post with sufficient postage. Parcels sent to MM which are not prepaid cannot be accepted. In case of legitimate complaints, MM shall provide compensation and reimburse the postage costs paid to the Customer.
4.6 In case of claims based on liability for the product (in particular under the German Product Liability Act), MM is entitled to notify the Customer of the name of the manufacturer or the supplier within one month after being requested to do so by the Customer. In this case, claims against MM and/or against Bugatti, if applicable, based on liability for the product are barred.
4.7 The respectively applicable statutory warranty provisions remain unaffected in each case specified in this No. 4.
5. Contents of the Internet shop
The Customer accepts that this Internet shop and its contents are legally protected (in particular the domain, signs, trademarks). Any use of the contents is permitted only after obtaining the prior written permission of MM.
6. Reservation of ownership
Until payment in full the goods remain the property of MM.
7. Data protection
MM may send information to the Customer on subsequent offers specially tailored to cater for the Customer on a regular basis by e-mail. Subscription to this information can be cancelled at any time by e-mail via the link shown at the bottom of the respective e-mail. In addition, MM may send information to the Customer on subsequent offers specially tailored to cater for the Customer on a regular basis by post. MM undertakes to observe the statutory provisions on data protection. Further details are given in the regulations on Private Sphere and Data Protection, available under www.bugatti-collection.com/[tbd].
8. Applicable law
The laws of the Federal Republic of Germany are applicable excluding the UN Sales Convention. In case of any disputes the courts in Munich, Germany, are agreed as having jurisdiction for foreign customers, registered merchants, legal entities under public law or special public funds.
9. Supplier marking
MM MerchandisingMedia GmbH, Medienallee 9, 85774 Unterföhring, Germany, represented by the chief executive officers Sabine Eckhardt and Hans Fink, Munich registration court, Commercial Register No.: HR B 128 169, VAT ID no.: DE 204 234 143, tax number: 9143/104/10137.
10. Safeguarding clause
The regulations of these General Terms and Conditions of Business shall apply only in as far as they are legally admissible in each individual case and are thus effective. Should one or more clauses of these General Terms and Conditions of Business be invalid in whole or in part, this shall not affect the validity of the remaining provisions. In lieu of the invalid provision, the statutory provisions of German law shall apply.
Status as per: May 15, 2008
