Our General Terms and Conditions of Sale/Delivery for businesspersons/companies within the Meaning of § 14 BGB (German Civil Code)
1. Validity of our terms and conditions
These terms and conditions shall apply to the contracts concluded between you and us, the company
Mott Mobile Systeme GmbH & Co. KG
Am Dittwarer Bahnhof 9-11
Handelsregister: HRA 706013
Registergericht: AG Mannheim
Geschäftsführer: Jürgen Junker
unless expressly agreed otherwise in writing between you and us, contracts entered into through this online store are governed by our terms and conditions. Any terms and conditions that deviate from or conflict with these terms and conditions will not be recognised by us unless we have expressly agreed to them.
Only businesspersons within the meaning of § 14 BGB (German Civil Code) are subject to these General Terms and Conditions. A businessperson is a natural person or a company with legal personality who, when entering into a legal act, is exercising his commercial or self-employed occupation.
We are therefore entitled to demand that you provide us with sufficient proof of your status as a businessperson prior to the conclusion of the contract, e.g. by providing us with your VAT identification number or any other suitable proof. You must provide us with complete and truthful information required for such proof.
All that we offer in our Online Store is free to view and, therefore, non-binding. A presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). Technically necessary or expedient changes to the products are reserved. Measurements, illustrations and drawings are for preliminary information only and are not firm until confirmed by us in writing. Details of our products’ characteristics and performance are for illustrative purposes only and are not binding.
You can therefore add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process.
You make a binding offer to purchase or book the goods and/or services shown in the order overview by clicking on the “Order with obligation to pay” button in the final step of the order process. Immediately after submitting your order, you will receive an order confirmation. However, this does not constitute acceptance of your offer to enter into a contract. As soon as we accept your order and/or booking by a separate e-mail or send the goods in the shipment, a contract between you and us is concluded. Please check your SPAM folder regularly.
The language available for concluding the Contract is German. Translations into other languages are provided for your information and convenience only. The German text shall prevail in the event of any discrepancy between the German text and the translation. We will retain the text of the contract. The contract terms will be sent to you by email when you accept or notify us of your offer to contract, with details of the goods and/or services ordered, including these terms and conditions.
At any time you can view the text of the contract in our customer login.
The current price list shall determine the purchase price of an item. All prices are exclusive of VAT. You may choose to pay using one of the following methods available to you. We reserve the right to select the payment methods available. In particular, we reserve the right to offer you only a selection of payment methods, for example, we may only offer payment in advance in order to cover our credit risk:
If you choose to pay in advance, we’ll send you a separate email with our bank details and ship the goods after receiving payment.
Payment service providers such as PayPal
When ordering you will be redirected to the PayPal website to make the payment. To pay using PayPal, you need to be registered there, or register first, legitimise yourself with your access data and confirm that payment is authorised. We will ask PayPal to initiate the payment transaction after you have placed your order in the shop. PayPal will automatically process the payment immediately afterwards. During the ordering process you will receive further instructions.
Upon completion of your order, you will be redirected to the website of the online payment provider Sofort GmbH. You must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us in order to pay the invoice amount via Sofort. During the ordering process you will receive further instructions. The payment transaction will be carried out by Sofort immediately afterwards and the amount will be debited from your bank account.
By Credit Card (VISA, Mastercard, American Express)
If you choose to pay by credit card, your credit card account will be charged when your order is dispatched.
You pay by bank transfer to our bank account on receipt of the goods and the invoice. We reserve the right to offer purchase on account only after a successful credit check.
(2) Unless otherwise agreed and guaranteed by us, you will be responsible for any fees charged by the bank for payment by advance bank transfer or PayPal. The final price and delivery and shipping costs will also be charged to you.
(3) In addition to the final price and the delivery and shipping costs, you will also be responsible for any fees charged by the shipping company for payment by cash on delivery.
(4) Payment by credit card, PayPal or advance payment is possible in the case of an order and/or delivery of the goods outside Germany.
(5) Payment by instalments or purchase on trial is generally not possible.
(6) Payment of the purchase price is due immediately upon conclusion of the contract. You will be in default if the due date is determined by the calendar. In this case, you will be liable to pay interest on arrears at a rate of 5 percentage points above the basic rate of interest.
(7) The assertion of further claims for damages caused by default is not excluded by your obligation to pay default interest.
(8) Unless the counterclaim is undisputed or has been finally adjudicated, you shall have no right of set-off or retention.
4. Terms of Delivery:
We shall dispatch the merchandise in strict accordance with the terms previously agreed upon with you. Any associated shipping charges are detailed within the product’s description and shall be delineated separately on the invoice.
5. Retention of ownership
(1) The goods supplied shall remain our property until such time as payment has been made in full.
(2) In the ordinary course of business, you are entitled to resell the reserved goods. However, there shall be no pledging or transfer by way of security of the goods subject to retention of title. In this case, however, you hereby assign to us all claims arising from the resale, irrespective of whether the resale occurs before or after processing of the reserved goods, in the amount of our invoice value. We accept this assignment. You shall remain authorised to collect the claim even after the assignment, without prejudice to our right to collect the claim ourselves. As long as and to the extent that you meet your payment obligations, no application for insolvency or similar proceedings has been filed against your assets and there is no cessation of payments, we undertake not to collect the claim ourselves. We are obliged to release the securities of our choice at your request if the claims to be secured exceed the secured claims by more than 10%.
6. Warranty for material defects
(1) We shall be liable for defects as to quality according to the applicable statutory provisions, in particular according to §§ 434 ff. BGB (GERMAN CIVIL CODE).
(2) An additional guarantee for the goods delivered by us shall only exist if we have explicitly given such a guarantee in writing for the relevant article.
(3) Any warranty rights shall be subject to the condition that you have properly fulfilled all your obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
(4) The limitation period for warranty claims for the delivery item is twelve months from receipt of the item, with the exception of claims for damages.
In the event of intent and gross negligence, we shall be liable. We shall also be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as a customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. For breaches of duty by our vicarious agents, the same shall apply.
In the event of injury to life, limb or health, the above exclusions of liability shall not apply. This is without prejudice to liability under the Product Liability Act.
8. Delivery, transfer of risk
(1) The Goods are delivered by sending the Goods to the shipping address you have provided.
(2) We will dispatch the purchased goods as soon as possible, at the latest, however, within five working days after receipt of payment
- after receiving payment, if you have chosen to pay in advance (transfer, cash or PayPal)
- after concluding the contract, if you have chosen to pay by cash on delivery;
(3) In the case of payment by credit card, we shall initiate payment on the day of dispatch of the goods.
(4) Delivery of the goods is at our risk. Only upon delivery to you, including in the case of a mail order purchase, shall the risk of accidental loss and accidental deterioration of the goods pass to you.
9. Final provisions
(1) No variation to or amendment of these terms and conditions shall be valid unless in writing.
(2) Contracts between us and you shall be governed by and construed according to the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(3) Place of performance as well as exclusive jurisdiction for all disputes arising from or related to this contract is Tauberbischofsheim.
(4) In the event that any provision of these terms and conditions shall be or become invalid, such invalidity shall have no effect on the validity of the remainder of these terms and conditions. The invalid provision shall be replaced by agreement between the parties by a legally valid provision that most closely reflects the economic purpose of the invalid provision. In the event of loopholes, the above provision shall apply accordingly.