General terms and conditions incl. client information
1 Scope of application, definitions, suppliers
(1) These General Terms and Conditions apply to all contracts concluded on shop.mercedes-benz-trucks.com (for consumers) or shopb2b.mercedes-benz-trucks.com (for business costumers) between the customers (hereinafter "Customer") and Brand Addition GmbH, Europastraße 19a, 45888 Gelsenkirchen, Tel. +49 (0) 2331-95970, email MB-Trucks@brandaddition.com, represented by Adelfo Marino, registered in the commercial register of the district court Hagen under HRB 1038, VAT identification number: DE125138579, (hereinafter "Supplier").
(2) The business relationship between the Supplier and the Customer is subject to the following General Terms and Conditions exclusively in the version valid at the time of the order. Any deviating conditions applied by the Customer shall not be recognised, unless the Supplier agrees to their validity in writing.
(3) Customers in the terms of these terms and conditions are either consumers or businesses according to §§ 13 and 14 of the German Civil Code (BGB).
2 Conclusion of contract, contract text storage, contract language
(1) The product representations in the online shop do not constitute a legally binding offer to the costumer, but an invitation to submit a purchase offer.
(2) The Customer may select products from the Seller's product range and use the "Add to basket" button. By clicking "Submit order," the Customer is making a binding offer according to § 145 of the German Civil Code (BGB) to purchase the goods in the basket. Before submitting the order, the Customer can review and change the order at any time. He is also advised that by accepting the order he accepts these Terms and Conditions.
(3) The Supplier will then send the Customer an automatic confirmation that the order has been received, in which the contents of the order are listed again. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Supplier and does not constitute acceptance of the request. The contract is only concluded when the Supplier sends an order confirmation according to § 151 of the German Civil Code (BGB), which is sent with a separate email or by the delivery of the goods by the Supplier.
(4) The contract text (consisting of order, Terms and Conditions and order confirmation) will be sent to the Customer in the acceptance confirmation email or in a separate email, no later than upon delivery of the goods, in a durable medium (email or paper copy). The contract text will be archived by the Supplier.
(5) The contract is concluded in German or English language.
(6) The Customer agrees that the contractual communication - including sending the invoice - can take place in electronic form.
3 Delivery, availability of goods
(1) The Supplier's delivery times for the respective goods are specified in the online shop.
(2) If any of the selected products are not available at the time the Customer places an order, the Supplier will inform the Customer at short notice . If the product is permanently out of stock, the Supplier will not issue an order confirmation. A contract is not concluded in this case.
(3) If the product ordered is only temporarily unavailable, the Supplier will likewise at short notice inform the Customer.
(4) Partial deliveries are allowed for business customers at the expense of the Supplier, as far as no disadvantages for the Customer result from this or are compensated by the Supplier.
(5) The Supplier will inform the Customer about any delivery restrictions in the item description or during the order process, when the Customer enters his delivery address.
4 Reservation of title
Until full payment has been made, the delivered goods remain the Supplier's property.
5 Prices and shipping costs
(1) All prices, which are indicated on the Supplier's website, include the applicable statutory sales tax - as far as to be paid - and but not any import fees (customs handling fee, customs duties, import sales tax) when delivering to a non-EU country.
(2) The shipping costs are specified to the Customer on the order page and are to be carried by the Customer, as far as the Customer does not exercise their right of cancellation.
(3) All orders are shipped by post. The shipping company is determined by the Supplier. The shipping risk will be carried by the Supplier if the Customer is a consumer. In case of delivery to businesses, the risk shall be transferred to the customer on transfer of the goods to the carrier.
(4) In the event of cancellation, the Customer shall bear the direct costs of the return shipment.
(5) For limited offers, the term of applicability can be seen at the point at which they are presented on the Supplier’s website.
(6) Price changes are reserved for business transactions. In the case of consumer transactions, the Supplier may adjust the prices if at least four months have passed between the conclusion of the purchase and the delivery; in this case, the Customer, who shall be informed thereof, may withdraw from the contract.
(7) Despite our best efforts, it is possible that a product may be mispriced as a result of our mistake or a technical error. If a product's correct price is higher than the price on the website, we reserve the right cancel your order at any time prior to dispatch and (if you have already paid) to refund you in full.
6 Payment methods
(1) The Customer can choose from the payment options offered in the ordering process.
(2) The Customer can change the payment method stored in their user account at any time.
(3) The purchase price is payable immediately upon conclusion of the contract. If a calendar date has been specified for payment, the Customer will be in default if the date is not observed. In this case he shall pay the Supplier default interest for the year at a rate of 5 percentage points – in case of corporate business 9 percentage points - above the base rate.
(4) The obligation of the Customer to pay default interest does not exclude further claims to damages caused by delay.
7 Material defects, guarantee
(1) The Supplier is liable for defects in accordance with the applicable statutory provisions, in particular §§434 et seq. of the German Civil Code (BGB).
(2) Claims against material defects for businesses expire twelve months after delivery.
(3) An additional guarantee for the goods delivered by the Supplier exists only if this is explicitly stated in the order confirmation for the respective articles.
(1) Customer claims for damages are excluded. This excludes Customer claims for damages resulting from injury to life, body, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages and futile expenditure caused by an intentional or grossly negligent breach of duty by the Supplier, their legal representatives or agents. Essential obligations are such obligations, which are required for achieving the goal of fulfilment of the contract.
(2) In case of breach of essential obligations, the Supplier is only liable for typical, foreseeable damages if these were caused by simple negligence, unless the Customer's claim is for damages resulting from injury to life, body or health.
(3) The limitations in para. 1 and 2 also apply to the Supplier’s legal representatives and vicarious agents if claims are made directly against them.
(4) Those from items 1 and 2 do not apply if the Supplier maliciously concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if the Supplier and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
9 Cancellation policy
(1) If you are a consumer, you have a right of cancellation in distance selling transactions, which the Seller provides below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). An example cancellation form can be found in section (3).
Right to Cancel
If you are a consumer, you have the right to cancel this contract within fourteen days of conclusion without specifying any reasons.
The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods.
To exercise your right of cancellation, you must inform us (Brand Addition GmbH, Europastraße 19a, 45888 Gelsenkirchen, Tel. +49 (0) 2331-95970, email MB-Trucks@brandaddition.com) by means of a clear statement (e. g. by post or email) about your decision to cancel this contract. You may use the attached sample cancellation form, but this is not required.
In order to comply with the cancellation period, it is sufficient if you send us the notification that you are exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you are a consumer and you cancel this contract, we will refund all payments we received from you, including delivery costs (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) without undue delay, and in any event not later than 14 days after:
(a) the day on we receive the goods back, or
(b) if earlier, the day on which you supply evidence of having sent the goods back.
The refund shall be issued with the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.
You shall bear the direct costs of returning the goods.
You must only compensate for any depreciation in the value of the goods if this depreciation in value is attributable to the handling of them other than that which is necessary to ascertain the nature, properties and functioning of the goods.
(2) The right of cancellation does not apply to contracts for the delivery of goods that have been damaged, soiled, washed, altered or worn (other than to try the item on). Any original packaging, labels or tags must still be intact.
(3) The Supplier provides the example cancellation form according to the legal regulations as follows:
Sample cancellation form
(If you would like to cancel the contract, please complete this form
and send it back to us.)
By post to:
Brand Addition GmbH
Or by email to MB-Trucks@brandaddition.com
I/we (*) hereby give notice that I/we (*) am/are (*) withdrawing from my/our (*) contract
on the purchase of the following goods (*) _
Order Number: _________________
Ordered on / received on (*): ________________________________
Name of the consumer(s): _______________________________
Address of the consumer(s): _____________________________
Date, signature (only when sending by post)
(*) Delete as applicable
10 Alternative dispute settlement
(1) The European Commission provides a platform for out-of-court dispute resolutions. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
(2) The Supplier does not participate in conciliation procedures before a consumer arbitration board and is not obliged to do so.
11 Final provisions
(1) For agreements between Supplier and Customer, the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory rules limiting the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer as consumer has his habitual residence, remain unaffected.
(2) If the Customer is a merchant, a legal person under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's main office.
(3) The legal invalidity of one or more provisions of this contract shall in no way affect the validity of the remaining provisions. Statutory provisions, if available, shall replace the ineffective provisions. Insofar as this would constitute an unreasonable hardship for one of the parties to the contract, however, the contract as a whole shall be deemed ineffective.