General Terms and Conditions of Melkus Sportwagen GmbH for the sale of products from the Melkus online shop

§1 Contractual partner

Contractual partner of the orderer is:
Melkus Sportwagen GmbH
An der Prießnitzaue 32
01328 Dresden

Tel.: +49 (0)351 3141330
Fax: +49 (0)351 3141331
Mail: info@melkus-sportwagen.de

Headquarter: Dresden
Registration Court: AG Dresden HRB27581
Managing partner: Sepp Melkus

§2 Validity

The following conditions are valid to consumers from the 01^st of December 2010 and apply to all deliveries of products from the Melkus online shop. Terms and conditions of the customer do not apply, even if they are not exactly negated.

§3 Offer and conclusion of the contract

Our range of articles is not binding. The order of a customer is an offer to enter into a purchase contract. The following confirmation of the receipt of the order and any following status reports are no acceptance of the offer. The purchase contract is accomplished as soon as we confirm the order or with delivery of the goods and confirmation of dispatch.

§4 Prices & Payment Options

All prices are quoted in Euro including of VAT plus postage and packing charge. Payment is only possible by prepayment.

§5 Delivery, Condition of the goods

a) The delivery of the ordered goods will be carried out while stock lasts. We reserve the right to deliver a comparable refund, in the event that the products ordered by the Customer are not available. In case of dissatisfaction, this product can be returned at our costs to the address named under §1 (contractual partner). Alternatively we reserve the right of non-delivery. In that case of lack of availability, we notify the customer as soon as possible.

b) The delivery will be carried out throughout Europe and after the receipt of the complete purchasing price plus shipping and handling charge. Partial shipment is valid, if it is reasonable to the customer. Up to the delivery, we reserve the right of insignificant commercial changes, in particular improvements of the goods, if the interests of the customer will not unreasonable be affected.

§6 Packaging, shipment and transport insurance

The costs of packaging and transport insurance are included in the shipment costs.

For shipments within Germany, the purchaser will be invoiced with Euro 5,90 and for shipments to Austria, Belgium, the Netherlands, Luxembourg, Switzerland, Liechtenstein, France and Great Britain with Euro 10,90. Prices for other countries are available on request.

§7 Compensation

If we do not render our contractual services, belated or inadequately, the customer has the right of compensation only

a) For damages resulting from injuries to life, body or health, based upon our willful or negligent breach of duty or a willful or negligent breach of duty of one of our legal or vicarious agents.

b) For other damages, based upon a willful or grossly negligent breach of duty on our part or a willful or grossly negligent breach of duty of one of our legal agents, executive employees or vicarious agents or based upon a willful or negligent violation of essential contractual obligations (cardinal obligation) on our part or the willful or negligent breach of duty of one of our legal agents, executive employees or vicarious agents.

c) For damages, that falls within the scope of protection of our guaranties or within a quality or durability guarantee.

§8 Retention of title

Until the settlement of the amount due to the seller arising out of the purchase contract, the item purchased remains the property of the Melkus Sportwagen GmbH, in particular as long as the customer has the possibility of a return debit of the settlement.

§9 Rights of withholding and set-off

The customer can only offset counter-claims against the claims of the seller if the counter-claim of the customer is undisputed or if a legally valid title exists. The customer can only enforce a right of retention providing it is based on claims arising from the sales contract.

§10 Data protection

The purchaser's personal details are collected, processed and used exclusively for the purpose of dealing with the order in accordance with Germany's data protection laws.

§11 Right of revocation

a) You may withdraw your contractual acceptance in writing (e.g. by letter, fax or email) within two weeks without stating grounds, or by returning the item. The period commences upon receipt of this notification in text form, not, however, prior to the delivery of the goods to the recipient, nor before the fulfilment of our duties to provide information pursuant to article 246 § 2 in conjunction with § 1 paras. 1 and 2 of the German Civil Code (EGBGB), as well as our duties in accordance with §312e para. 1, line 1 of the German Civil Code (BGB) in conjunction with article 246 § 3 of the German Civil Code (EGBGB). The deadline is deemed to have been observed if the notice of revocation or the item was sent in a timely fashion.

b) The revocation must be send to the address named under §1 (Contractual partner).

c) In the event of an effective cancellation, any payments received by either party must be returned and where applicable any benefits received (e.g. from interest) are to be surrendered. If you are unable or only partly able to return the service received or are only able to return it in a deteriorated condition, you may be under obligation to pay us compensation. This does not apply if the deterioration of the goods can be exclusively attributed to their examination - as would have been possible in a shop. You are not liable to provide compensation for any deterioration of the goods caused by their intended use.

§12 Choice of law

The provisions of this contract and the legal relationship between the parties hereto are subject to German law. The application of the United Nations Convention for the International Sale of Goods (CISG) is hereby excluded.

§13 Jurisdiction

a) Dresden shall be the exclusive place of venue and jurisdiction for any and all disputes arising from or in connection with this contract.

b) This place of jurisdiction shall also apply if the customer has no general place of jurisdiction within Germany, or if the customer changes his place of residence to a place outside of Germany after concluding the contract or if the place of residence is not known when the action is filed.