Terms of service
General Terms and Conditions (GTC) – MD Product+Service UG
§ 1 Scope
1. Deliveries and services provided by MD Product+Service UG -haftungsbeschränkt- (hereinafter referred to as “MDPS”) are based on these General Terms and Conditions.
2. These General Terms and Conditions also apply to companies, legal entities under public law, or special funds under public law within the meaning of § 310 (1) sentence 1 BGB.
3. Any reference in the customer's own terms and conditions to the validity of their own terms and conditions is hereby rejected.
§ 2 Conclusion of contract
1. If the customer orders goods via the website www.mamba.net or via a direct order, e.g. via e-mail or telephone, the provisions set out in paragraphs 2 to 7 below shall apply. If, on the other hand, the customer uses trading platforms such as eBay to order goods from MDPS, the provisions set out in paragraphs 8 and 9 shall apply.
2. The presentation of the goods in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. By ordering the desired goods via the Internet, telephone, or email, the customer submits a binding offer to conclude a purchase contract with MDPS. When ordering via the online shop, the customer submits a binding offer to conclude a purchase contract for the product in question as soon as they have entered all the required information and clicked on the “Place order” button in the final step.
3. Immediately after receiving an offer, MDPS will send a confirmation of the content of the offer, which does not yet constitute acceptance. MDPS is entitled to accept the customer's offer within 5 working days by sending an order confirmation (or corresponding invoice) to the customer. The contract is concluded upon receipt of the order confirmation (or corresponding invoice).
4. The order confirmation or invoice will be sent by email. If MDPS does not have a valid email address for the customer to which messages can be sent, the order confirmation (or corresponding invoice) will be delivered together with the goods. If MDPS has not accepted the customer's offer within 5 working days, the offer is deemed to have been rejected. No purchase contract is concluded for products that are not listed in the order confirmation (or corresponding invoice).
5. If an end customer orders goods in quantities exceeding normal commercial quantities, MDPS reserves the right not to accept a corresponding contract offer and to refuse delivery.
6. The presentation of goods on trading platforms such as eBay constitutes binding offers on the part of MDPS. In the case of “Buy It Now” offers, the contract is concluded when the customer clicks on the “Buy It Now” button and confirms this selection on the following page. In the case of auction offers, the contract is concluded when the respective offer expires with the highest bidder at that time.
7. Before placing a binding order via the online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click on the button that completes the ordering process. The contract can only be concluded in German.
When you submit an offer via the online order form, the contract text will be stored by us after the contract has been concluded and sent to you in text form after you have submitted your order. We will not make the contract text available beyond this. When purchasing via eBay, the contract text is also archived on eBay and can be accessed by the customer free of charge at www.ebay.de for a period of 90 days after conclusion of the contract by entering the corresponding item number. To display the item page with the contract text, the customer can enter the corresponding item number in the search field on the eBay homepage and click on the “Find” button. If MDPS sells on other/similar platforms, the above-described procedures for archiving the contract text data apply mutatis mutandis. The procedure for storage and display on these platforms may vary and is subject to the design and processes of the respective platform.
§ 3 Prices and Payment Terms
1. Prices quoted in the online shop and on trading platforms such as eBay.de are in euros, including VAT, plus delivery and shipping costs (for products offered in the online shop, available at https://www.mamba.net/versand; for offers on trading platforms such as eBay, shipping costs are stated separately), and excluding any additional services (e.g., training, installation, separate accessories, etc.), unless expressly agreed otherwise.
2. Invoices and any necessary reminders will be sent to the customer exclusively by email.
3. Invoice amounts are due immediately and must be paid without any deductions.
4. The customer is not entitled to offset. The prohibition on offsetting does not apply if MDPS's counterclaims are undisputed, have been legally established, or are ready for decision, or if they are counterclaims that are reciprocal to MDPS's payment claims. The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
5. If payment is made using a payment method offered by Stripe, payment processing will be carried out via the payment service provider Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA (hereinafter: "Stripe"), subject to the Stripe Terms of Use, available at https://stripe.com/de/privacy
6. If payment is made using a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§ 4 Delivery
1. Items advertised on mamba.net are generally provided with an availability indication, which indicates the latest availability date. If an item is advertised without a specific availability indication, it is considered immediately available. Items offered on trading platforms such as eBay are considered immediately available. Unless otherwise agreed, MDPS will deliver within ten days of the latest availability date specified after conclusion of the contract, or within ten days of receipt of payment if payment is made in advance. If an item is available within a maximum of four days, MDPS will deliver this item, for example, within a maximum of fourteen days of conclusion of the contract, or within a maximum of fourteen days of receipt of payment if payment is made in advance. If MDPS defaults on delivery and the customer sets a grace period, this grace period must be at least two weeks.
2. Partial deliveries are permitted as long as they are reasonable for the customer.
3. MDPS is free to determine the shipping method, the shipping company, and the shipping route at its reasonable discretion without express instructions from the buyer. Goods that cannot be shipped by parcel will be delivered free curbside.
4. If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover to the commissioned logistics partner.
5. If the goods are not or temporarily unavailable despite the prior conclusion of a corresponding purchase contract, MDPS will inform the customer immediately after the order and at regular intervals thereafter. Until the goods are delivered by the sub-supplier, MDPS is released from its obligation to perform and may withdraw from the contract if the goods are not available. This does not apply if MDPS is responsible for the non-delivery by the sub-supplier. If MDPS wishes to withdraw, MDPS will exercise its right of withdrawal immediately. In the event of withdrawal, any amounts already paid towards the purchase price will be refunded immediately by MDPS. Claims for damages by the customer are excluded. This does not apply if MDPS is responsible for the non-delivery by the sub-supplier.
§ 5 Transport Damage / Limitation Period for Reporting Defects
If goods are delivered with obvious damage to the packaging or contents, the customer should note this directly upon acceptance of the delivery from the logistics company. Without prejudice to their warranty rights, the customer should ideally notify MDPS of this immediately upon receipt of the goods at +49 (0)341 65 86 0939 so that MDPS can claim the transport damage from the contracted logistics company. If the customer is a merchant and the contract is part of their commercial business, Section 377 of the German Commercial Code (HGB) applies.
§ 6 Retention of Title
1. The delivered goods remain the property of MDPS until the purchase price has been paid in full. Prior to transfer of ownership, pledging, assignment by way of security, processing, or modification is not permitted without the express consent of MDPS.
2. MDPS retains title to the delivered goods until all payments from the business relationship with the customer have been received. In this case, the retention of title also extends to the recognized balance if MDPS books claims against the customer in current invoices (current account retention). The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to MDPS all claims in the amount of the gross invoice amount that arise from the resale to its customers or third parties. This applies regardless of whether the goods have been processed or not. The customer remains authorized to collect the claim after the assignment. MDPS may, at its own discretion, also collect the claim itself. MDPS will not collect the claim as long as the customer meets its payment obligations to MDPS and is not in default. In the event of default in payment, the customer is obligated to provide all information necessary to collect the claim and to assist MDPS in collecting the claim. MDPS is obligated to release existing securities at the customer's request if their value exceeds the value of the existing claims by more than 20%. The selection of the securities to be released is at MDPS's discretion.
§ 7 Warranty
1. Delivered goods are subject to statutory liability for defects. The warranty is governed by the statutory provisions and the following regulations.
2. If the customer acts as a business owner, his claims for defects in the goods shall expire one year after receipt of the goods; the statutory limitation period for recourse claims (§ 479 BGB) remains unaffected. Furthermore, the warranty for used items is excluded.
3. The limitation periods specified in Section 2 do not apply to claims for damages in the event of intent or fraudulent concealment of a defect, or if MDPS has provided a guarantee for the quality of the delivered item. They also do not apply to claims for damages due to material defects in cases of injury to life, body, or health, claims under the Product Liability Act, grossly negligent breach of duty, or culpable breach of essential contractual obligations. Essential contractual obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, and whose breach, on the other hand, jeopardizes the achievement of the contract's purpose.
4. Damage caused by improper or contractually-contravening actions by the customer during installation, use, operation, or storage shall not constitute a claim against MDPS.
§ 8 Data Protection
1. In all data processing operations (e.g., collection, processing, and transmission), MDPS complies with the statutory provisions. The personal data transmitted by the customer is stored electronically by MDPS. MDPS is entitled to pass on the data required for contract execution to third parties engaged to process the contract.
2. Customer orders are stored by MDPS. If the customer loses documents relating to their orders, they can contact MDPS by email, fax, or phone. MDPS will email a copy of their order details, provided the order was placed no more than one year ago.
3. Further information on the type, scope, location, and purpose of the collection, processing, and use of personal data necessary for the execution of orders can be found in MDPS's privacy policy.
§ 9 Right of Withdrawal
If the customer concludes a contract with MDPS as a consumer and the customer and MDPS use exclusively means of distance communication for the contract negotiations and conclusion (e.g., ordering via an online shop or via trading platforms such as eBay.de, as well as telephone or fax), the customer is generally entitled to a statutory right of withdrawal, about which MDPS will provide separate information.
§ 10 Liability
1. MDPS is liable in accordance with the statutory provisions for damages to the customer:
a. that were caused intentionally or through gross negligence by MDPS or its vicarious agents,
b. that are the result of the absence of a guaranteed quality of the service,
c. that are based on a culpable breach of essential contractual obligations (see paragraph 2),
d. that are the result of a culpable injury to health, body, or life, or
e. for which liability is provided for under the Product Liability Act.
In the event of a merely slightly negligent breach of a material contractual obligation (see paragraph 2), MDPS's liability is limited to such damages that can typically and foreseeably be expected in the context of the provision of the agreed services. This limitation does not apply to damages resulting from injury to health, body, or life, or the absence of a guaranteed quality of the service.
2. Material contractual obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely, and whose breach would, on the other hand, jeopardize the achievement of the contract's purpose.
3. Otherwise, the liability of MDPS and its vicarious agents and employees is excluded regardless of the legal basis.
§ 11 Consumer Arbitration / Final Provisions
1. MDPS is generally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining agreements.
3. If the customer does not have a general place of jurisdiction within the European Union or is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all claims arising from the contractual relationship shall be 04288 Leipzig. However, MDPS is also entitled to file legal action at the customer's registered office.
4. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods, even in cross-border deliveries. If the customer is a consumer, the mandatory consumer protection provisions applicable in the country in which the customer has their habitual residence shall also apply, provided that these provide the customer with additional protection.
MD Product+Service UG (limited liability)
Werkstättenstraße 4
DE-04319 Leipzig
– Link to Legal Notice –
Your Right of Withdrawal as a Consumer
1. Right of Withdrawal for the Delivery of Goods
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. If you have ordered several goods as part of a single order and these are delivered separately, the withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. If you have ordered goods that are to be delivered in multiple partial shipments or pieces, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial shipment or piece. If you have ordered goods that are to be delivered regularly over a specified period, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first item. To exercise your right of withdrawal, you must inform us (MD Product+Service UG, Werkstättenstraße 4, DE-04319 Leipzig, Tel.: +49 341 65 86 0939, Fax: +49 341 65 86 6105, Email: info@mamba.net) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. You may complete and submit the model withdrawal form or any other unambiguous declaration. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The right of withdrawal does not apply to the delivery of
a) goods that are not prefabricated and whose production is based on your individual selection or specification,
b) goods that are clearly tailored to your personal needs,
c) sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g., electric toothbrushes),
d) sound or video recordings or computer programs in a sealed package if the seal has been removed after delivery,
e) newspapers, magazines, and illustrated magazines, with the exception of subscription contracts.
Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. In the case of a return of goods that cannot be sent by parcel, the cost of returning the goods will be estimated at a maximum of approximately the amount stated as the shipping costs for the delivery. If the goods cannot be sent by parcel, we will organize collection from you upon request; please contact us for details. If you make use of this option, the return costs you will have to bear will correspond to the amount stated for the return shipment.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
2. Sample Cancellation Form
Sample Cancellation Form
(If you wish to cancel the contract, you can copy these lines as a template for your word processor. Please then fill out this form and return it.)
To:
MD Product+Service UG
Werkstättenstraße 4
DE-04319 Leipzig
Fax: +49 341 65 86 6105
Email: info@mamba.net
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Customer number/invoice number/order number (*)
– Address of consumer(s)
– Signature of consumer(s) (only if notification is made on paper)
– Date
_______________________
(*) Delete as appropriate.
MD Product+Service UG, February 2025