Terms of service

Terms of Service

I. General terms and conditions

II. Data protection

I. General terms and conditions

§ 1 General

a) Scope
These general terms and conditions apply to all business relationships between Mr. Markus Lübon, Hultschiner Damm 151, 12623 Berlin  (hereinafter referred to as: Marotronics)  and his customers in the version valid at the time the contract was concluded. Conflicting general terms and conditions of the customer are hereby expressly rejected.

b) Contract
agreement The contract language is German.

c)
Conclusion of the contract If Marotronics sells on eBay, the contract between Marotronics and the customer is concluded according to the design and under the conditions of the terms and conditions of eBay (http://pages.ebay.de/help/policies/user-agreement.html) :

  • "Auction": By auctioning an article, the seller makes a binding offer to conclude a purchase contract. The seller determines a starting price and a period (duration of the offer) within which the offer can be accepted by bid. The buyer accepts the offer by submitting a bid using the bidding function. The acceptance takes place under the condition precedent that the buyer is the highest bidder after the end of the offer period. Therefore, the bid expires if another buyer makes a higher bid during the offer period.
  • "Minimum price": Sellers can set a different minimum price for an auction under certain conditions. In this case, the offer is subject to the condition precedent that the minimum price is reached. In this case, a contract is only concluded if the bid of the highest bidder reaches the minimum price at the end of the auction.
  • "Buy it now" (fixed price): If an offer has the option to buy it now (fixed price), a contract is concluded regardless of the expiry of the offer period and without conducting an auction at the buy-now price (fixed price) if a user exercises this option. This only applies as long as no bid has been placed on the item or the bids have not yet reached a minimum price set by the seller.
  • "Buy it now": In the "Buy it now" format, the seller makes a binding offer that other users can purchase the item at the specified price. The contract is concluded through the acceptance of a user when a user clicks the "Buy It Now" button and confirms the process.
  • "Immediate payment": In the case of Buy It Now items, sellers can specify that immediate payment is required for their offer. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy It Now" button and completing the immediately following payment process. The buyer can also accept offers for several articles by placing the articles in the shopping cart (if available) and completing the immediately following payment process.
  • "Propose price": If the seller gives his offer the option "Propose price", interested parties can also submit an offer to the seller to purchase the item at a certain price. The seller can accept or reject a price proposal or make a counter-proposal. Price proposals from interested parties and counter-proposals from the seller are binding and remain valid for 48 hours.


For all sales contracts that are concluded via eBay, the buyer is generally obliged to pay in advance. Unless the buyer and seller agree otherwise, the purchase price is due immediately and must be paid by the buyer using the payment methods offered by the seller.

If the offer is terminated prematurely by the seller, a contract is concluded between the latter and the highest bidder, unless the seller was entitled to withdraw the offer and delete the existing bids. Buyers can only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user who is the highest bidder again after the auction has ended due to the bid withdrawal and the seller.

If an item is deleted from eBay before the end of the offer period, no effective contract is concluded between buyer and seller.

Before submitting the purchase offer or accepting the purchase according to the auction forms described above, the customer has the opportunity to check and confirm his entry. If the customer recognizes any errors in his entry, the entry can be corrected instead of the confirmation.

d) Storage of the contract text
A separate storage of the contract text by Marotronics does not take place. Since Marotronics has no influence on the duration of the storage on eBay, it is pointed out that the customer can call up and print out the contract text by entering the item number. After 90 days, however, the offer will be deleted from eBay's servers. EBay does not offer storage in a reproducible form. You would therefore have to arrange this yourself (e.g. by taking a screenshot of the respective offer or converting the contract text into PDF format).

§ 2 Delivery

a)
Partial deliveries Marotronics is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, the customer will not incur any additional shipping costs.

b) Delivery and service
delays Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events that cannot be prevented even by the utmost care on the part of Marotronics (this includes in particular strikes, official or judicial orders and cases of incorrect or improper self-delivery in spite of the covering transaction), Marotronics is not responsible. You authorize Marotronics to postpone the delivery for the duration of the obstructing event.

c) Exclusion of delivery
PO box addresses are not supplied.

d) Default in acceptance
If the customer is in default with the acceptance of the ordered goods, Marotronics is entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or accidental deterioration.

§ 3 Payment

a) Prices and shipping costs
All prices include sales tax and do not include any costs incurred for packaging and shipping, unless collection by the customer at the Marotronics headquarters in Berlin is agreed.

b) Default in payment
The customer is in default of payment if the payment is not received by Marotronics within two weeks of receipt of the invoice. In the event of default in payment, interest will be charged at 5 percentage points above the base rate of the European Central Bank or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If the customer defaults on his payments, Marotronics reserves the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. The customer has the option to prove that Marotronics incurred no or only minor damage.

c) Right of retention
The customer is only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the customer's obligation.

§ 4 cancellation policy for distance contracts

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within 1 month without giving any reason.

The cancellation period is 1 month from the day on which you or a third party named by you who is not the carrier has taken possession of the goods / the last goods.

In order to exercise your right of withdrawal, you must send us (Marotronics, Mr. Markus Lübon, Hultschiner Damm 151, 12623 Berlin, email: shop@ardumower.de , telephone: 030/51636584, fax: 030/51636585) a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence thatthat you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

- End of revocation -

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. There is also no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.

Special information on the premature expiry of the right of withdrawal

In the case of contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.


§ 5

Retention of title The delivered goods remain the property of Marotronics until the purchase price has been paid in full. The customer has to treat the goods that are subject to simple retention of title with care at all times. The customer assigns a claim or replacement that he receives for the damage, destruction or loss of the delivered goods to Marotronics. If the customer acts in breach of contract, in particular in the event of default in payment, Marotronics is entitled to take back the purchased item. Taking back the purchased item constitutes a withdrawal from the contract.

§ 6 Responsibility of the customer

Commercial customers are obliged, in the event that the items supplied by Marotronics are installed in items intended for resale, to fulfill their responsibilities resulting from the CE marking obligation.

§ 7 Warranty

There are statutory warranty rights for all Marotronics goods in this shop.

a) Warranty claim
A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim.

b)
Transfer of risk The risk of accidental loss or deterioration of the goods sold is only transferred to the customer when the goods are handed over.

c) Notification
If the customer realizes that the outer packaging is damaged or notices after receiving the goods, Marotronics asks the customer to notify us of this. However, there is no obligation to provide such notification, nor are the consumer's warranty rights affected by failure to provide notification.

d) Subsequent performance
If the goods are defective, the customer can optionally request subsequent performance in the form of subsequent improvement or subsequent delivery. If defects are not rectified even after two attempts at rectification, the customer has the right to withdraw from the contract or to reduce the price.

e) Rights in
the event of an insignificant defect In the event of an insignificant defect, the customer is only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.

f) Compensation for defects
No guarantee is given for damage resulting from improper handling or use of the goods. Marotronics only pays compensation for defects in the goods in the event of willful intent or gross negligence. This exclusion does not affect liability for damage to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.

g) Guarantee towards entrepreneurs
Contrary to the statutory warranty regulations, the following provisions apply to entrepreneurs: In the event of a defect, Marotronics will, at its own discretion, provide supplementary performance in the form of rectification of the defect or a new delivery. The risk of accidental loss or deterioration of the item is transferred to the person assigned to transport it when the item is handed over. Warranty claims expire within one year after the transfer of risk so determined.

h) Entrepreneurs' obligation to notify
Entrepreneurs must immediately report obvious defects in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.


§ 8 Liability

a)
Exclusion of liability Marotronics as well as its legal representatives and vicarious agents are only liable for intent or gross negligence, subject to the following reservation. In the case of slight negligence, liability only applies to the breach of essential contractual obligations, consequently such obligations, compliance with which is of particular importance for achieving the purpose of the contract. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, Marotronics is only liable to the amount of the foreseeable, contract-typical damage to customers who are not consumers.

b) Reservation of liability
The above disclaimer does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.

§ 9 Final provisions

a)
Place of jurisdiction The exclusive place of jurisdiction for all legal disputes arising from this contract is agreed to be the registered office of Marotronics in Berlin, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

b) Choice of law
Unless mandatory statutory provisions according to the customer's home law preclude this, German law, excluding the UN sales law, shall apply.

c) Online dispute resolution (OS platform)
The EU Commission has created an internet platform for the online settlement of disputes relating to contractual obligations from online contracts. The customer can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/

Marotronics is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.

d) Severability clause
The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.

II. Data protection

§ 1. General


Personal data collected and processed by Marotronics in the context of the conclusion of the contract and the processing of the contract are used exclusively for the purpose of establishing the contract, structuring the content, executing or processing the contractual relationship (Art. 6 I b GDPR). In principle, they will not be passed on to third parties. The data will only be passed on to the shipping company commissioned with the delivery to fulfill the contract, insofar as this is necessary for the delivery of the goods ordered. To process payments, the payment data required for this will be passed on to the credit institute commissioned with the payment and, if applicable, the commissioned and selected payment service provider.A use of personal data is therefore only to the extent necessary or if Marotronics is obliged to do so by law or a court order or, if necessary, to prevent improper use contrary to the general terms and conditions in a lawful manner.

§ 2 storage


After the end of the purpose for which the data was collected, Marotronics stores the customer's personal data only for as long as required by law (especially tax law).

§ 3 The rights of the customer with regard to his data

a) Information
The customer can request information from Marotronics as to whether Marotronics processes personal data from him and, if this is the case, he has a right to information about this personal data and to the Further information mentioned in Art. 15 GDPR.

b) Right to rectification
The customer has the right to correct inaccurate personal data concerning him and can, in accordance with Art. 16 GDPR, request the completion of incomplete personal data.

c) Right to deletion
The customer has the right to demand that Marotronics delete the personal data concerning him immediately. Marotronics is obliged to delete them immediately, in particular if one of the following reasons applies:

  • The personal data of the customer are no longer necessary for the purposes for which they were collected or otherwise processed.
  • the customer revokes his consent on which the processing of his data was based and there is no other legal basis for the processing.
  • the customer's data was processed unlawfully.

The right to erasure does not exist if the customer's personal data are required to assert, exercise or defend Marotronics' legal claims.

d) Right to restriction of processing
The customer has the right to demand that Marotronics restrict the processing of his personal data if

  • the customer denies the accuracy of the data and Marotronics therefore checks the accuracy,
  • the processing is unlawful and the customer rejects the deletion and instead requests the restriction of use
  • Marotronics no longer needs the data, but the customer needs them to assert, exercise or defend legal claims,
  • the customer has lodged an objection to the processing of his data and it has not yet been determined whether the legitimate reasons of Marotronics outweigh the reasons of the customer.


e) Right to data
portability The customer has the right to receive the personal data concerning him, which he has provided to Marotronics, in a structured, common and machine-readable format and he has the right to transfer this data to another person responsible without hindrance from Marotronics, if the processing is based on consent or a contract and processing at Marotronics is carried out using automated procedures.

f)
Right of revocation If the processing of the customer's personal data is based on consent, he has the right to revoke this consent at any time.

g) General and right of appeal
The exercise of the above rights of the customer is basically free of charge. The customer has the right to contact the data protection supervisory authority responsible for Marotronics directly in the event of complaints.


§ 4 Responsible body / contact for data protection


To contact us regarding data protection, the customer can contact Marotronics using the contact options below. Responsible according to the GDPR:

Mr. Markus Lübon
Hultschiner Damm 151
12623 Berlin
E-Mail: info@marotronics.de
Telephone: 0175 2047445