Terms and Conditions

General terms and conditions and customer information/privacy policy

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to the contracts, which you conclude with us as a supplier (Fabrizio Marrocco) via the internet platform marrocco4speed.de or CATCH by eBay. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) If we list an item on eBay or CATCH by eBay, the activation of the offer page at marrocco4speed.de or CATCH by eBay constitutes a binding offer to conclude a contract under the conditions contained on the item page.

(3) The contract is concluded via the various online purchase functions (if offered on the respective article page) as follows:


a) Purchase via the "Buy It Now" function
After clicking the "Buy It Now" button on the article page, you can log into your existing marrocco4speed.de account or first create a new marrocco4speed.de account. The next step takes you to the "Send to" query mask, in which your stored personal data has already been entered. You can select the payment method below.

As far as provided by us, you can alternatively place the order as a guest by clicking on the corresponding button. In the next step, enter your personal data in the "Shipping to" query mask and select the payment method.

The order data will then be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as the payment method, you will either be taken to the order overview page on the eBay website or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or on the website of marrocco4speed.de after you have been redirected back to marrocco4speed.de.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By submitting the order via the appropriate button ("Buy", "Pay now" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

b) Purchase via the "Add to cart" function
By clicking the "Add to Cart" button on the article page, the goods intended for purchase are placed in the "Shopping Cart". The "shopping cart" is then displayed. Alternatively, you can use the corresponding button (shopping cart symbol) in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Checkout now" button in the shopping cart view, you can log into your existing marrocco4speed.de account or first create a new marrocco4speed.de account. The next step takes you to the "Send to" query mask, in which your stored personal data has already been entered. You can select the payment method below.

As far as provided by us, you can alternatively place the order as a guest by clicking on the corresponding button. In the next step, enter your personal data in the "Shipping to" query mask and select the payment method.

The order data will then be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as the payment method, you will either be taken to the order overview page on the eBay website or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or, after you have been redirected to eBay, on the website of marrocco4speed.de.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By submitting the order via the appropriate button ("Buy", "Buy now", "Pay now" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

c) Purchase via the "Bid" function
With the "Bid" function, you can submit a bid within the period in which our offer can be accepted ("bid duration"), taking into account the bid increments ("increase increments") set by marrocco4speed.de. If we have set a minimum price, your bid must reach this minimum price in order to be considered.
After entering your bid amount ("maximum bid") and clicking on the "Bid" button on the item page, you will be logged into your existing marrocco4speed.de account (or a new marrocco4speed.de account will be created).
On the following page you have the option of checking your bid again, changing it (also using the "back" function of the internet browser) or canceling the bid.
By submitting your bid using the "Confirm" button, you declare your acceptance of the offer in a legally binding manner.
The contract is concluded under the condition precedent that your bid is the highest bid at the end of the offer period.
If another bidder submits a bid that exceeds your maximum bid before the end of the bidding period, your lower bid expires.

d) Purchase via the "Send price proposal" function
With the "Send price proposal" function, you have the option of making us a counter-offer for the price shown on the article page.
After clicking the "Send price proposal" button on the article page and logging into your existing marrocco4speed.de account or creating a new marrocco4speed.de account, you can enter your price proposal on the following page and select how long your price proposal should be valid.
After clicking the "Check price proposal" button, you have the option of checking your price proposal again on the following page, changing it (also using the "Edit price proposal" function on the page) or canceling the price proposal.
By submitting your price proposal using the "Send price proposal" button, you submit a binding offer to us. Depending on your selection, you are bound to this price proposal for up to two days.
The contract is formed when we accept your price proposal within the period of validity specified by you.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) Insofar as you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:


- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(4) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 5 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention expressly do not apply.

 


II. Customer Information

1. Identity of Seller

Fabrizio Morocco
Above Westerhofe 36
31185 Söhlde
Germany
Telephone: 0151-21779910
Email: m4s@gmx.eu

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr/
 
We are not willing and not obliged to participate in dispute settlement procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.

5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

If indicated in the online ordering process, you can also use Apple Pay and/or Google Pay as payment methods.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

Unless a different period is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days after the conclusion of the contract (if advance payment has been agreed, however, only after the date of your payment instruction).

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

last update: 29.11.2022

 

Data protection

Unless otherwise specified below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide has no consequences. This only applies if no other information is given in the subsequent processing operations.
"Personal data" is all information that relates to an identified or identifiable natural person.

Responsible person
Contact us if you wish. The contact details of the person responsible for data processing can be found in our imprint.

Use of social media presences
We are represented with an online presence in the social networks and platforms mentioned below. These presences serve to communicate directly with customers, interested parties and users. Furthermore, the sites serve the purpose of advertising our products and services.
When you visit our social media presence, your data can be automatically recorded and saved for the purpose of advertising and market research. Usage profiles are created from this data using pseudonyms. These can be used, for example, to show you interest-based advertising inside and outside the platforms. For this purpose, cookies are regularly used, which enable the recognition of an Internet browser and in which your interests and your usage behavior are stored.
The processing takes place on the basis of Art. 6 Paragraph 1 lit.
If you have given the operators of the respective social media platforms your consent to the processing of your data, e.g. by ticking a checkbox, the processing takes place on the basis of Art. 6 Para. 1 lit. a GDPR. You can revoke your consent to the operator of the respective platform at any time without affecting the legality of the processing carried out on the basis of the consent up to the time of revocation.
The assertion of data subject rights and requests for information can most effectively be directed to the providers of the platforms, as only they have access to your data, can take immediate action and provide information. Of course, we will support you if necessary.
More information on the terms of use and data protection of the respective platform as well as a detailed description of further data processing and the respective possibilities of objection can be found on the websites of the providers at:

Rights of the data subject
If the legal requirements are met, you have the following rights according to Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Paragraph 1 GDPR, you have the right to object to processing based on Art. 6 Paragraph 1 f GDPR, as well as against processing for the purpose of direct mail.

Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you are of the opinion that your personal data is not being processed lawfully.

Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 (1) (f) GDPR, you have the right to object to this processing at any time with future effect for reasons that arise from your particular situation.
After the objection has been made, the processing of the data concerned will be terminated, unless we can prove compelling reasons worthy of protection for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

last update: 01.12.2021

Notes on battery disposal

In connection with the sale of batteries or with the delivery of devices that contain batteries, we are obliged to inform you of the following:
As the end user, you are legally obliged to return used batteries. You can return old batteries that we have or have carried in our range as new batteries free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meanings:
The symbol of the crossed-out wheeled bin means that the battery must not be thrown into the household waste.
Pb = battery contains more than 0.004 percent lead by mass
Cd = battery contains more than 0.002 percent by mass of cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury.

Special features when selling starter batteries

In connection with the sale of vehicle batteries, if you are end users according to Section 10 BattG, we are obliged to charge a deposit of 7.50 euros per vehicle battery including sales tax if you do not return an old vehicle battery at the time of purchasing a new vehicle battery . The deposit is not included in the purchase price and is shown on the item next to the final price.

If you return an old vehicle battery to us that we carry or have carried in our range as a new battery in accordance with Section 9 BattG, we are obliged, within the framework of the statutory provisions, to take it back free of charge and to reimburse the deposit amount.
Insofar as we have issued a deposit token in accordance with Section 10, Paragraph 1, Clause 3 of the BattG, the reimbursement of the deposit upon return of the old vehicle battery depends on the return of the deposit token.

Drop off location is listed in the Contacts address.

A return of the old battery by post is not permitted due to the dangerous goods ordinance.

Alternatively, old vehicle batteries can also be handed in free of charge at recycling centers. The deposit we collect is used by the public - legal recyclables and
Recycling yards non-refundable. However, there you have the option of having the return of the old vehicle battery confirmed on the deposit sticker. On presentation of the acknowledged deposit token, you will receive the battery deposit back from us.

Please note the above instructions.