1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply
for all deliveries and services between the entrepreneur Marcel Malcsik (in
hereinafter also: “Marseal Motors”) as the owner of the website “www.marseal-motors.com”
and the customer (hereinafter also: “you”), whereby the latter is considered a “consumer” in the sense
is to be qualified under § 1 para 1 KSchG.
1.2 Marseal Motors concludes contracts exclusively on the basis of the following
Conditions (GTC) apply. The version valid at the time of the legal transaction is decisive.
the valid version at the time of the conclusion of the contract.
1.3 Conditions of the customer that contradict or deviate from these GTC
Marseal Motors does not recognize any contrary conditions unless expressly agreed to in writing.
was.
2. Order and conclusion of contract
2.1 The presentation of goods in the webshop is non-binding and thus does not constitute a binding
offer from Marseal Motors for the conclusion of a contract. The customer will
thus merely requested to make an offer by concluding the
to be submitted during the ordering process.
22 When the order has arrived at Marseal Motors, the customer will be informed about the
notified at the email address provided to him about the receipt of his order. This
Notification does not yet constitute acceptance of the offer submitted by the customer.
but serves only to inform about the receipt of the order.
2.3 Before completing the order, the customer has the opportunity to correct their order.
correct. Once the ordering process is completed, the customer will additionally
through an info window "Your order is complete and has been successfully sent to us
will be notified as "shipped".
2.4 An order is only possible if all fields marked with (*) in the order form are completed
Mandatory fields are filled out. If information is missing or the order cannot be processed for other reasons
If the contract cannot be concluded for any reason, the customer will receive an error message.
2.5 A valid contract is concluded with the explicit acceptance declaration from Marseal Motors
or through actual delivery of the ordered goods.
2.6 The acceptance of the contract by Marseal Motors must occur within a reasonable time, at most
however, must be done within 14 days of receipt of the order, otherwise the customer
is no longer bound by their offer.
3. Availability of goods
3.1 If the requested goods are not available at the time of order entry
if available, Marseal Motors will inform the customer of the expected delivery delay.
The customer then has the option to adhere to the validity of their offer
or to revoke this.
3.2 If the goods are permanently unavailable, no contract is concluded. The customer will be informed about this
Marseal Motors will also inform the customer.
4. Right of withdrawal and cancellation of the customer
4.1 The customer has the right to revoke the contract concluded with Marseal Motors within 14
days to withdraw without giving any reasons. The 14-day withdrawal period begins
generally starts with the day of the conclusion of the contract. In the case of postal dispatch, the 14-
day withdrawal period starts with the day on which the customer or a third party named by him,
not the carrier has taken possession of the shipped goods.
4.2 In order to exercise the right of withdrawal, the customer must make an explicit
to submit a declaration to Marseal Motors, which states the withdrawal from the present
contract. The declaration can be sent by letter to "A-2130 Mistelbach, Barnabitenstraße 8"
or can be done by email to "info@marseal-motors.com".
4.3 For this purpose, the customer can also use the following sample withdrawal form:
I hereby revoke the contract I concluded for the purchase of the goods
[Product Name], ordered on [Order Date], with the invoice number
[Rechnungsnummer].
[Name und Anschrift des Kunden]
[Datum und Unterschrift des Kunden]“
4.4 To maintain the revocation period, it is sufficient for the customer to notify about
sends the revocation to Marseal Motors before the revocation period expires.
4.5 As a result of the revocation, the customer will be refunded all payments made in this context.
payments, including costs for standard deliveries, will be refunded. Have you
if the customer has already received goods from Marseal Motors and a return is possible, these
must return the goods to Marseal Motors in a reciprocal manner. The return of Marseal
The revocation must be made within 14 days from the time when the customer
The revocation has been received by Marseal Motors.
4.6 For the refund of any payments, Marseal Motors uses the same
payment method that the customer used in the original transaction, unless
because a different arrangement was explicitly made with the customer.
4.7 The customer must pay Marseal Motors a reasonable fee for the use of the goods
to pay. This also includes compensation for any use-related
depreciation of the goods is included. Furthermore, the customer is responsible for the direct costs
to cover the return of the goods and bears the risk of any loss in value
of the returned goods.
4.8 The customer's right to withdraw from the contract is excluded if goods are made
specifications of the customer or made according to the personal needs of the customer
be tailored.
5. Delivery conditions and delay
5.1 The delivery of the ordered goods must take place within 14 days to the address provided by the customer
to the specified address, unless a different arrangement is explicitly made with the customer
a different delivery date is agreed upon.
5.2 The risk of loss or damage to the goods passes to the customer,
as soon as the goods are delivered to the customer or to a designated person by the carrier
delivered to different third parties. This does not apply if the customer himself
concludes the transport contract without a proposal from Marseal Motors
to use the option. In this case, the transfer of risk already takes place with
delivery of the goods to the carrier.
5.3 If the customer has not taken over the goods as agreed, Marseal Motors is entitled to
to store the goods and for the costs associated with renewed delivery
to demand compensation. The right of Marseal Motors to enforce the contract remains,
remains unaffected.
6. Payment Terms and Default Interest
6.1 Payment must be made via PayPal or credit card (Mastercard or VISA) to the account specified by Marseal
to the account announced by Marseal Motors.
6.2 The total purchase price is due at the time of contract conclusion, unless with
a different payment date is expressly agreed upon in writing with the customer.
6.3 In case of payment default by the customer, Marseal Motors is entitled to either the actual
claiming damages incurred or default interest at the statutory rate of 4% p.a.
to be asserted. This also includes compound interest from the time of
Delivery of Goods.
7. Prices and Shipping Costs
7.1 All prices are total prices and are listed in the webshop for the individual goods. You
including value-added tax but excluding shipping costs.
7.2 The shipping is at the customer's expense. The overview of shipping costs can be accessed
under: https://www.marseal-motors.com/pages/versandkosten
8. Warranty and Guarantee
8.1 In the case of the delivery of defective goods, the customer can assert claims within the framework
can be asserted under the statutory warranty rights.
8.2 Marseal Motors does not provide any own warranties. Further information on any
Manufacturer warranties can be found in the description accompanying the respective goods.
be taken.
9. Retention of Title
9.1 Until full payment of the purchase price, the delivered goods remain the
Property of Marseal Motors. The assertion of the retention of title lies
a withdrawal from the contract is only possible if it is expressly declared.
10. Liability
10.1 Marseal Motors is liable for damages caused intentionally or negligently.
damages. In the case of gross negligence, compensation for consequential damages, such as
in particular consequential damages, excluded. This limitation of liability
does not apply to personal injury.
11. Data Protection
11.1 The processing of personal data necessary for the provision of
Marseal Motors is required, is done solely on the basis of the
relevant legal provisions, particularly the data protection-
General Data Protection Regulation (GDPR) and the Austrian accompanying laws.
11.2 Further information can be found in the privacy policy, accessible at:
[Link], can be obtained.
12. Complaint and alternative dispute resolution
12.1 The customer can submit complaints to the EU Online Dispute Resolution platform
directed to: http://ec.europa.eu/odr. Alternatively, the complaint can also be submitted directly to
Complaints can be submitted to Marseal Motors at the following email address: “info@marseal-
motors.com“.
13. Contact details
13.1 Marcel Malcsik
Barnabitenstraße 8
A-2130 Mistelbach
Austria
Tel.: +436646395639
E-Mail: info@marseal-motors.com
14. Final provisions
14.1 The language of the contract is German.
14.2 The invalidity of individual terms and conditions does not affect the legal validity of the
the remaining provisions.
14.3 Austrian law applies, excluding the conflict of law rules of
international private law (e.g. Rome I Regulation) and the UN Sales Convention.
Status: November 2019
