General Terms and Conditions (GTC)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all business relationships between Mobiba UG and its customers in the version valid at the time of the order. Deviating terms and conditions are only accepted if expressly confirmed by us in writing.

These conditions apply to both consumers and entrepreneurs. A consumer, according to § 13 BGB, is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur as defined in § 14 BGB is any natural or legal person or a legally capable partnership who acts in the course of their commercial or professional activity when entering into a legal transaction.

 

2. Offer / Conclusion of Contract

The products and services presented on our website do not constitute a legally binding offer but are an invitation for the customer to submit a binding offer.

By submitting an order via https://en.mobibadeutschland.de, the customer places a legally binding purchase offer. The order receipt is automatically confirmed by email. However, this confirmation does not constitute acceptance of the offer.

The purchase contract is only concluded once the ordered product has been shipped and shipment has been confirmed to the customer by email.

If a product is not available, we reserve the right not to accept the offer or to withdraw from the contract.

The contract language is German.

 

3. Prices and Payment Methods

All prices include the statutory value-added tax (VAT). Shipping and any additional charges are indicated separately in the relevant offer.

The customer is responsible for any additional fees such as customs duties or taxes for deliveries outside the EU.

We accept the following payment methods:

• PayPal
• Bank transfer
• Cash on delivery (plus €8 cash-on-delivery fee per parcel. Available only for parcel shipments within Germany)
• Cash payment upon collection (up to €9,999.99 in accordance with legal regulations; for amounts from €10,000, ID verification is required)

Invoices are issued exclusively in electronic form.

 

4. Retention of Title

The goods remain our property until full payment has been made.

 

5. Delivery / Shipping Costs / Transfer of Risk

Parcel Shipping within Germany

Shipping is free of charge within Germany. For cash on delivery, an additional charge of €8 per parcel applies. Delivery time is 2–4 business days after payment receipt, unless otherwise stated.

Freight Forwarding within Germany

Freight shipments are also free of charge and delivered to curbside only (not indoors or upper floors). The customer must provide a valid phone number for delivery coordination. Delivery time is 2–5 business days after payment receipt. Packaging disposal is not included.

Cash on delivery is not available for this shipping method.

IMPORTANT: If you are unavailable at the agreed delivery time, please immediately contact the freight carrier to reschedule or authorize a third party to accept the delivery. A second delivery attempt will result in extra charges that we will pass on to you.

International Parcel Shipping

International shipping costs are communicated via email (they are not calculated automatically during checkout). For deliveries to non-EU countries, additional document costs may apply (€60 flat fee plus €5 for each additional item, net). The customer is responsible for all customs duties, taxes, and fees.

International Freight Forwarding

International freight deliveries are made only on request. Shipping costs and delivery times are agreed individually. The customer is responsible for all export and import costs.

Note for Deliveries Outside the EU

Deliveries to non-EU countries are subject to successful export documentation and applicable permits. If export is legally impossible, we reserve the right to withdraw from the contract. Payments already received will be refunded promptly.

Transport Damage (For Consumers Only)

Please inspect the goods upon receipt for any visible transport damage. In case of damage, we recommend asking the delivery person to note this on the delivery receipt.

For hidden damage not evident at delivery, you must notify us within seven days of receipt.

 

Transfer of Risk in B2B Transactions

Risk Transfer 

For business customers within the meaning of § 14 BGB: Risk passes to the buyer once the goods are handed over to the shipping company, freight forwarder, or other appointed delivery party (§ 447 BGB), including in the case of free shipping.

Transport Insurance 

Transport insurance is not provided unless separately agreed. We select the carrier and shipping method unless otherwise arranged in writing. We are liable only for intent or gross negligence.

Transport Damage 

In the event of transport damage or loss during shipment, the buyer must immediately report this to the shipping company (carrier) and document it on the consignment note.

Hidden damage must be reported in writing within 7 calendar days after delivery (via email, mail, or fax). Timely dispatch is sufficient to meet the deadline (§ 438 HGB).

To ensure quick processing:

• Retain the full shipment including packaging and filler.
• Take clear photos of the internal and external damage.
• Send a damage report with photos and a brief description to info@mobibadeutschland.de

Please note: Late or undocumented reports may lead to denial of compensation.

Warranty 

A claim for warranty in the case of transport damage or loss exists only if caused by our gross negligence or inadequate packaging.

 

Intra-Community Deliveries (EU B2B)

For B2B customers with a valid EU VAT ID, delivery is tax-exempt under § 4 No. 1b in conjunction with § 6a UStG. The VAT ID must be provided prior to contract conclusion and updated if changed. If the conditions are not met, we reserve the right to retroactively charge VAT.

 

6. Warranty and Liability

6.1 New Products

Warranty and liability are governed by the applicable statutory provisions.

This means the warranty period for private use is 24 months and 12 months for commercial use, starting from the date of delivery of new goods.

6.2 Used Products

Used items are sold without warranty. If the buyer is a consumer, a statutory warranty period of 12 months from the date of purchase applies (consumer goods purchase).

The goods are checked for functionality and safety. Known functional defects are disclosed by the seller. These known defects, as well as signs of use and wear, are already considered in the purchase price and do not justify a reduction or withdrawal from the contract.

The warranty does not cover wear-and-tear parts and is limited to defects not typical for the age and prior use of the item. Any further liability is excluded.

Used products may be inspected in advance by appointment. It is solely the buyer’s responsibility to thoroughly assess the goods and their features during such inspection.

6.3. Limitation of Liability vis-à-vis Entrepreneurs

Liability is limited to intent and gross negligence. For damages to life, body, or health, and in cases involving essential contractual obligations, statutory provisions apply.

We are not liable to business customers for loss of profit or indirect damages unless caused by gross negligence. Product liability remains unaffected.

 

7. Right of Withdrawal

Buyers who are natural persons — that is, individuals concluding a legal transaction for purposes that are primarily not attributable to their commercial or self-employed professional activities (consumers) — have the right to withdraw from the contract within 14 days without giving reasons.

The withdrawal period is 14 days and begins:

• In the case of a contract for multiple goods ordered together but delivered separately, on the day the buyer (or a third party named by them, who is not the carrier) takes possession of the last item;
• In the case of a contract for delivery in several partial shipments, on the day the buyer (or a third party named by them) receives the last installment;
• In the case of recurring deliveries of similar goods, on the day the buyer (or a third party named by them) receives the first delivery.

To exercise the right of withdrawal, the buyer must inform us (Mobiba UG) of their decision by means of a clear declaration (e.g., a letter sent by post, fax, or email). You may use our sample withdrawal form, although it is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the communication before the end of the 14-day period.

The withdrawal must be sent to: Mobiba UG
Managing Director: Ivasinnikov Maksim
Nachtweide 80
39124 Magdeburg
Germany
Email: info@mobibadeutschland.de

 

8. Consequences of Withdrawal

If you withdraw from the contract, we will reimburse all payments received from you, including delivery costs (except for additional costs arising if you chose a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day we receive your withdrawal notice.

We will use the same payment method you used for the original transaction unless expressly agreed otherwise. You will not be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the returned goods or you have provided proof of return, whichever is earlier.

You must return or hand over the goods to us without delay, and in any case no later than 14 days from the day you informed us of the withdrawal. The deadline is met if you send the goods before the 14-day period expires.

You bear the direct costs of returning the goods in the following cases:

• For freight forwarding deliveries (regardless of destination)
• For deliveries outside the EU
• For deliveries to non-EU countries

Return shipping costs depend on the nature of the goods, the destination, and the delivery method, and may vary. The maximum return shipping cost is €400 per parcel or pallet.

We will cover return costs only for parcels (up to 31kg) shipped within Germany.

You are only liable for any diminished value of the goods if this is due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

The right of withdrawal does not apply to contracts:

• for goods made to the consumer’s specifications or clearly personalized;
• for goods that are liable to perish quickly or have a short expiry date;
• for alcoholic beverages whose price was agreed at contract conclusion, but which can be delivered at the earliest 30 days later and whose market value depends on fluctuations outside the seller’s control;
• for newspapers, periodicals, or magazines, except for subscription contracts.

The right of withdrawal expires early for contracts:

• for sealed goods that are not suitable for return due to health protection or hygiene reasons, if their seal was removed after delivery;
• for goods that, after delivery, were inseparably mixed with other items;
• for sealed audio or video recordings or sealed software if the seal was removed after delivery.

 

9. External Links

Our website contains links to third-party websites. We are not responsible for the content of those external sites. Mobiba UG explicitly distances itself from all content on linked websites and does not adopt them as its own

 

10. Data Protection

Our privacy policy can be found under the "Privacy Policy" section on our website. It provides detailed information about how we collect, process, and protect your personal data in accordance with applicable data protection laws.

 

11. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/

Our contact email for this purpose is: info@mobibadeutschland.de

 

12. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the provisions of international private law.

If the purchaser is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law, the exclusive place of jurisdiction for both parties shall be the registered office of our company. This also applies to claims arising from checks and bills of exchange. We also reserve the right to bring action against the purchaser at their general place of jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

 

13. Final Provisions

Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the intended purpose of the original.