General Terms & Conditions (online shopping)
All orders and deliveries made on the basis of the Internet offer on
www.pmgtechnik.com, are subject to the following terms and conditions (GTC), which set the rights and obligations of the parties
(seller and buyer / customer) in the context of distance selling.
The PMG Technik GmbH based in Berlin (DE 312658185, Berlin Charlottenburg HRB 187627) is the seller of goods
and complete recoinditioned goods (gearbox, intake manifold, repair kit),
which are purchased as part of a distance sales via our online store. Corporations,
companies and natural person, after the age of 18 years, can purchase the goods.
These terms and conditions apply to all contracts with buyers.
Deviating regulations or additions to these terms and conditions must be in writing under penalty of nullity.
Deviating terms and conditions (for example, terms and conditions of purchase) of the customer are not accepted by PMG Technik GmbH.
The customer does not need a personal account at our online shop.
The data requested during the order (in particular: VIN, customer information, delivery address) must be given completely and correctly.
If a change in the specified data occurs after the order has been placed, the customer is obliged to correct the information immediately and to inform the seller about it.
PMG Technik GmbH reserves the right to cancel orders that have been caused by a manipulative or
act against the law (eg hacker attack).
Should a certain item, in particular a certain type of gearbox, be unavailable (for example as a result of stock exhaustion),
PMG Technik GmbH is obliged to inform the customer of the unavailability by e-mail or telephone before accepting the order.
The presentation of the goods in our online shop does not constitute a legally binding offer, but a non-binding online catalogue.
The customer by a binding offer to purchase the desired goods from the seller submits an order.
The presented photos and animations of goods are not the basis of the claim form,
the customer is not entitled to claim any claims for compliance with the contract resulting from the material presented.
The products we offer are new or reconditioned. In each case, the buyer is aware of whether it is a new or reconditioned product.
The seller grants warranty for the proper work of the gearbox and other products.
The purchased item is free from any material and legal defects.
General consumer protection rights apply to users.
Retention of title
The buyer shall receive these general terms and conditions of sale during the first delivery,
at the latest. They are also available at the following address: www.pmgtechnik.com/en/shop/terms
The receipt of the order sent by the buyer, we confirm the customer immediately by an automatically generated e-mail,
which is sent to specified e-mail address immediately. At this time, the purchase contract has been concluded.
The order is made on the same day of the order is given,
after receiving the needed data; the prices are in EUR.
The prices quoted on the website www.pmgtechnik.com are inclusive of the respectively applicable value added tax,
imposed on purchased goods, as well as on exchange goods.
PMG Technik GmbH expressly reserves the right to change these terms and conditions,
in particular the terms of payment, delivery and warranty, with effect for the future,
if required by law or if this is necessary to improve the customer service.
On already placed order, these GTC apply, which are in effect at the time of the order.
The seller reserves the right to own the product until the product is returned for exchange,
and this only concerns the product sold on an exchange prgram,
ie the product refurbished product for the used one.
Therefor it should be assumed that the transfer of ownership will take place after the return of the product;
the return is a condition precedent (reservation of ownership).
The used product should be available to the Seller for delivery within the exchange program within 21 days.
Shipment of used goods is performed by the UPS courier indicated by the Seller.
Until the product is delivered, the Buyer is the user (possessor) of the product, but not the owner of the item.
Ownership restriction does not concern the product offered outside the exchange program, but it is reserved until making the payment.
Until full payment is made, the goods remain the property of PMG Technik GmbH.
Right of withdrawal in distance selling contract
Loaned containers (original packaging) are for our own use only and may not be used for other purposes.
The Buyer must use them to send us the used product in the exchange program.
It must be returned within 21 days, together with the used product, in a non deteriorated condition,
at our expense. Otherwise, we charge a lump sum of 20 Euro, which will be assigned to compensation.
The buyer has the right to return the goods (right of withdrawal).
The buyer has the right to withdraw from the contract without giving any reason within:
90 days, in case of buying PREMIUM products: ie all gearboxes, reinforced intake manifolds;
the date of execution of the right of withdrawal shall be counted from the day when Buyer,
or indicated by him third person, who is not a courier, owns PREMIUM product.
30 days, in case of buying STANDARD products:
ie intake manifolds or repair kit; the date of execution of the right of withdrawal
shall be counted from the day when the Buyer or indicated by him third person who is not a courier,
takes possession of Standard product. Each time in case of return due to withdrawal, the product
must be undamaged. The Buyer must make available to the Seller the Product ready for collection
immediately, or at least within 14 days from the date of informing the Seller about the withdrawal.
The deadline is met if the Buyer provides the goods for collection within 14 days. The seller bears the cost of returning the product.
The buyer must bear the cost of the possible loss of value of the product only if the cause of the reduction in the value of the product
or damage is the usage of the product beyond the necessary level to state its condition, features or functionality.
In order to use the right of withdrawal, the Buyer must inform the Seller PMG Technik GmbH, Joachimsthaler Strasse 15/8, 10719 Berlin, about the decision concerning
withdraw from the contract by a unequivocal statement (eg text message via info.pmgtechnik.com or a letter sent by post, fax or mail).
The Buyer may use the attached for this purpose withdrawal form, but this is not necessary.
To comply with the withdrawal deadline the Buyer is to inform Seller about the exercise the right of withdrawal, before the expiry of the abovementioned deadlines.
Consequences of withdrawal: if the Buyer waives the contract, the Seller shall return to him promptly and at latest within 14 days
from receiving from the Buyer report about withdrawal all payment, including shipment costs (except additional costs resulting from Buyer's choice,
other than offered by us, ordinary standard shipment). The refund will be made using the same method of payment as used by the Buyer for
the original transaction unless the Buyer clearly points another method and Seller agrees. The Buyer on no account will cover any costs / charges concerning refund.
The seller may refuse to return the payment until he receives the product back or until the Buyer proves that he has returned the product, whichever occurs first.
After withdrawal or as part of exchange program the product or used product will be collected
free of charge with ordered by the Seller UPS courier.
The Buyer may point the collection details (date, place) online at the following address: info.pmgtecnik.com
As far as possible, the original product packaging should be returned as a result of the right of withdrawal.
The same applies to the transfer of used goods in the exchange program.
In case of late withdrawal (after the deadline of 90 or 30 days), a dissolution of a contract between the Seller
and Buyer may be agreed separately. In such cases, The Buyer will be charged with the costs of the return of the purchase product,
in particular shipment costs of the product back to the seller, according to the applicable tariffs of the UPS.
The delivery takes place, unless otherwise expressly agreed, to the delivery address specified by the customer in the order.
If the purchase is not a purchase of consumer goods in accordance with § 474 paragraph 1 BGB, the risk passes to the customer as soon as the delivery
to the transport person (the carrier) has been handed over. The shipping of the ordered goods and delivery of the exchange goods is carried out by UPS transport company.
A pickup of the goods at the registered office of the seller (at the headquarters of PMG Technik GmbH) is not possible. The seller covers the shipping costs by UPS.
- The customer can pay in the following ways:
COD (you pay directly to the UPS courier in cash, without any charges)
by transfer (bank details: owner: PMG Technik GmbH, Bank: Berliner Volksbank eG,
IBAN: DE14 1009 0000 2689 6830 05, BIC/SWIFT: BEVODEBB);
by PayPal (our PayPal E-Mail: firstname.lastname@example.org)
PMG Technik GmbH reserves the right not to offer certain forms of payment in individual cases (eg check).
The warranty covers:
1 year for STANDARD products sold to entrepreneurs (B2B)
2 years for STANDARD products sold to consumers (B2C)
2 years for PREMIUM products - gearboxes
3 years for PREMIUM products - reinforced manifolds. The warranty is valid from the moment of receiving the product by the Buyer.
The warranty is provided in the above mentioned period without kilometer limitation.
In the case of purchasing consumer goods, the general provisions of the Civil Code and the EU are provided.
Information on handling with the product: the gearbox must be carefully installed by qualified staff, i.e:
fill with oil, e.g. using a hose, until maximum level = maximum quantity which can be accessed at any time at info.pmgtechnik.com
do not pull the gearbox using the selector lever
check lines adjustment and their wear
do not start the vehicle on a lift with loose wheels
when the vehicle is started for the first time after installation of the gearbox,
it should stay in neutral gear for 10 minutes (NOTE: do not engage gears during that time)
all other actions at the gearbox replacement should be done according to the rules of repairing vehicles by qualified staff
If during the warranty period our product is found fault or defected, before commencing any works
(e.g. installation/removal, collection, other repairs) or any interference into the gearbox as a whole), you should immediately contract the seller.
Fisrt through a website at the following address: [info.pmgtechnik.com] (obligation to report). Other forms of communication (e-mail, fax, phone) are not excluded.
The gearbox must be delivered to the seller complete
(with removed gearbox oil in the designated container), in packaging that protects against damages in transport and with enclosed invoice.
Any claims shall only be reviewed in the seller's service station.
Collection and transport the defective product to the service is organized by the Seller.In disputable cases,
an independent expert may be appointed to confirm or deny defects in the goods. Costs of issuing
such an expert's opinion shall be incurred in half by the buyer and the seller.
What concerns the gerabox, the seller shall pay the installation / removal costs up to flat rate in amount of
€ 300 and shipping costs up to € 100; what concerns the manifolds and repair kit the seller shall pay the installation
/ removal costs up to flat rate in amount of
€ 100 and shipping costs up to € 30 if it turns out that the product delivered to the customer was defective on the delivery date.
The reclaimed goods (gearbox, intake manifold) should be made available the seller available at the place where
it is located at the time of the complaint. A Buyer entitled to complain shall be required to give the Seller or
any UPS carrier designated by him free access to the goods (on the spot) for transport, inspection, examination or assessment.
In case of culpable refusal of access, the basis of liability shall cease to exist. The description of the defect and the circumstances
in which the defect arose had to be provided to the seller in detail. In view of the nature and characteristics of the object of purchase,
in particular with regard to gearboxes sold, whose thorough on-site inspection is not possible, the buyer is obliged to put away the gearbox
in the safe place ready for pickup by the UPS carrier. On the website: info.pmgtechnik.com you can determine online all the collection details
(date, location), as well as upload your description of defects.
Within three business days from the reception
of the claimed gearbox an expert assessment shall be issued in writing or text form.
In any case it shall be presented to the claimant.
If the expert assessment shows no damages, the claimant (buyer) shall cover all transport costs.
If the expert assessment reveals any damages, the claimant (buyer) shall be entitled to the right mentioned above-mentioned.
The buyer shall receive the claimed gearbox free of the defects (brought to a condition as agreed)
or another equivalent gearbox free of defects (delivery of the product free of defects- exchange). The decision is up to Seller.
The dispatch shall take place within 7 days from the date where the claimed gearbox is found defective according to our expert assessment.
In extraordinary cases we reserve the right to extend this period to 14 days.
If the expert assessment states that the gearbox has been damaged as a result of:
mechanical damage as well as defects caused by incorrect handling;
ignoring the specifications in the instructions given and attached by PMG concerning storage, processing, assembly, use or maintenance.
improper technical overhaul
damage resulted from normal wear and tear
damage resulted from corrosive chemicals, e.g. cleaners
own reconstruction or repair (self-repair), especially if such a reconstruction or repair breached generally approved technical
rules or European rules or standards, then the claimant (buyer) shall be advised about costs of repair of the gearbox, transport
costs and other costs (hereinafter referred to as "non-guarantee costs") fisrt through
a website at the following address: [www.technischeinfo.de]. Other forms of communication, such as in writing, by phone or e-mail are not excluded.
If the claimant (the Buyer) agreed in writing or through a website or by email to pay the non-guarantee costs,
the customer shall receive the claimed gearbox free of the defects or another equivalent gearbox free of defects.
The dispatch shall take place within 7 days from the date where the claimed gearbox is found defective.
In extraordinary cases we reserve the right to extend this period to 14 days.
If the claimant (buyer) does not agree to incur the non-guarantee costs,
the seller shall be relieved from liability. The buyer shall return the goods.
The date of return of a claimed gearbox shall be arranged in advance through the technical help website.
The warranty shall not cover any costs related to malfunctions, e.g.
the vehicle cannot continue the trip
time lost by outage
lack of alternative transport solutions
damages to personal property
loss of income
Labels / safety labels on products and other safety marks must not be damaged or illegible.
Any damages which disallow unanimous reading of the symbols or colours of the warranty shall result in waiving the warranty.
The warranty expires after the lapse of the warranty period or by a legally binding court ruling.
PMG Technik Limited Liability Company (GmbH), Joachimsthaler Strasse 15/8, 10719 Berlin, County Court Berlin Charlottenburg HRB 187627, USt-ID-Nr.: DE 312658185.
tel: +49 30 120826070
As for 28.07.2017,
PMG Technik GmbH