General Terms and Conditions of Business of MGI MetalGear International GmbH
for Consumer

The following General Terms and Conditions of Business also contain statutory information on your rights pursuant to the regulations on contracts concluded in electronic business transactions and distance marketing.

1. Scope

These business conditions apply to all deliveries by MGI Metal Gear Int. GmbH to retail consumers, i.e. every natural person concluding the contract for a purpose which cannot be described as active neither in commercial nor self-employed activities.

2. Languages

The contract languages are German and English.

3. Offers

The goods displayed for sale in the online shop are subject to alteration without notice and do not constitute legal offers.

Before concluding an agreement it is your obligation to examine whether the goods selected are suitable for your intended use; in particular, you are required to satisfy yourself in respect of the manufacturer, model, year of manufacture and vehicle type and to compare the part to be exchanged with the dimensions and the sketch shown.

The goods offered for sale contain no installation instructions.

4. Concluding Contracts

By clicking the button ["Add to shopping basket"] you put the goods into the virtual shopping basket. This procedure is non-binding and does not constitute a binding offer. Later in the ordering procedure you will be required to log in with your personal customer data and select your preferred payment method.

By clicking the button ["Place your order"] you are making a binding offer to conclude a contract for the purchase of goods. After ordering the goods you will receive an automatically generated email which confirms receipt of the order and which reproduces its details (confirmation of receipt). This confirmation of receipt does not constitute any acceptance of a contract. A contract only comes into being when a confirmation of the order is sent or the goods are shipped.

When placing orders by telephone, you will be asked orally for ordering data; the receipt of the order will then be confirmed by email to your email address. For telephoned orders as well, a contract will not come into being until the order is confirmed or the goods are shipped. The order hotline employees are not authorised to accept contracts.

We are authorised to accept your offer within two weeks.

5. Correcting Computer Entry Errors

Before your order is sent, its contents, including your customer data, are summarised on a summary page. This lets you check all the information you have entered and correct any errors you may have made.

6. Saving and Accessing the Text of the Contract

You can save or print out the provisions of the contract, including these General Terms and Conditions of Business, at any time when the contract is concluded by clicking the [Save] or [Print] button. You can also print the "Order Confirmation" which appears on your screen after the ordering procedure is complete. Your order data will remain stored and you can call them up in the log-in area at any time. You will also be sent all relevant data of your order by email, which you can also print out.

7. Cancellation Rights

Cancellation Information

Cancellation Rights

You can cancel your contractual declaration within one month in text form, e.g. letter, fax, email, without giving reasons or - if you take delivery of the item before the deadline expires - by returning the item. The deadline for cancellation begins after you receive this information in text form but not before the purchaser has received the goods. In the case of repeated deliveries of goods of the same type, the deadline for cancellation does not begin before receipt of the first partial delivery or before we have fulfilled our obligations to provide information pursuant to Section 312c, Para. 2 of the German Civil Code (BGB) in conjunction with Section 1, Para. 1, 2 and 4 of the Provision of Information Regulations (BGB-InfoV) and our obligations pursuant to Section 312e, Para. 1, Clause 1 of the German Civil Code (BGB) in conjunction with Section 3 of the Provision of Information Regulations (BGB-InfoV). The timely dispatch of a cancellation notice will suffice to comply with the cancellation deadline or the item. Notice of cancellation is to be sent to:

MGI MetalGear Int. GmbH
Handelsvertretung Heiko Karp
Niendorfer Weg 11, 22453 Hamburg
Fax.: +49 (40) 5714-5985
E-Mail: H.Karp@metalgear-shop.com

Consequences of Cancellation

Where cancellation is legally valid the benefits granted to both parties are to be returned and any derived benefits, e.g. interest, are to be released. If you are not able to return the service received or to return it only in part or only in worse condition, you will be obliged to reimburse us for the loss of value where appropriate. When sending goods, this will not apply if the worsening of the goods is due exclusively to examination, for example as if you had been able to examine it in a shop. You can also avoid having to reimburse us for loss of value when using the goods for their intended purpose by not using them as your property and not doing anything to impair their value. Goods which can be sent by parcel are to be returned to us at our risk. You will pay the cost of returning the goods if the goods delivered are those ordered and do not exceed 40 euros in value or, where the price is higher, if you have not paid for the goods or paid any contractually agreed instalment before cancelling the order. Otherwise, returning the goods is free of charge. Goods which cannot be returned as a parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for you when you send notice of cancellation or return the goods; for us the deadline begins when we receive the goods.

Exceptions

Pursuant to Section 312d, Para. 4 of the German Civil Code (BGB) and provided nothing else has been agreed to, there is no right of cancellation of distance sales agreements

• for goods made to customer specifications, clearly made to personal requirements or which are not suitable for return due to their inherent nature;
• in the case of deliveries of audio or video recordings of software, if the seal or wrapping on the data carriers delivered has been opened.

End of Cancellation Information

8. Prices and Conditions of Payment

The prices given are in euros and include the statutory value added tax. The price applying at the time the order is placed will apply.

We charge for delivery in addition to the prices shown. You can call up the shipping costs in summarised form at the Shipping Costs link and they will be shown again on the summary page before the order is sended.

You can pay for the goods either in advance by bank transfer, COD or by credit card.

Payment in Advance:
When paying in advance we will send you our bank account details with the confirmation of the order. Please pay the purchase price within 14 days. We will deliver the goods after the amount has been credited to our account.

Cash On Delivery:
When paying COD you pay for the goods in cash to the postman or courier in exchange for the goods.

Credit Card:
When you pay by credit card, the purchase price will be charged to your credit card account.

You may only offset invoice amounts if your counterclaims have been determined in a court of law, are undisputed or have been recognised by us. Further, you may only exercise retention rights if your counterclaim is based on the same contractual relationship.

9. Delivery, Transfer of Risk and Retention of Title

The goods will be delivered only within the European Union to the delivery address given by the customer. Goods held in stock will be shipped within three working days. If the delivery period cannot be adhered to, we will inform you by email.

The goods will remain our property until the purchase price is paid in full.

10. Installation

Goods delivered by us must be installed out professionally and in line with the guidelines and approvals of the vehicle's manufacturer, preferably by a specialist workshop. Where this condition is not observed, damage to your vehicle may result.

Before installing, adapting or altering the delivered goods you are required as far as possible to examine them to ensure that they are the same as the part to be exchanged.

If the description of the goods shows no General Operating Permit (GOP) for the goods, we draw your express attention to the fact that it is your responsibility to obtain a General Operating Permit, registration or appraisal. Without a GOP or registration you are not permitted to operate the vehicle on the road.

The respective foreign registration regulations are to be observed for goods delivered outside the Federal Republic of Germany.

11. Liability for Defects

If the delivered goods display any obvious defects (material or manufacturing defects, transport damage), please inform our customer service immediately. Failure to notify defects will not affect your legal rights. You may choose to exercise your statutory rights in respect of all defects to the goods occurring during the statutory limitation period of two years following transfer. In addition to legislative requirements, the conditions listed in Paragraph 12 apply to compensation claims for defective goods.

Please contact our customer service for help with any defects:

MGI MetalGear Int. GmbH
Handelsvertretung Heiko Karp
Niendorfer Weg 11, 22453 Hamburg
Tel.: +49 (40) 5714-5980
Fax.: +49 (40) 5714-5985
E-Mail: H.Karp@metalgear-shop.com

12. Liability for Damages

We are liable without limitation pursuant to legislative provisions for damage due to wilful intent or gross negligence, including wilful intent or gross negligence on the part of our representatives or agents. If no allegations of wilful breach of contract are made against us, liability for damages will be limited to foreseeable, typically occurring damage.

We are liable without limitation pursuant to legislative provisions if we culpably breach an essential contractual obligation (so-called cardinal obligation); however, in such cases liability will be limited to foreseeable, typically occurring damage.

We are liable without limitation for damage resulting from death, physical injury or harm to human health, including a culpable breach of duty by our legal representatives or agents; this also applies to compulsory liability pursuant to the German Product Liability Act.

Any further liability for damages is excluded, regardless of the legal nature of the claim asserted. This applies in particular to liability claims due to breach of pre-contractual obligations, other breaches of obligation, tortious claims pursuant to Section 823 of the German Civil Code or claims for reimbursement of impossible expenses instead of service.

The above liability exclusions and restrictions do not apply in the case of malice or if we have assumed a guarantee for the inherent nature of the item.

If our liability for damages is excluded or limited, this will also apply with respect to liability for personal liability for damages of our employees, representatives or agents.

13. Data Protection

In processing your personal data we will observe those of your interests worthy of protection as required by law. We collect and process your personal data to process orders and maintain customer relationships. If necessary for order-processing, your data will also be passed on to our sales agency. However, we will never sell or give your data to third parties for other purposes.

Whenever our website is called up, log files information will be stored automatically on our server which your computer will transmit to us. These are:

• browser type/version
• operating system used
• referrer URL (the previously visited site)
• host name of the accessing computer (IP address)
• time of the server enquiry

The data will not be used to personally identify the visitor to this website. These data will not be combined with other data-sources. Cookies can also be used. These are used for making our offer more user-friendly, effective and secure. Cookies are small text files which are filed on your computer and stored by your browser. Most of the cookies we use are short-term cookies ("session cookies") which are automatically deleted again after the end of your visit.

If you wish to receive our newsletter, we will need an available email address from you and your personal data. You can cancel your permission to save your data and email address and their use for sending the newsletter at any time without giving reasons.

You are entitled to find out free of charge what personal data we hold about you. If requested to do so we are also obliged to correct, block or delete the data stored about you.

14. Applicable Law, Place of Fulfilment

This business relationship and all legal relationships between our business partners is governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on the International Sale of Goods (CISG).

General Terms and Conditions of Business of MGI MetalGear International GmbH
for Merchants

The following General Terms and Conditions of Business also contain statutory information on your rights pursuant to the regulations on contracts concluded in electronic business transactions.

1. Scope

These business conditions apply to all deliveries by MGI Metal Gear Int. GmbH to merchants, i.e. every natural or legal person or legally competent general partnership engaged in commercial or self-employed activities at the time this contract is concluded.

Our conditions of business apply exclusively; we only recognise conflicting conditions or conditions of the customer that deviate from our conditions of business if we expressly consent to them in writing. Our conditions of business also apply if we carry out the delivery to the customer without any reservation while being aware of any conflicting conditions or conditions of the customer's that deviate from our conditions of business.

These business conditions also apply to all future transactions with the customer if these are legal transactions of a similar nature.

2. Languages

The contract languages are German and English.

3. Offers

The goods displayed for sale in the online shop are subject to alteration without notice and do not constitute legal offers.

Before concluding an agreement it is your obligation to examine whether the goods selected are suitable for your intended use; in particular, you are required to satisfy yourself in respect of the manufacturer, model, year of manufacture and vehicle type and to compare the part to be exchanged with the dimensions and the sketch shown.

The goods offered for sale contain no installation instructions.

4. Concluding Contracts

By clicking the button ["Add to shopping basket"] you put the goods into the virtual shopping basket. This procedure is non-binding and does not constitute a binding offer. Later in the ordering procedure you will be required to log in with your personal customer data and select your preferred payment method.

By clicking the button ["Place your order"] you are making a binding offer to conclude a contract for the purchase of goods. After ordering the goods you will receive an automatically generated email which confirms receipt of the order and which reproduces its details (confirmation of receipt). This confirmation of receipt does not constitute any acceptance of a contract. A contract only comes into being when a confirmation of the order is sent or the goods are shipped.

When placing orders by telephone, you will be asked orally for ordering data; the receipt of the order will then be confirmed by email to your email address. For telephoned orders as well, a contract will not come into being until the order is confirmed or the goods are shipped. The order hotline employees are not authorised to accept contracts.

We are authorised to accept your offer within two weeks.

5. Correcting Computer Entry Errors

Before your order is sent, its contents, including your customer data, are summarised on a summary page. This lets you check all the information you have entered and correct any errors you may have made.

6. Saving and Accessing the Text of the Contract

You can save or print out the provisions of the contract, including these General Terms and Conditions of Business, at any time when the contract is concluded by clicking the [Save] or the [Print] button. You can also print the "Order Confirmation" which appears on your screen after the ordering procedure is complete. Your order data will remain stored and you can call them up in the log-in area at any time. You will also be sent all relevant data of your order by email, which you can also print out.

7. Prices and Conditions of Payment

The prices quoted are net. The statutory value added tax is listed separately. Prices apply ex our warehouse in Hamburg exclusive of shipping costs.

Shipping costs will be charged for separately. You can call up the shipping costs in summarised form at the Shipping Costs link and they will be shown again on the summary page before the order is sended.

You can pay for the goods either in advance by bank transfer, COD or by credit card. Deduction of discount requires a separate written agreement.

Payment in Advance:
When paying in advance we will send you our bank account details with the confirmation of the order. Please pay the purchase price within 14 days. We will deliver the goods together with an invoice after the amount has been credited to our account.

Cash On Delivery:
When paying COD you pay for the goods in cash to the postman or courier in exchange for the goods. In such cases there is an additional charge of xy.00 euros which the courier collects from you.

Credit Card:
When you pay by credit card, the purchase price will be charged to your credit card account.

You may only offset invoice amounts if your counterclaims have been determined in a court of law, are undisputed or have been recognised by us. Further, you may only exercise retention rights if your counterclaim is based on the same contractual relationship.

Please note that import duty and/or taxes may be payable on orders from outside Europe. Please find out from the relevant authorities whether and in what amount duty and/or tax are payable when you import the goods into your country. These costs are not included in the shipping costs.

8. Delivery and Transfer of Risk

The goods are delivered from our warehouse in Hamburg. If they are sent at your wish, risk transfers to you as soon as we have passed them to the freight forwarder or other carrier.

Goods that we do not have in stock will be shipped within three working days. If the delivery deadline cannot be adhered to, we will inform you by email.

We are entitled to make partial deliveries. Partial deliveries made at our initiative will entail no extra shipping charges to you. These will only be charged if the partial delivery is made expressly at your request.

If you fail to accept the goods or breach other obligations to cooperate, we will be entitled to demand compensation for any damages caused, including any extra costs. If the pre-requisites in Section 280, Para. 2 of the German Civil Code have been fulfilled, we may, at our option, claim damages due to delay either at the actual amount or as a lump sum of 25% of the agreed gross price of the goods. You will be permitted to prove that there was any such damage at all, that there was no damage or that it was considerably lower than the lump sum.

9. Installation

Goods delivered by us must be installed out professionally and in line with the guidelines and approvals of the vehicle's manufacturer, preferably by a specialist workshop. Where this condition is not observed, damage to your vehicle may result.

Before installing, adapting or altering the delivered goods you are required as far as possible to examine them to ensure that they are the same as the part to be exchanged.

If the description of the goods shows no General Operating Permit (GOP) for the goods, we draw your express attention to the fact that it is your responsibility to obtain a General Operating Permit, registration or appraisal. Without a GOP or registration you are not permitted to operate the vehicle on the road.

The respective foreign registration regulations are to be observed for goods delivered outside the Federal Republic of Germany.

10. Liability for Defects

The customer's rights arising from defects presuppose that you have duly fulfilled your obligations to investigate and notify the defect(s) pursuant to Section 377 of the German Civil Code.

If the goods are defective, we will, at our option, be entitled to supplementary performance in the form of either repairs or to supply new, fault-free goods. If supplementary performance fails, you will, at your option, be entitled to cancel the contract or demand a price-reduction.

Where defects are repaired, we will bear all expenses required to carry out the repairs, in particular transport, road user charges, labour and materials costs, provided these are not increased by having to carry the goods to another location.

Claims due to defective goods expire 12 months after the goods have been delivered to the customer.

In addition to legislative requirements, the conditions listed in Paragraph 12 apply to compensation claims for defective goods.

Please contact our customer service for help with any defects:

MGI MetalGear Int. GmbH
Handelsvertretung Heiko Karp
Niendorfer Weg 11, 22453 Hamburg
Tel.: +49 (40) 5714-5980
Fax.: +49 (40) 5714-5985
E-Mail: H.Karp@metalgear-shop.com

11. Liability for Damages

We are liable without limitation pursuant to legislative provisions for damage due to wilful intent or gross negligence, including wilful intent or gross negligence on the part of our representatives or agents. If no allegations of wilful breach of contract are made against us, liability for damages will be limited to foreseeable, typically occurring damage.

We are liable without limitation pursuant to legislative provisions if we culpably breach an essential contractual obligation (so-called cardinal obligation); however, in such cases liability will be limited to foreseeable, typically occurring damage.

We are liable without limitation for damage resulting from death, physical injury or harm to human health, including a culpable breach of duty by our legal representatives or agents; this also applies to compulsory liability pursuant to the German Product Liability Act.

Any further liability for damages is excluded, regardless of the legal nature of the claim asserted. This applies in particular to liability claims due to breach of pre-contractual obligations, other breaches of obligation, tortious claims pursuant to Section 823 of the German Civil Code or claims for reimbursement of impossible expenses instead of service.

The above liability exclusions and restrictions do not apply in cases of malice or if we have assumed a guarantee for the inherent nature of the item.

If our liability for damages is excluded or limited, this will also apply with respect to liability for personal liability for damages of our employees, representatives or agents.

12. Right of Retention

We reserve the right of ownership of the purchased item until all payment claims arising from the delivery contract have been received. We are entitled to take back the goods if you act in breach of the contract, in particular if you are in arrears of payment after a subsequent deadline has been set unsuccessfully.

You are required to treat the goods with care. If the goods are attached or otherwise seized by third parties, you are required to inform us in writing immediately. If the third party is not able to reimburse us fort he court and out-of-court costs of a third party debtor action pursuant to Sections 771 of the German Civil Procedures Regulations, you will be liable for this loss to us.

You are entitled to resell reserved goods in the normal course of business. However, you assign to us immediately all claims to the amount of the final invoice amount agreed with us (including VAT) accruing to you from the resale of reserved goods. This assignment applies regardless of whether the reserved goods are sold in processed or unprocessed form. Following assignment you remain authorised to collect the claim; however, we reserve the right to collect the claim ourselves. At the same time, we undertake not to collect the claim as long as you fulfil your payment obligations from the collected proceeds, do not fall into arrears and, in particular, do not apply to open insolvency proceedings or if payments have been suspended.

If you process or reshape the reserved goods, this will always be done for us. In this case your reversionary interest in the processed or reshaped item will continue. If the reserved goods are processed with other items that do not belong to us, we will acquire joint ownership of the new item at the value of the reserved goods (final invoice amount including VAT) in relation to the other processed items at the time of processing. The same applies if the goods are mixed. If the mixing is carried out in such a way that your item is to be regarded as the main item, it is deemed to have been agreed that you transfer joint ownership pro rata to us and store any resulting sole or joint ownership for us.

We undertake to release the securities due to us at your request if their value exceeds by more than 20% the claims to be secured. The choice of the securities to be released will be our responsibility.

13. Data Protection

In processing your personal data we will observe those of your interests worthy of protection as required by law. We collect and process your personal data to process orders and maintain customer relationships. If necessary for order-processing, your data will also be passed on to our sales agency. However, we will never sell or give your data to third parties for other purposes.

Whenever our website is called up, log files information will be stored automatically on our server and which your computer will transmit to us. These are:

• browser type/version
• operating system used
• referrer URL (the previously visited site)
• host name of the accessing computer (IP address)
• time of the server enquiry

The data will not be used to personally identify the visitor to this website. These data will not be combined with other data-sources. Cookies can also be used. These are used to make our offer more user-friendly, effective and secure. Cookies are small text files which are filed on your computer and stored by your browser. Most of the cookies we use are short-term cookies ("session cookies") which are automatically deleted again after the end of your visit.

If you wish to receive our newsletter, we will need your valid email address and your personal data. You can cancel your permission to save your data and email address and their use for sending the newsletter at any time without giving reasons.

You are entitled to find out free of charge what personal data we hold on you. If requested to do so we are also obliged to correct, block or delete the data stored about you.

14. Applicable Law, Place of Fulfilment

This business relationship and all legal relationships between our business partners is governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on the International Sale of Goods (CISG).

If you are a merchant, the place of jurisdiction is Hamburg. Unless otherwise stated in the confirmation of the order, the place of fulfilment is Hamburg.