The following terms and conditions apply to all items on our website surfbox.de and www.box2000.com.

1 Conclusion of the contract

On this portal can be contracted only in German language. Specify a binding offer at the MOBILA Verwaltungs GmbH if you have go through the online ordering process by entering the information there required and in the final step the button click “Send email”. After you have placed your order, we will send you an email confirming the reception of your order and details of which lists (acknowledgement of receipt). This receipt represents no acceptance of your offer, but you should only inform that your order was received. The contract is only concluded with delivery of the goods ordered by you.

2. Identity of the contracting partner

The contract is concluded with the Mobila Verwaltungs GmbH, unless otherwise specified.
Annabergstr. 164, D-45721 Haltern am See
Seat: Haltern am see, Amtsgericht Gelsenkirchen HRB 5976
VAT-ID: DE157955948
Creditor identifier: DE75ZZZ00000192328
Managing Director Dariusz Sterzel, Monika Sterzel

3. Storing of personal data

See privacy statement.

4. area of application

These terms and conditions from Mobila (hereinafter “seller”) apply to all contracts concluded a consumer or contractor (hereinafter referred to as the “customer”) with the seller in respect of the goods represented by the seller and/or services. This inclusion is contradicted by the customer‘s own terms, unless otherwise agreed. A consumer in the sense of these general terms and conditions is every natural person who concludes a legal transaction for a purpose which can be attributed neither to their commercial nor their self-employed activity. An entrepreneur in the sense of these general terms and conditions is any natural or legal person or a legal person society, which is a legal transaction in the exercise of their independent professional or commercial activity.

5. Conclusion of the contract

On the seller’s website contained illustrations represent no binding offers on the part of the seller, they serve to make of a binding offer by the customer. The customer can submit by phone, in writing, the offer by fax, by E-Mail, or using the online order form of the seller. When placing an order via the online order form, the customer enters after entering his/her personal data and by clicking the button “Send E-Mail” in the final step of the ordering process from a legally binding contract in relation to the goods specified in the order.
The seller can offer of the customer a written (letter) or electronically transmitted order confirmation (fax or E-Mail) or by delivery of the goods within five days from accepting. The seller is entitled to refuse the acceptance of the order.
The order processing and contact held usually by email and automated order processing. The customer has to make sure that the E-Mail address indicated for order processing is true, so that the E-Mails sanded by the seller can be received at this address. In particular, the customer with the use of SPAM filters has to ensure that all of the seller or that third party responsible for the processing of orders sent mails can be delivered.

6 Return costs when exercising the right of withdrawal

You bear the direct cost of returning the goods. The costs for the return of the non-package shipping enabled goods (roof boxes), which are picked up by forwarding, are the same ones that you pay for the freight to you. Package-ready goods such as spare parts or roof rack return cost of 15.00 EUR in Germany (plus another 15,00 EUR from abroad) or arrange a free return, at your expense.

7 Right of revocation

You have the right to cancel this contract within 14 days without giving reasons. The revocation period is fourteen days from the date on which you or a third party nominated by you, which is not the carrier, have taken the goods in possession. Be ordered number of goods in the framework of a single order, and these are delivered separately, the period of fourteen days from the date on which you or a third party nominated by you, who is not a carrier, have made the last goods owned. A single order but not already exists, if you have ordered several products at the same time. Each product must be related to each other. Delivered goods in several partial shipments or pieces, is the period of fourteen days from the date on which you or a third party nominated by you, who is not a carrier, took the last broadcast of part of or the last piece of property or has. To exercise your right of withdrawal, to us,
Mobila Verwaltungs GmbH,
Annabergstr. 164
D 45721 Haltern am see
Tel: 0049 2364 6142
Fax: 0049 2364 69493,.
Email: info@surfbox.de
using a unique statement (for example, a letter sent by mail, fax, E-Mail) of your decision to cancel this contract, inform. You can use a sample cancellation form, which is however not required. You can electronically fill out the sample cancellation form, or an other clear explanation on our Web page surfbox.de and submit. Make use of this possibility, so we will send you a confirmation of the receipt of such revocation immediately (e.g. by EMail).
Special notes
Your right of withdrawal expires prematurely if the contract by both parties at your explicit request is complete before you have exercised your right of revocation.
If you are an entrepreneur within the meaning of § 14 of the civil code (BGB) and act at the conclusion of the Treaty in the exercise of your commercial or self-employed activity, the right of withdrawal does not exist.
Consequences of revocation
In the event that you revoke from the contract, we have to refund all payments which we have received from you including the delivery costs (except for additional costs arising from your choice of a different type delivery than the affordable standard delivery which we offer), immediately, not later than within fourteen days from day on which your notification of cancellation of this contract has been received by us. We use the same means of payment that you used for the original transaction, unless something expressly different has been agreed upon with you; you will never be charged a fee for this refund. We can refuse the refund until we have received the returned goods or until you have furnished proof that you have sent the goods back to us, depending on whichever takes place first. You must return or transfer the goods to us immediately, within fourteen days of the day on which you have notified us of the cancellation of this contract. The period has been observed if you send the goods prior to the lapse of the fourteen day period. You have to bear the costs of returning the goods. For roof boxes, this is the same price as you paid for freight; for spare parts and other accessory the return costs are 15 EUR in Germany (plus another 15 EUR from abroad) or arrange a free return at your expense. You are only responsible for covering any loss in value of the goods if this loss in value is based on unnecessary handling of the goods in order to inspect the characteristics, properties and function of the goods.

8 Prices and deliveries, invoice, payment options

All prices are in EURO, include VAT of currently 19% and are exclusive of shipping costs. The price at the time of the order is valid. Delivery takes place within Europe. Delivery times and shipping costs abroad differ from the German, and can be obtained by phone if not specified. Already, you can specify a delivery date when ordering. If we receive your order up to 11 hours on a business day, the seller can deliver within 2 working days in Germany. An express delivery on the next business day is an additional fee of 30 EUR within Germany. If a product is not  in stock, you immediately receive a written information or by phone about the new delivery date. Of course, in this case, you have the opportunity to cancel the order if you cannot accept the later delivery date.
For deliveries within Germany, the seller offers the following payment options:
SEPA direct debit
Cash on delivery (+ 25,00 EUR forwarding expenses)
Cash in advance
– Cash/EC- card for pickup at factory
PAYPAL free of charge for paypal accounts in the European Monetary Union. Customers using a foreign paypal account outside the EU Monetary Union may incur 4.9% (exchange fee) of the invoice amount, which we have to recalculate for technical reasons.
The seller offers following payment for deliveries abroad:
–  Cash in advance
–  PAYPAL free of charge except for paypal accounts in the European Monetary Union. Customers using a foreign paypal account outside the EU Monetary Union may incur 4.9% (exchange fee) of the invoice amount, which we have to recalculate for technical reasons.
For deliveries to countries outside the EU (E.g. Switzerland), more charges may apply in the particular case that the seller is not responsible and which are by the customers. These include, for example, costs for the money transfer by credit institutions (such as transfer fees, exchange fees) or legal import duties or taxes (E.g., tariffs).
In SEPA (only for German accounts) direct debit payment, the seller will catch up a standardized economic information.
You will receive an invoice including value added tax  or tax-free overseas shipments (outside the EU) or upon invoicing with VAT number. The original invoice is on the packaging in a red envelope. A copy will be sent by mail after order processing.

9 Shipping

At surfbox.de or box2000.com, you usually pay for shipping and packaging  to  Germany: 35,00 EUR for roof boxes up to 230 cm, 75,00 EUR for all other roof boxes/surf boxes except JUMBO. These loads and also overseas freight are specified in the ordering process. On the website the freight “Shipping costs” can be seen beforehand. Hereby, the freight and packing costs are only partially covered, the seller does the rest. The shipping of spare parts and accessories will be charged with per shipment currently 6.90 EUR in Germany.
The receiver (customer) of the roof box must check the packaging upon delivery. Should the carton be damaged, the shipper must confirm in writing packaging damaged“.  The best way is to make a photo. The freight forwarder is liable only if the cardboard is checked properly when received. Should this be damaged, the confirmation of the forwarder is enough. Goods can be unpacked later. Turns out within three days, that the goods are defective, customer has to send immediately to MOBILA (under info@surfbox.de) or fax to 0049-2364-69493 a photo of the box and of the damaged carton.
The commercial customer (employer) bears the risk of loss or damage to the goods as soon as the seller has handed over the goods to the transport company.

10 Warranty

(1) Should supplied items have obvious material or manufacturing defects, including transport damage, so  send immediately complaint about such errors to the seller. However, the failure to comply with this complaint has no consequences for your statutory rights. The statutory claims shall apply for all occurring during the legal warranty period of 2 years defects of the goods according to their choice. For commercial customers, the warranty / guarantee concerning new goods is limited to one year. For  special or used goods, the warranty or guarantee is omitted fundamentally.

(2) The Mobila GmbH assumes for all roof boxes, which are marketed by MOBILA under the name SURF LINE BOX or Box.2000, a guarantee (guarantee) of 5 years on materials and workmanship compared to the registered in the account buyer (first time buyers) from date of purchase. MOBILA accepts during the warranty period defects in materials and workmanship, either by repairing the damaged parts or replaced (depends on the assessment of MOBILA from), without calculating the costs incurred to the first purchaser. The exclusions listed below must be observed. The first buyer has to bear the costs incurred for the return of the product cost. For the processing of the damage the original invoice is submitted.
(3) The guarantee will not apply to damage caused outside the influence of MOBILA; this includes, inter alia, misuse of the product, overloading or assembly and use not in accordance with the MOBILA assembly instructions, guidelines and safety requirements. The warranty does not interfere with damage caused by accidents, storm damage, unlawful use of the vehicle or by existing damage on the vehicle to which the MOBILA roof box was mounted, arise. Excluded are damages due to incorrect installation of the previously assembled roof carrier. MOBILA is not liable for damage caused by improper securing of the load, that is, are different as recommended by MOBILA, emerged. During the warranty period, the original purchaser is entitled to repair or replacement of damaged MOBILA product. All subsequent and additional damage is excluded from this warranty. Damage to the vehicle, to the cargo or other people and assets are also excluded from this warranty. Any use and installation of the roof box on your vehicle in strong winds at your own risk.(4) The above provisions restrict neither the rights of the original purchaser in accordance with the relevant statutory provisions, nor does it affect the rights against MOBILA which the purchase agreement was concluded. This is especially true for warranty claims which remain at large.

(5) The rights in case of defects of the goods shall be governed by the statutory provisions.

(6) Claims of entrepreneurs who are merchants within the meaning of the HGB put forward that these are their due under § 377 HGB inspection and complaint complied with properly in writing within 14 calendar days of receipt of goods. This notification obligation does not apply to customers who are consumers as defined in § 13 BGB.

(7) The period of limitation of entrepreneurs is 12 months for new goods, calculated from transfer of risk to the contractor; for used or  special goods (Sonderposten)  warranty for entrepreneurs is excluded. This shortening of the warranty obligation does not apply to customers who are consumers as defined in § 13 BGB.

11 Reservation of title

On all products delivered by us, we reserve the property until all of our claims against you or the recipient of the goods, are met. This concerns also future emerging demands. To assert of our retention of title, we are entitled to demand the immediate publication of the article, to the exclusion of any right of retention. Legally established or undisputed counter claims are excluded.

12 Payments, due dates, default of payment

The goods are optionally specified as explained under point 8. If you defaulted on your payments, so we reserve the right to charge you fees charged. Advance payment is agreed upon, payment is due within one week of order, in each case prior to delivery. If you select of the payment method direct debit and bank account data of the customer, the seller is authorized revocably to collect the invoice amount from the customer‘s specified account. The debit takes place one week after delivery to the customer. The direct debit due to lack of sufficient funds or due to indicating a false bank account if not redeemed or debit the customer objects, even though he is not entitled to do this, the customer has to bear the costs incurred by the reversal of the credit institution, if he has to represent this.
The SEPA direct debit mandate reference and the creditor identification number is communicated to the customer directly with the order confirmation.
In addition, the customer has the possibility to visit the goods directly from the seller on the spot, to buy and to take. In this case, the purchase is not covered by the distance selling Act.
Special orders are payable in advance and excluded from the Exchange.

 

13. Liability for defects of our Internet pages

We cannot guarantee that our website meet your requirements and are at all times, uninterrupted, timely, secure and error-free at your service. You use these sites at your own risk. We do not assume any liability as to the results that can be achieved through the use of the website, and nor for the accuracy of the information presented.

14 Protection of intellectual property

All displayed information, photos, videos, drawings, sounds, etc., as well as their arrangement on our Internet pages are subject to the protection of the law on copyright and other protection laws. The contents of these Internet pages may not be copied, reproduced, modified, or reposted to other sites. We publish include images which are subject to third party copyright. Unless otherwise noted, all published trademarks are protected by trademark law. We grant no license to the use of our intellectual property rights or the third party.

15. Governing law

It is solely the law of the Federal Republic of Germany. The uniform UN purchasing law (Convention on contracts for the international sale of article v. waived) and whose application is expressly excluded.
Court of jurisdiction and place of performance for all disputes arising from the contractual relationship between the customer and the Mobila GmbH is the seats of the seller, unless the customer is a merchant, a legal person of under public law or a special fund under.

16 Information requirements

During the ordering process, you make your personal details that are stored and made available to third party by us.

17 Contact

We are available (by phone) for you from Monday to Saturday from 820 h. We ask any questions or complaints to be addressed at
by E-Mail: info@surfbox.de or by fax to 0049(0)2364 69493
by telephone to the ordering service Mobila 0049 (0) 2364 6142 or writing to Mobila Verwaltungs GmbH, Annabergstr. 164, D 45721 Haltern am See.

18 Orders from non EU countries such as Switzerland

The ordering is required to be paid in the country of destination of the accruing turnover tax on imports.

19 Dispute Resolution in matters of consumer

1) Disputes with EU-wide online shopping can be easily solved in the future. For this, the EU adopted Directive 2013/11 / EU  concerning alternative dispute resolution in consumer affairs and  a corresponding Ordinance (Art. 14 of the ODR Regulation No. 524/2013).

The European Commission provides a platform for online dispute resolution (OS) which can be assessed at http://ec.europa.eu/consumers/odr/

(2) We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.