1.1 We, MPB GmbH, Bülowstraße 56/57, 10783 Berlin, Federal Republic of Germany, registered at the Local Court (Amtsgericht) of Charlottenburg (Berlin), commercial register number: HRB 232718, email address: [email protected] ("we" or "us") operate an online platform for used photo and video cameras including accessories (“Products”).
1.2 These General Terms and Conditions ( "Agreement") govern all contracts concluded via the https://www.mpb.com/en-ie online platform (“Platform”) between us and you as the customer ("Customer", "you") for (i) your purchase of Products that we offer to our customers on the Platform ("buy”, “buying”, “bought” “purchase”)); (ii) your offer to sell your Products to us ( "sale”, “sell”, “selling”); (iii) the trade of Products, i.e. a combination of a sale to us by you in exchange for your buying from us which includes financial compensation in the event of a difference in value of the Products ("trade"), and the use of Platform by you. Unless expressly regulated otherwise, this agreement applies equally to consumers and traders. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his/her trade, business or profession (Section 13 German Civil Code – BGB). A trader is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 BGB).
1.3 Our Platform is exclusively aimed at Customers who have reached the age of 18 years and have unlimited legal capacity.
1.4 When making a sale, purchase or trade, you accept and agree to be bound by this Agreement. All agreements made between you and us in connection with the sale, purchase or trade of Product shall be governed by this Agreement as it stands at the time of the sale, purchase or trade. Customer access to Platform is also governed by the Privacy Policy and Cookie Policy (available on the Platform) which is part of this Agreement.
1.5 This Agreement shall apply exclusively, save as varied by express agreement accepted in writing by MPB and the Customer. We do not accept deviating conditions requested by the Customer unless we consent in writing. This also applies if we do not expressly object to the inclusion of such conditions.
1.6 This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
2.1 You may use the Platform either after registering for a user account or without such registration.
2.2 If you opt to register a user account, you are obliged
2.2.1 to provide correct and complete information requested during registration, and
2.2.2 to maintain and update such data so that it remains complete and accurate; and
2.2.3 keep your password secret and carefully secure the access to your user account
2.3 The registration of a user account for a legal entity or partnership may only be carried out by an authorised natural person who must be identified by name.
2.4 We reserve the right to suspend or terminate a user account at any time if we have reason to believe that this information is incomplete or incorrect and/or we deem that your account is being used for purposes other than what it was intended to be used for.
2.5 Your user account is not transferable.
3.1 Product description
3.1.1 The Products offered by us are used products, unless otherwise expressly stated in the respective product description. Used Products may show signs of wear and tear, soiling resulting from previous use, defects or functional restrictions that do not or only slightly restrict normal use, and similar restrictions typical for used Products. This is stated in our cosmetic condition descriptions; please read our cosmetic condition description carefully to avoid misunderstandings. We would also like to point out that used Products are typically subject to greater wear and tear than new Products and therefore have a lower overall "remaining life expectancy" than new Products of approximately the same type; this applies in particular, but not only, to mechanical components, batteries and accumulators, certain electronic components and parts. You expressly accept that, in the case of Products with digital elements, it may be necessary to install updates, including security updates, for their use, with respect to which MPB is responsible and declines any responsibility.
3.1.2 It is our priority that the visual representations of the products displayed on the Platform are faithful reproductions of the original Products. However, as we do not have full control over the colour reproduction properties of the hardware and software you use to view our Platform, we cannot be held responsible for inaccuracies of the photographs shown on the Platform.
3.1.3 Customers who have questions or need advice on the products and their use can contact our customer experience team at [email protected].
3.2 Product availability
3.2.1 We sell the Products which are displayed on the Platform at the moment you access the Platform, subject to availability.
3.2.2 We will report on the Platform in the product detail, or at the time you place your order, any permanent or temporary unavailability of our Products.
3.2.3 If — despite our vigilance — an ordered Product is not available at the time of ordering, you will be informed of this by email as soon as possible. This notification can be made at any time between the acceptance of the order and its delivery.
3.2.3.1 With regard to Products that have already been ordered but are not available, you have the right:
(i) either to receive the available Products later, as soon as they are available
(ii) or to request reimbursement of the full value of the unavailable Products.
3.2.3.2 If the means of payment used by you has already been debited at the time of cancellation, we refund the full value of the unavailable Products as soon as possible directly to the bank account/credit card used for payment.
3.2.4 We reserve the right to change or stop selling the products on the Platform at any time, and these changes will not affect orders that we have previously accepted.
This Clause 4 shall apply where you buy a Product from MPB. The provisions for selling your Product to MPB and/or the sell side of trading with MPB can be found in clause 7.
4.1 Placing an order
4.1.1 The presentation of Product in our Platform does not constitute a binding offer to conclude a sales contract.
4.1.2 You can select Product from our assortment, in particular cameras and camera accessories, and collect them in the shopping “basket” by clicking on the button "Add to basket". Your shopping “basket" will then be displayed in the top right-hand corner of the screen and will list all Products so far being part of the order, the individual and total sum of the products (excluding shipping costs) as well as the product name, image and cosmetic condition of each item in the basket. You can select other Products by continuing to browse the Platform. At this stage, you can change the quantity of a Product or delete it from the shopping basket. To remove an item from the shopping basket, you must click on the button marked “edit basket” below the product image. To remove the item click on the image of the dustbin and respond “Yes” if you wish to remove the item from the basket. The total value of the shopping cart will then be automatically recalculated.
4.1.3 You may change, cancel or add Products to your order at any time during the order process up until you confirm the order and pay in accordance with the terms of this clause 4.1 and clause 6.
4.1.4 You can access further details by clicking on "Checkout now" in the "Shopping basket". The "Your Basket" page will then appear on the screen and show all the products selected, with their picture, name and cosmetic condition, as well as the total price to be paid for the order and an estimate of the shipping costs (which will be confirmed in the next step of the order, depending on the country of delivery).
4.1.5 After you have completed the selection of products, you can order them in the shopping basket by clicking on the "Checkout now" button. At this point, a new page will be displayed where you can log into your account or continue as a guest.
4.1.6 You must enter the delivery address in the displayed form. In particular, you must provide an address to which delivery can be made during working hours, Monday to Friday, and your full name and email address.
4.1.7 In the next step (click "Next") you can select a shipping method. The shipping costs and estimated shipping time will be displayed to help you make your choice.
4.1.8 If you would like to take extended product protection, information is provided at this stage of the process. See also clause 11.10.
4.1.9 After filling in the form, you must click on the "Next" button and you will be directed to the order overview. If you have a promotion code, you should enter it at this stage (before payment) in the "Discount code" field located at the bottom of the shopping basket and at the bottom of the checkout page. Once you have clicked on "Apply Discount", the corresponding discount will automatically be displayed in your shopping cart.
4.1.10 The next step is to select a payment method and provide your bank or payment details. A summary of the order will be displayed above the payment selection screen, which will contain all information about the order, including the type, cosmetic condition and price of the Products, the total amount payable for the order (including shipping costs and duration), your contact details and the delivery address.
4.1.11 After checking the status of your order, you will be prompted
(i) to pay for your order in accordance with the provisions of clause 6 of this Agreement; or
(ii) to change the characteristics of your order and/or contact details by clicking on the "Continue shopping" button at the top of the order summary or by clicking on the MPB logo at the top of the Platform
4.1.12 Once you have accepted this Agreement and click the "Buy" button, the order confirmation page will appear. The information we collect will be used as evidence of all transactions made by us and you and for the execution of your purchase.
4.1.13 Once this step has been confirmed, you cannot make any changes to your order (such as the delivery address) so our customer experience team can guide you if changes are required. You also may not cancel your order. The purchase is binding (subject to your right of cancellation under clause 9 of this Agreement).
4.2 Order confirmation
4.2.1 As soon as the order has been confirmed by you and payment has been approved in accordance with the procedures set out in clause 6, we will confirm receipt of the offer or order by an automated email (order confirmation) which will again list your order. The order confirmation will contain the following information:
(i) the Transaction ID reference number that we assigned to you when you placed your order;
(ii) the order summary (identification of the product(s) ordered, quantity and price);
(iii) the total value of the order, including all taxes
(iv) the shipping delivery costs;
(v) the shipping procedure for the product(s) ordered (shipping method).
4.2.2 The order confirmation does not constitute a binding acceptance of the offer or the order by us. The order shall be deemed to have been accepted by us either by the subsequent (email) acceptance of the order or by the dispatch of the Products if the acceptance email is not received. The contract for the purchase of the Products by you is entered into between us when we confirm acceptance by email or dispatch of the Product, if the acceptance email is not received.
4.2.3 Customers who require information on the status of their orders should log into their user account to track their order status or, in the event of a problem, contact our customer experience team at [email protected].
4.2.4 Sometimes we have to reject an order, for example, because a Product is unexpectedly out of stock, or because you are located outside of our delivery areas, or because the Product was mispriced by us in error. In the unlikely event that this happens, we let you know as soon as possible and refund any sums you have paid.
4.3 Proof of order
4.3.1 Customers are advised to print out their order confirmation and keep it for their records.
4.3.2 In general, we recommend that customers keep a copy of all emails relating to their orders. Emails are sent to the email address provided by the Customer.
4.3.3 In addition, we will retain information regarding each order until the end of the relevant commercial and fiscal retention period, such information being made available to the Customer upon receipt of a request from the Customer sent to [email protected].
4.4 Transfer of Risk, Retention of title
The risk of accidental destruction, damage or loss of the delivered product is transferred to the Customer when the Product has been delivered to the Customer or a third party designated by the Customer under clause 8. The risk of accidental destruction, damage or loss of the delivered Product is transferred to a business trader when the product is handed over to the shipping service provider or when the business trader is in default of acceptance Notwithstanding delivery and the passing of risk, ownership of the ordered products shall pass to You upon full payment of all amounts payable in respect of the products, including any shipping costs. Until such time as ownership of the Products passes to the Customer, the Customer shall hold the Products as fiduciary agent for MPB and shall keep the Products properly stored and protected.
5.1 All prices stated on our Platform are fixed prices in euro. The prices include any applicable VAT.
5.2 The shipping costs are listed separately in the shopping basket and are shown on the order summary before your final approval of the purchase. In the event that additional customs duty is payable on a delivery because you are located outside of the EU, you will be responsible for this payment.
5.3 The total price stated in the order overview and in the order confirmation includes all costs invoiced to you, including all taxes and shipping costs. It does not include any applicable customs duties if you live outside the EU.
5.4 The prices shown on our Platform during the ordering process are binding on you for the respective transaction. In all other respects, the prices quoted are not binding and may be changed by us at any time.
5.5 The invoiced prices are usually checked in the order confirmation. In the event of an error in the price quotation for the Products at the time of ordering, we will contact you and ask you whether you wish to place a new binding order based on the correct price. If you then place a new order based on the correct price, the order will be deemed to have been accepted by MPB either upon subsequent (email) acceptance of the order or upon dispatch of the Product whichever is later. The purchase agreement with you is only concluded when MPB accepts this new order.
5.6 If you are a business customer please note that most used products are sold on the VAT margin scheme such that there is no VAT applicable to be reclaimed.
6.1 Payment must be made immediately in euro at the time of ordering on the Platform though only pre-authorisation of funds is made at this stage. Such payment may be made by all major credit cards (such as Visa, MasterCard) or by PayPal, Apple Pay or Google Pay. Funds will be taken on dispatch of the Product(s).
6.2 All credit cards issued by banks based outside Germany must be international credit cards. In this respect, you undertake to pay only with credit cards which You personally hold and which bear Your name (first and last name).
6.3 If You use a credit card of an account linked to a currency other than euro, Your bank may charge currency conversion costs and bank charges, which shall be borne in full by you. Should you decide to return the Products, these costs will not be reimbursed.
6.4 You hereby guarantee to MPB that at the time of confirmation of your order, you have all the necessary authorisations to use the method of payment chosen by you.
6.5 An order will not be dispatched to you until it has been fully paid for. MPB retains the right to cancel an order within three (3) days if payment is not made in full of which you will be informed by email.
6.6 The Order will be processed in accordance with all applicable bank security standards. To ensure the security of payments by credit card on the Platform, you must provide MPB with the security code (CVV) indicated on the back of the credit card used to pay for the Order for anti-fraud verification purposes. Your credit card will be debited once it has been verified that your order meets all the conditions of this agreement and that the ordered Product are available at the time of shipment.
6.7 As part of the ongoing fight against fraud online, information about a Customer's order may be transmitted to a third party who is authorised by law to verify your identity, the validity of the order, the payment method used and the planned delivery which you agree to supply to facilitate completion of the order. Please also refer to the Privacy Policy in which the Customer expressly authorises the processing of his/her personal data for the aforementioned purposes. Please note:
6.7.1 For this purpose, we reserve the right to request further information. Please see our Privacy Policy.
6.7.2 If you do not respond to our request for additional information within three (3) days, the order will be cancelled immediately for reason of suspicion and any amount already paid will be refunded to the debited bank account as soon as possible.
6.8 Should you decide to return the Products, MPB will not reimburse you for any tax, import duty, customs duty and/or other charges associated with the import of the Products. Certain countries allow for the reimbursement of customs duties on items that are later returned. Please get in touch with your local authorities for further details or get in touch with the courier handling your shipment.
This Clause 7 shall apply to the conclusion of the contract in the case that we purchase or exchange goods. The provisions for the conclusion of a contract for the sale of goods can be found in clause 4.
This clause 7 shall apply where you sell your Products to MPB and/or trade with us. The provisions set out in this clause 7 apply to the sale side of your trade with us. Where you buy from us as part of your trade the buy provisions of clause 4 apply to that part of the trade.
7.1 General conditions for your sale to MPB and the sell side of your trade with us
7.1.1 You can offer to sell us your used Product, which are currently included in the range of Products on our Platform. We will also, if possible, give you a quote on Products not currently included in our range of Products. We will tell you if this is not possible.
7.1.2 The following conditions apply to any sale to MPB including where the sale is part of a trade:
7.1.2.1 You must be the rightful owner of the Product offered and have the right to offer the Products for sale or as part of a trade.
7.1.2.2 You are responsible for ensuring that all Products you offer have been legally imported into the European Union. If you are the first purchaser of the Product, we may require you to provide a VAT receipt as proof of the first purchase. If you are the second purchaser of the Product, we reserve the right to request further information.
7.1.3 We are not obliged to accept Product from our customers, but are entitled to refuse to conclude a contract. This also applies even after the Product offered to us for sale by you or as part of a trade have been sent to us for inspection. After conclusion of the contract in accordance with this clause 7 and payment or performance of the contract, ownership of the Product is irrevocably transferred to MPB with immediate effect.
7.2 Requesting a Quote when selling to MPB
7.2.1. Click on the “Start Selling/Trading” or "Sell/Trade" menu item on the Platform homepage and complete the quote form to provide us with information about the Products which you would like to sell so that we can make you an offer in respect of these Products. You should provide us with information about the item in question (type, brand, model) and confirm the cosmetic condition of the item. There is cosmetic condition guidance to help you specify the cosmetic condition of your Products. Your description of the brand, model and cosmetic condition should correspond to the Product you are offering at the time of the offer. We will use the cosmetic conditions below as the basis of our initial valuation. Please note that our valuation may be adjusted following physical inspection of the item as set out in clause 7.5.
7.2.2 MPB’s five cosmetic conditions
Like new: As if your item(s) were brand new out of the box. Little to no sign of wear to the body or casing. Minimal or no dust, marks, or paint defects are present.
Excellent: Minor signs of wear to the body or casing. Light dust, marks, and paint defects may be present.
Good: Noticeable signs of wear to rubber grips, ports or other components. Dust, marks, and paint defects may be present.
Well used: Distinct signs of wear and light scuffs to rubber grips, ports or other components. Considerable dust, marks, and paint defects may be present.
Heavily used: Significant signs of wear, heavy marks, or scuffs to rubber grips, ports, or other components. Heavy dust, marks, and paint defects may be present.
7.2.3 The cosmetic condition of the Product specified by you when transmitting the item information and requesting an evaluation will have a direct effect on the price we quote in the evaluation. The quote may be adjusted following the physical inspection of your item as set out in Clause 7.5.
7.2.4 If you include any original manufacturer accessories which originally came with your item (such as a battery, charging cable, original packaging or similar accessories) then these will be included in your quote. If you include additional (non-original) accessories in your package, you should list these as separate items when completing your quote form. If you do not separately list the non-original accessories then MPB will assume that you meant to include them, that you ascribe no value to them and that you want to include them as part of the sale of your Product to MPB. If you forget to include an accessory with your Product we will have to reduce the quote accordingly following physical inspection. We will not accept or process forgotten accessories, which are sent in separately by you, and we cannot be responsible for further shipping costs if you send the missing or forgotten accessory in separately.
7.3 Confirmation of receipt of the Product information and generation of the quote
7.3.1 Once you have entered all the items to be evaluated using the quote form, you can submit this information to us for evaluation by clicking on the "Get Instant Quote" button. You must also provide your full name and an email address (you may optionally provide your telephone number) so that we can contact you regarding your sale of the items.
7.3.2 We will confirm receipt of the Product information by means of an automated email. This email will contain the initial evaluation of the Product with regard to the possible price which we may offer you. It will include a Transaction ID reference number which you should quote when corresponding with us.
7.3.3 Such an email quote is not a binding offer by us. If you agree with our initial evaluation of the items, the Products can go through our inspection process.
7.4 Delivery of your Product when Selling to MPB
7.4.1 In the case of a sale to MPB or a sale to MPB as part of a trade, we will arrange either for a courier to be commissioned to collect the Products from your home (or preferred) address or you may choose to deliver the item(s) yourself to our shipping company's nominated collection point. Customers within the EU are eligible for our courier service which is free for sales to MPB or a sale to MPB as part of a trade.
7.4.2 MPB accepts no liability for damage or loss of items sent to us by an alternative postal or courier service which has not been nominated by MPB. Customers wishing to send items themselves are recommended to use an insured and trackable reputable delivery service and to retain proof of postage but do so entirely at their own risk.
7.4.3 All collections will be booked for only one box unless otherwise specified by you. If your Products require more than one box or package, you are required to inform us before the courier is booked.
7.4.4 You must ensure that the appropriate details, including your Transaction ID reference number and the correct transaction and courier labels supplied by MPB are displayed clearly on the package. Any failure to do so may result in delays or errors when processing your items and may result in your Product being rejected. MPB accepts no liability for damage or loss of items sent to us that have not been properly labelled
7.4.5 If your Products are not collected due to an error by MPB or the courier, we will arrange an alternative collection date free of charge.
7.4.6 If the Product cannot be collected due to a reason connected with you, such as because no-one can be reached at the address provided, incorrect address details have been provided or you are otherwise responsible for the failed collection, an additional fee of €10 will be charged for a new collection.
7.4.7 In the event that you are selling your Product to us as part of a trade, we will not reserve Products which you wish to buy from us in accordance with clause 3 until your courier has been booked. We reserve the right to cancel the reservation of the Product that you want to buy from us in the event that the Product that you propose to sell to us has not been collected within 14 days of you making the original courier booking.
7.4.8 When handing over a package to the courier, you should ensure that there is authorised proof of collection in the form of a printed courier collection slip, or proof via the electronic courier tracking system that a package has been collected. Handwritten confirmation of collection from the courier will not be considered proof of collection, so you should not hand over a package(s) unless the courier is able to scan the package(s) and provide a printed collection slip.
7.4.9 MPB cannot be held liable if courier tracking shows that nothing was collected from the address and no authorised proof of collection can be provided for the package(s).
7.4.10 Loss or Damage in Transit
(i) Where you have used the MPB approved courier service and in the unlikely event that your package is lost or damaged in transit to MPB then you must notify MPB within 10 calendar days from the date of dispatch so that MPB can open an investigation into the circumstances. You will supply MPB with such information as MPB may reasonably request in order for MPB to be satisfied that there is a legitimate claim. MPB will only consider a claim for loss or damage in transit if the following conditions are met: (i) The item was received by the MPB courier into the tracked courier service system and marked within that as “collected” or similar authorised proof of collection. If you drop off the Products at a MPB approved courier drop off shop you should ask for a receipt as proof of drop off. You should provide MPB with a copy of this evidence if requested; (ii) You supply verified evidence of your address and identity; (iii) Evidence of your ownership of the item such as a copy of the original invoice. We may also ask you for a copy of photographs taken for quality purposes and evidence of cosmetic condition; (iv) You have complied with MPB processes as set out in this Agreement and/or as directed by MPB including but not limited to the requirement to correctly label your delivery items; and (v) Such other information and evidence as MPB may reasonably require.
(ii) A full investigation by MPB may take up to 30 days to conclude provided that you supply all of the information requested. The 30 day period commences on the date that full information has been supplied. MPB will notify you if there is some extraordinary reason why the investigation may take longer than 30 days.
(iii) As part of the ongoing fight against fraud online, information about a Customer's transaction may be transmitted to a third party who is authorised by law to verify your identity, the validity of your ownership of the item and the planned delivery, which you agree to supply to facilitate the investigation.
(iv) If the loss or damage is covered by any available insurance MPB will notify you.
(v) The determination of the outcome of an investigation under this Clause 7.4.10 by MPB is final.
(vi) The maximum sum available in the event of a successful claim will be the quoted value. No other valuations will be accepted other than that of MPB for these purposes.
(vii) MPB will not be liable for any consequential or indirect losses arising in connection with any claim.
(viii) Any additional items included by you for purchase or exchange which are not described in the quote associated with the transaction are sent at your own risk.
7.4.11 Please ensure that all Products are fully and carefully packaged for reasonable impact and movement during transit. Failure to package Products in a suitable manner may affect any insurance claim for damage to Products during transit. MPB will not be responsible for any damage incurred during transit as a direct result of insufficient packaging.
7.4.12 To make a claim for a lost or damaged Product under this clause 7, please contact MPB directly at [email protected]. All claims will be fully investigated by MPB and will be handled by the internal security team. MPB reserves the right to reject any claim in its absolute discretion based on the results of the internal investigation, the content of which will be briefly communicated to you.
7.4.13 MPB reserves the right to reject a parcel at the point of delivery to MPB if there is not a valid transaction label attached. Where a delivery to MPB includes several items then the transaction label for each item should be included with the package. MPB accepts no liability for any package lost or damaged without a valid label.
7.4.14 You shall not require MPB nor our nominated courier to carry or convey anything if such carriage or conveyance would be unlawful. MPB and our nominated courier will not carry any products that are not previously agreed for sale with or purchase by MPB and which are not included on the quote for the transaction. Should you nevertheless deliver Products that MPB does not accept for carriage, you shall be liable for any and all loss or damage caused by, or in connection with, the Products, however arising, and shall indemnify MPB against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith. The Products may be destroyed or otherwise dealt with at the sole discretion of MPB, our nominated courier or by any other person in whose custody they may be at the relevant time.
7.5 Product review process
7.5.1 On receipt of the Product, we will carry out a detailed check of the items which you have sent to us so we can be satisfied that the Product matches the description that you have provided particularly in relation to cosmetic condition.
7.5.2 As part of the detailed check of the Product, we reserve the right to carry out the following:
(i) Removal of stickers, personal dedications or addresses;
(ii) Removal of packaging, especially if soiled or damaged or where it is not the original packaging for the item;
(iii) Removal of lens coats and/or filters;
(iv) Removal of any third party accessories such as collars and hoods that MPB is unable to list with the Product;
(v) Removal of protective films, covers, screen protectors;
(vi) Opening of wrapped or packaged products and accessories for testing purposes;
(vii) Removal of peripheral items such as memory cards and filters if these are not a model that MPB is able to make an offer on;
(viii) Removal of any dirt;
(ix) Removal of packing materials;
(x) Disposal of damaged, swollen, non-functional batteries or batteries with reduced recharge capacity;
(xi) Disposal of damaged cables and/or chargers;
(xii) Disposal of any other accessories that are so damaged that MPB judges that they are not fit for sale;
(xiii) Attaching a removable sticker or safety labels to relevant places; or
(iv) Similar activities as part of the checking process
These minor changes will not be reversed in the event that a sale is not completed and we return the Product to you.
7.5.3 In the event that a sale is not completed, items removed in accordance with clause 7.5.2 above will be deemed to be abandoned and we reserve the right not to return to you any item (as described in clause 7.2.4 above) which is not listed separately in your quote and MPB may dispose of such items as it sees fit such as recycling the items or donating them to charity.
7.5.4 If following the detailed check, we find that the Products match the cosmetic condition detailed in the quote and no adjustments are required, we will send you a new email to confirm our original evaluation. The Sale shall be deemed to be completed upon confirmation of the initial valuation by MPB, and thus with the sending of the relevant confirmation email by MPB to you. The ownership of the Product is transferred from you to MPB only upon payment of the price by MPB to you, in accordance with the provisions of Article 14.1 below.
7.5.5 If we discover on receipt of the Products as part of the physical inspection that the actual cosmetic condition of the Products differs from the cosmetic condition set out in the quote and the initial valuation needs to be adjusted, we may offer you an adjusted quote. In this case, we will contact you by email and inform you of the new cosmetic condition of your Products. With this email, we give you the opportunity to accept or reject the new adjusted quote. A new evaluation means that we reject your offer, but in return make you a new offer to enter into a contract on the basis of this new offer. If you accept the new evaluation, a contract for a sale or trade is entered into and you can no longer dispute or challenge the adjusted quote. The ownership of the Product is transferred from you to MPB only upon payment of the price by MPB to you, in accordance with the provisions of Article 14.1 below. If you reject the new evaluation, no contract for a sale or trade is entered into and we will return the Products to you free of charge. If you are responsible for a failed delivery then we reserve the right to charge you for the shipping costs.
7.5.6 If we discover that Products sent by you as part of a sale or trade have been reported stolen or we suspect that they may be stolen, we will immediately notify the police. We will not return the item to you.
7.5.7 MPB retains the right to cancel the transaction or adjust the valuation of your Product for any reason inclusive of, but not limited to:
(i) If Products differ in age, usage or exact model from that quoted;
(ii) If Products are faulty or show signs of imminent failure;
(iii) If Products are not as described;
(iv) If Products do not include necessities such as batteries or chargers;
(v) If Products show signs of excessive wear not consistent with the cosmetic condition in your quote;
(vi) If Products show signs of having impact or other damage;
(vii) If Products show signs of internal fungal growth,moisture or damp;
(viii) If Products are not stock originally made in the EU;
(ix) If MPB suspects the Product is counterfeit or 'non original' in any way.
7.5.8 Payments made to you by MPB in connection with a sale or trade are subject to the provisions of clause 14 of this Agreement in respect to payment terms.
7.5.9 The following is offered as a guide only for the timescale that the transaction will take to complete. All the following times and dates are non-binding and are for your information only.
(i) When using our free courier service, we usually receive the Products the next working day following collection, unless the Products are sent from a remote location.
(ii) We will then compare the Products with the information you have provided and will carry out our Products inspection on ALL Products as soon as possible. This usually takes two to five working days, but may take longer.
(iii) Bank transfers are processed for payment in batches and once your Products have been checked and you have provided and verified your bank details and these have passed to our payment system, payment is usually made within 3 working days. Exactly when the funds are cleared and available to you in your account can vary depending on which organisation the account is held with.
(iv) Please note that we will regularly keep you informed by email about the progress and status of the sale or trade.
MPB has no responsibility for any delays caused by the courier service.
7.5.10 The price offered by MPB is the total amount offered for your equipment. In the event that you are liable to pay VAT (and are therefore obliged to charge VAT on a sale to MPB), the offer is VAT inclusive. If you are subject to the payment of VAT, you must notify MPB at the beginning of the sale or trade process. In this case, you must also present a sales invoice at the time of sale, indicating the amount of VAT.
7.5.11 In the event that you fail to communicate with us to arrange a return of your Product under clause 7.5.5 then we will make reasonable endeavours to contact you but after a period of 3 months has elapsed, the Product will be considered abandoned and MPB reserves the right to dispose of your Product as it sees fit such as recycling, donating it to charity or taking ownership.
7.5.12 Please note that, as a trade involves a separate Sell and Buy transaction, in the event that the transaction for the Product that you want to Buy from us as part of a trade does not complete or if you subsequently cancel or return the Product to us for any reason then the Product that you sold to us will not be returned to you and we are not liable to you in any way for the Product sold to us under the trade.
8.1 The ordered products can only be delivered to countries within the European Customs Union, Switzerland, Norway and the Canary Islands. The delivery time depends on the shipping country you have chosen. For this reason, the delivery costs and the expected delivery time for your order will be communicated to you prior to completion of the ordering process in accordance with section 4.1 of this agreement.
8.2 Once the order has been placed, it will be sent to the postal address indicated by you when placing the order. You should provide the full correct postal address. We endeavour to dispatch Product that are in stock and ordered before 23.30 p.m CET. on a working day the same day. MPB shall have no liability for any late delivery however arising. We cannot accept requests to use alternative couriers.
8.3 All orders are sent by the MPB nominated shipping service provider and must be confirmed by you with a signature upon delivery. Each delivery shall be deemed to have been made when you or a third party designated by you has physically taken possession of the Product(s) and signed the order confirmation. MPB shall not be liable for any loss or damage whatsoever if the order is delivered to a “safe” or alternative space at your own request.
8.3.1 Please ensure that you are available at the delivery address to receive your delivery with a signature. You should make arrangements with the shipping service to be available for delivery. If there is no signature by You and no suitable alternative has been agreed, the Product will not be handed over and will be returned to the local depot. Please follow the instructions of the courier service to arrange for a new delivery. There may be an additional shipping cost payable.
8.3.2 You are requested to check that the delivered Products correspond to the order and are in good condition on receipt. In the event of damaged or missing items, you are advised to notify the shipping service in reasonable detail on the carrier's designated form (if available). In any case, you are advised to contact the MPB customer experience team at [email protected] by email quoting your Transaction ID reference number.
8.4 When the order is dispatched, an email will be sent to you. You are advised to print out and retain this email for verification purposes.
8.5 If the order has not been delivered within the normal delivery time, customers are requested to inform customer service by email at [email protected] of any delay in the delivery of their orders of which they are aware, so we can take the necessary steps with the relevant delivery services. You should quote your Transaction ID reference number in all communications with us.
8.5.1 If we fail to deliver the Products within a reasonable time of your email under clause 8.5 and no later than thirty (30) days after the order was confirmed under clause 4.2, the parties will discuss whether You wishes to continue to receive the Product.
8.5.2 If You no longer wish to receive the products, MPB will refund the price of the order as soon as possible and in any case within fourteen (14) days of receipt of your written declaration that You no longer wish to receive the products. Your statutory right of cancellation in accordance with clause 9 of this agreement and the statutory warranty rights in accordance with clause 11 of this agreement remain unaffected.
8.6 Partial deliveries are not carried out by MPB. We will notify you if there is any issue in shipping a package of multiple Products.
8.7 MPB shall not be liable for loss or damage to any part of any parcel (whether comprising one or more packages in the parcel), or for the loss or non-delivery of the whole or part of any delivery, or for damage, delay or detention or any part thereof however caused save when due to MPB’s error. Where the Product has suffered damage during transit, which did not exist on despatch, you should notify MPB immediately so that MPB can open an investigation into the circumstances. All decisions taken by MPB as a result of any investigation are final.
9.1 Consumers have a legal right of cancellation when you Buy a Product from MPB:
9.1.1 You have the right to cancel this contract within 14 (fourteen) days without giving reasons. The cancellation period will expire after 14 (fourteen) days from the day on which you acquire, or a third party nominated by you to receive delivery of your Product, acquires, physical possession of the Products.
9.1.2 In the case of a contract for several Products delivered separately, the cancellation period will expire after 14 (fourteen) days from the day on which you acquire, or a third party nominated by you to receive delivery of your Product, acquires, physical possession of the last Product.
9.1.3 To exercise the right of cancellation, you must inform us in writing, within the 14 (fourteen) day period set out in clause 9.1.1 quoting your Transaction ID reference number which you should send to us either by email to email address: [email protected] or by registered post addressed to Customer Experience, MPB GmbH, Bülowstraße 56/57, 10783 Berlin, of your decision to cancel from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory. After MPB's confirmation to you of receipt of the cancellation communication, to be sent to you without delay by email or registered letter to the address indicated by you in the order, you will be provided with a return authorisation identification number that must be attached to the return of the Product. Failure to do so may jeopardise your return.
9.1.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the cancellation period has expired.
9.2 Effects of cancellation
9.2.1 If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of our delivery of the Product to you (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement (other than fees for non-standard delivery reimbursement as set out above). We may withhold reimbursement until we have received the Product back or you have supplied satisfactory verified evidence of having sent back the Product, whichever is the earliest. As part of a trade, you may return the Product(s) which you have bought from MPB for a refund, subject to this clause. You will be refunded the cash value placed on the Product(s) which you bought from MPB as part of the trade. We will under no circumstances return to you, the original Product(s) which you sold to us.
9.2.2 You shall send back the Product or hand them over to us or without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the Product before the period of 14 days has expired.
9.2.3 In case of cancellation, you will have to bear the direct cost of returning the Product to us by post or courier. Products must be returned to us via an insured and trackable reputable delivery service. MPB accepts no liability for any loss or damage to any Product occurring whilst in transit with your nominated delivery service. If you return a Product because we have confirmed to you that there has been an error on our part then we will arrange for the item to be collected from you by our nominated courier.
9.2.4 You have a legal obligation to take reasonable care of the Products while in your possession and you shall be liable for any decrease in the value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. If you fail to comply with this obligation, we reserve the right to deduct the cost of any deterioration (due, for example, to your having used the Product), up to the price of the Product, from the refund to which you are otherwise entitled.
9.2.5 Subject to clause 9.1, MPB retains the right to issue a refund rather than replacement on any item returned, including those items returned due to faults or where we agree that the items are considered not as described.
9.2.6 Subject to clause 9.1, all returns of drone equipment are subject to MPB technicians checking the flight log from your drone. We will notify you if there are any issues arising on the return aircraft first, before sending the equipment back to us. Further, all drone warranties are void if the vehicle has been crashed in ATTI mode.
Subject to clause 9.1, we will not be liable for damage to drone equipment in the following circumstances:
Crashes or fire damage caused by non-manufacturing factors, including but not limited to, pilot errors.
Damage caused by unauthorised modification, disassembly, or shell opening not in accordance with official instructions or manuals.
Damage caused by improper installation, incorrect use, or operation not in accordance with official instructions or manuals.
Damage caused by a non-authorised service provider.
Model cancellation form — when you Buy from MPB
(If you wish to cancel the contract, please fill in this form and return it to us, quoting the Transaction ID Reference Number)
To Customer Experience Team, MPB GmbH, Bülowstraße 56/57, 10783 Berlin, Germany
To Customer Experience Team: email address: [email protected]
I/We (*) hereby give notice that I/We (*) cancel my/our r (*) contract of sale of the following Product (*)/for the provision of the following service (*),
…………………………………………………………………………
With Transaction ID Reference Number …………………………………………………………………………
Ordered on (*)/received on (*)
…………………………………………………………………………
Name of customer(s)
Address of customer (s)
Signature of customer (s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
The right of cancellation does not apply:
delivery of Product which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
in the case of delivery of sealed Product which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
in case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
minor contracts, i.e. contracts with a maximum value of €50.
10.1 We shall be liable without limitation for intent and gross negligence as well as for simple negligence in the case of damages resulting from injury to life, body or health of persons.
10.2 To the fullest extent permitted by law, MPB will not be liable to you for any indirect or consequential losses, including but not limited to loss of profit, loss of revenue, loss of goodwill, loss of business opportunity, or any other loss arising in connection with any claim.
10.3 In other cases of simple negligence, we shall only be liable in the event of a breach of such obligations which are essential for the appropriate and proper execution of the contract and on the fulfilment of which You accordingly relies and may rely (cardinal obligations) and only limited to compensation for foreseeable and typical damages.
10.4 MPB shall have no liability for any loss or damage to a parcel, or for non-delivery or mis-delivery, if the loss, damage, non-delivery or mis-delivery was due to the negligence or fault of the Customer.
10.5 MPB can under no circumstances whatsoever accept any responsibility for any delay to parcels whilst in transit.
10.6 Other claims for damages are excluded subject to the following clause 10.7.
10.7 Limitations and exclusions of liability pursuant to this clause 10 shall not affect our liability in accordance with the mandatory statutory provisions of the Product Liability Act, against data protection laws or due to the fraudulent concealment of a defect or the assumption of a guarantee for the quality of an item within the meaning of § 444 German Civil Code (BGB).
10.8 This Clause 10 applies to any claim against us by the Customer , irrespective of the legal grounds, in particular for contractual and tortious liability.
10.9 Insofar as our liability is limited or excluded under this clause 10, the limitations or exclusions shall also apply to the personal liability of our employees, legal representatives and vicarious agents.
11.1 We do not assume any guarantee as to quality, durability or any other guarantee, unless we have assumed a guarantee designated as such in an individual case.
11.2 Your rights due to defects are based on the statutory provisions of the law on sales (Sec. 433 et seq. German Civil Code).
11.3 If you are a consumer, the warranty period shall be (i) 12 months for contracts for used Product — notwithstanding the statutory provisions — or (ii) 12 months for all contracts with traders. This is subject to applicable law, the provisions of clause 10.1 and the terms of any Extended Product Protection purchased under clause 11.10 below. This shall not apply if we have unlimited liability in accordance with clause 10. MPB reserves the right to repair or replace a Product under warranty.
11.4 In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Sec 438 (1) No. 3 German Civil Code.
11.5 Only in the event that (i) we seriously and definitively refuse subsequent performance, (ii) subsequent performance fails, (iii) subsequent performance is unreasonable for the Customer, or (iv) a reasonable deadline set by the Customer for subsequent performance has not been met, is the Customer entitled (a) withdraw from the contract or (b) to reduce the purchase price accordingly. Subject to the provisions of clause 10, the Customer is also entitled to demand reasonable compensation in lieu of subsequent performance.
11.6 For business traders only:
11.6.1 In the event that you sell to MPB and trade with MPB as a business trader then you must inspect the delivered Product immediately after receipt of the delivery, insofar as this is feasible in the normal course of business, and must give immediate notice of any damage from transportation as well as any visible defects. The complaint is not immediate if it is made later than three working days after receipt of the delivery. Hidden defects must be notified by the trader immediately after their discovery; the notification must be made within three working days of the discovery of the defect at the latest. If the trader does not give notice of defects in accordance with this clause 11.6, the Product shall be deemed to have been approved and the assertion of warranty claims shall be excluded.
11.6.2 At our discretion, the rectification of defects within the scope of subsequent performance shall be carried out by means of subsequent delivery or rectification of defects.
11.6.3 Unless the nature of the defect or other circumstances indicate otherwise, subsequent performance is deemed to have failed after the second unsuccessful attempt by MPB.
11.6.4 In the event of subsequent performance, the remaining original warranty period of the product according to clause 11.3 shall also apply with regard to the remedied defect. This shall not apply if we have unlimited liability according to clause 10. Subsequent performance by MPB does not constitute an acknowledgement of a corresponding claim by the business trader.
11.7 Exclusions to the MPB Warranty — What is NOT covered:
11.7.1 Normal wear and tear;
11.7.2 Faults caused by shock or fall, sand, dust, dirt, damp or corrosion, leaky batteries, an act of war or terrorism, fire, theft, attempted theft, accidental or malicious damage, vandalism, corrosion, water contamination or ingress, mould, frost, flooding or other adverse weather conditions, repair or cleaning by unauthorised personnel, impact and any other fault of a similar nature;
11.7.3 Accidental damage — including but not limited to:
(i) faults that have occurred because you have not used, stored or handled the Product properly or have not followed our written instructions for the Product, or those of the manufacturer; or damage or defect due to wilful neglect or negligence by anyone other than us;
(ii) Faults relating to damage to components such as connector pins deemed by us to be the result of accidental damage or misuse;
11.7.4 is caused by the use of spare parts or other exchangeable parts which are neither manufactured nor recommended by the manufacturer;
11.7.5 is based on the combination of the Product with other accessories which we have not approved for this purpose;
11.7.6 Faults relating to image sharpness of a lens that is clearly open to human judgement;
11.7.7 Consumables, including batteries, are not covered by the warranty;
11.7.8 Loss of quality, degradation of performance or actual damage that results from the use of spare parts or other replaceable items (such as consumables) that are neither made nor recommended by the manufacturer;
11.7.9 Faults due to the connection of other fittings or accessories to the product which we have not approved;
11.7.10 Faults due to defective repair carried out by someone other than MPB or a MPB designated repairer.
11.7.11 Lost or damaged data.
11.8 The assignment of warranty rights to third parties is excluded. Section 354a German Commercial Code remains unaffected. All work carried out under warranty must be approved and authorised by MPB.
11.9 Return shipments
11.9.1 If you wish to make a complaint and exercise your right of revocation under warranty under clause 11.5, please contact us to obtain a Returns Authorisation Number. You can contact us by email at [email protected], in each case stating your name and Transaction ID Reference Number order. You should also include a copy of your sales invoice.
11.9.2 All Products returned as faulty will be checked thoroughly by us and if no fault is found the Product will be returned to you. We reserve the right not to offer a repair or replacement unless a fault with the Product can be established.
11.9.3 MPB reserves the right to offer a replacement Product in circumstances where a repair is deemed unviable. In the case of used Products a replacement Product may vary slightly in cosmetic condition from the original item purchased.
11.10 Extended Product Protection
If you have purchased Extended Product Protection under the XCover Product Protection Plan you should refer to the terms of your Plan which you can find in your XCover Account. Extended Product Protection is provided by XCover.com and Cover GeniusEurope B.V.
We make every effort to provide only correct information on our Platform. Should you nevertheless find an error, please inform us by email at [email protected] we will correct the error as soon as possible.
13.1 We recommend that you delete or remove ALL personal data that may be stored on a device, such as digital images, private information or contact details, before Products are collected as part of a sale to MPB or as part of a trade.
13.2 We are not responsible for any personal, confidential, private or other information provided to us by customers, whether knowingly or unknowingly, in connection with a sale or trade of the Product. We are also not responsible for the security of such data.
13.3 Please ensure that you remove all media storage devices / memory cards before sending your Products to us. Storage media, memory cards or similar which we find on receipt of the Products shall be considered as abandoned and MPB shall have no obligation to keep them and return them to you. They will be recycled / properly disposed of and we do not accept responsibility for such items sent by mistake.
13.4 MPB is not liable for items that are not the subject of the relevant contract but which have been sent to us, whether knowingly or unknowingly. You are liable for sending such additional items; MPB does not accept any liability for returning such items.
14.1 Payments to you will be made by bank transfer. For this purpose, we will send you a secure payment link to the email address you provide. When you click on this link, you will be asked to enter your bank details (account holder, SWIFT code or BIC, IBAN) to which we should make the payment. As soon as the payment has been made by us, ownership of the Product is transferred from you to MPB.
14.2 You are responsible for ensuring that the payment data, including the IBAN and SWIFT Code or BIC, is correct and free of errors. We may ask you by email to confirm that the payment data is correct and accurate. However, this does not mean that we accept any responsibility for the accuracy of such data. It remains your sole responsibility to ensure that the payment data you provide is accurate, complete and error-free. MPB will not be liable if you fail to receive a payment or suffer any loss, including but not limited to a payment sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and / or submit all payment details required when using our secure form or when providing details in any manner. The transmission of incomplete or incorrect payment data may lead to a delay in payment.
14.3 If you fail to provide correct payment details to us within 3 months of your item(s) being checked, MPB reserves the right to take ownership of your item(s) without further notification or payment. In the case of adjusted quotes, you are responsible for replying to the adjustment email within 3 months of the send date. The response can be either through clicking the ‘accept’ button or replying in writing to confirm that you do not wish to proceed and confirming your return address for the items. We reserve the right to take ownership of your item if you do not respond to accept or decline your adjusted quote in the manner outlined here.
14.4 Some of the payment methods we offer to make these payments, including bank transfers, depend on third parties. We are not liable for any delay in the execution of payments due to the actions or omissions of the recipient bank. Payments may be subject to validity, ID and security checks, which we or third parties may require based on discretion.
14.5 In the unlikely event of an overpayment being made to you by mistake by us, you agree to return the sum overpaid immediately to us into the MPB account that we shall provide you with.
15.1 VAT Registration
Customers who are VAT-registered are required to provide their valid VAT identification number when making purchases. This ensures correct VAT treatment in accordance with applicable regulations.
15.2 Invoice Format
By default, MPB invoices will be issued in PDF format and delivered electronically via email.
15.3 Customer Responsibility
It is the Customer’s responsibility to inform MPB of their VAT registration status.
MPB will not be liable for any failure to perform our contractual obligations if this is due to circumstances beyond our control. This includes, but is not limited to, events of force majeure such as natural disasters, fire, floods, storms, forms of industrial action, actions of Internet service providers, and decisions by governments or other authorities.
17.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform at https://www.mpb.com/en-ie or otherwise or any services provided via, or in relation to, the Platform. This includes using (or permitting, authorising or attempting the use of): (a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same. (b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
17.2 Clause 17.1 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
17.3 Clause 17.1 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
17.4 Unauthorised use of the data on the Platform (including but not limited to pricing information and the model database) is strictly prohibited.
If one or more provisions of this agreement are found to be invalid in application of a law or regulation or by a final judgement of a competent court or authority, the remaining provisions shall remain fully effective.
MPB is under no legal or contractual obligation, nor is it willing to participate in dispute resolution procedures before a consumer dispute resolution body.
We reserve the right to refuse to provide a service to any customer who exhibits abusive, rude, or harassing behaviour towards our employees. This includes, but is not limited to, verbal abuse, threats, and any form of harassment. Maintaining a safe and respectful environment for our employees and our customers is of utmost importance to MPB.