Terms and conditions with customer information

content

  1. range
  2. Conclusion of a contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redeeming promotional vouchers
  9. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "AV") of GermanCarParts BV (hereinafter "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "customer") has with the seller concerning the seller Online store completes displayed goods. We object to the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 A consumer within the meaning of these general terms and conditions is any natural person who enters into a legal act for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity. Entrepreneur within the meaning of these conditions is a natural or legal person or a legal person who acts in the course of a legal act in the exercise of his commercial or independent professional activity.

2) Conclusion of a contract

2.1 The product descriptions in the online store of the seller are not binding offers from the seller, but serve to make a binding offer from the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking on the button that ends the ordering process. The customer can also submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller can accept the offer of the customer within five days, by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivery of the ordered goods to the customer, where the access of the goods to the customer is decisive, or by asking the customer to pay after placing his order.
If several of the above alternatives are available, the agreement will be concluded when one of the above alternatives occurs first. The period for accepting the offer starts on the day after the customer has sent the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / user agreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- vol. If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that ends the ordering process. In this case, the seller declares to accept the customer's offer when the customer activates the payment process by clicking on the button that ends the order process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (eg email, fax or letter) after the order has been shipped . After this, the seller will not make the contract text accessible. If the customer has created a user account in the seller's online store before placing his order, the order data will be archived on the seller's website and accessible to the customer free of charge with his password-protected user account and stating the associated login details.

2.6 Before the order is made binding via the seller's online order form, the customer can identify possible input errors by carefully reading the information on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that ends the ordering process.
2.7 Only the German language is available for the conclusion of the agreement.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties on behalf of order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 More information about the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of the conclusion of the contract and who have their only residence and delivery address outside the European Union at the time of the conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including the statutory value added tax. If applicable, additional delivery and shipping costs are stated separately in the respective product description.
4.2 Deliveries to countries outside the European Union may incur additional costs for which the seller is not responsible and which will be charged to the customer. These include, for example, charges for transferring money from credit institutions (eg transfer fees, exchange fees) or import duties or taxes (eg customs duties). Such costs may also arise in connection with the transfer if the delivery is not made to a country outside the European Union, but the customer pays from a country outside the European Union.
4.3 The payment option (s) are communicated to the customer in the seller's online store.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the conclusion of the agreement, unless the parties have agreed on a later due date.
4.5 If payment is made through a payment method offered by PayPal, the payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / user agreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- vol.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless agreed otherwise. The delivery address specified in the seller's order processing is decisive when processing the transaction. Notwithstanding this, the delivery address deposited by PayPal at the time of payment is decisive in selecting the payment method PayPal.
5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs of the failed shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has announced the service within a reasonable period of time. would have. However, this does not apply to the costs of shipping if the customer effectively uses his right of withdrawal. If the customer effectively exercises the right of withdrawal, the return shipping costs will be governed by the rules set out in the seller's cancellation policy.
5.3 Collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price due has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the civil liability for defects apply.
7.2 The customer is requested to file a complaint with the delivery person about delivered goods with apparent transport damage and to inform the seller thereof. If the customer does not comply, this does not affect his legal or contractual claims for defects.

8) Redeeming promotional vouchers

8.1 Vouchers issued by the seller free of charge as part of promotions with a specific period of validity that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period .
8.2 Promotion coupons can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign if there is a corresponding limitation in the content of the campaign voucher.
8.4 Promotion coupons can only be redeemed before the ordering process is completed. Settlement afterwards is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the promotional voucher. The remaining credit is not refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.8 The credit of a promotional voucher is not paid in cash or interest.
8.9 The promotional voucher will not be refunded if the customer returns all or part of the goods paid for with the promotional voucher under his statutory right of withdrawal.
8.10 The promotion voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material rights of the respective voucher holder.

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform acts as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

 

 

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