Terms and Conditions

TERMS AND CONDITIONS

§ 1 Scope and Provider

(1) These Terms and Conditions apply to all orders you place with the online store of

G:part Vehicle Accessories

Florian Gleisenberg

Särka 15A

02627 Weißenberg

.

(2) The products offered in our online store are intended exclusively for buyers who are at least 18 years of age.

(3) Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. We hereby object in advance to the inclusion of any customer’s general terms and conditions that conflict with our General Terms and Conditions.

(4) The contract language is exclusively German.

(5) You may view and print the currently valid General Terms and Conditions on the website www.g-part.de.

§ 2 Conclusion of the Contract

(1) The presentation of goods in the online store does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods from the online store.

(2) By clicking the [“Submit Order”] button, you are making a binding offer to purchase (§ 145 BGB).

(3) Upon receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet formed by the confirmation of receipt.

(4) A purchase contract for the goods is not formed until we expressly declare our acceptance of the purchase offer (order confirmation) or until we ship the goods to you—without a prior express declaration of acceptance.

§ 3 Prices

The prices listed on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs.

§ 4 Terms of Payment; Default

(1) Payment may be made by one of the following methods:

invoice with payment in advance, cash on delivery, PayPal, or direct debit.

(2) The selection of available payment methods is at our discretion. In particular, we reserve the right to offer you only selected payment methods, such as payment in advance, to mitigate our credit risk.

(3) If you select prepayment, we will provide our bank account information in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(4) For cash-on-delivery payments, an additional fee of 5.60 EUR is due, which the delivery person will collect on site. No other costs or taxes apply.

(5) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). Your credit card account will actually be charged when we ship the goods to you

.

(6) When paying with PayPal, you will be redirected to the PayPal website during the ordering process. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, authenticate yourself using your login credentials, and confirm the payment instruction to us. After placing your order in the store, we will instruct PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be processed automatically by PayPal immediately thereafter.

(7) When paying by direct debit, you may be required to bear any costs incurred as a result of a chargeback due to insufficient funds in your account or due to incorrect bank account information provided by you.

(8) If you are in default of payment, you are obligated to pay the statutory default interest at a rate of 5 percentage points above the base interest rate. For each reminder letter sent to you after the payment has fallen into arrears, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher amount of damages is proven in individual cases.

§ 5 Set-off/Right of Retention

(1) You are entitled to set-off only if your counterclaim has been legally established, is not disputed by us, or has been acknowledged by us, or is in a close synallagmatic relationship to our claim.

(2) You may exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have specified.

(2) The goods remain our property until the purchase price has been paid in full.

(3) In exceptional cases, we are not obligated to deliver the ordered goods if we have properly ordered the goods on our part but were not supplied correctly or on time (congruent covering transaction). This is subject to the condition that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay.

Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event of such unavailability of the goods, we will promptly refund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods described solely by their type and characteristics (generic goods). We are only obligated to deliver from our inventory and from goods we have ordered from our suppliers.

(4) If you are a business operator within the meaning of § 14 BGB, the following applies in addition:

-We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.

-You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale. We accept the assignment; however, you remain authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect the claims ourselves.

-In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

-We undertake to release the security to which we are entitled upon request to the extent that the realizable value of our security exceeds the claims to be secured by more than 10%. The selection of the security interests to be released is at our discretion.

§ 7 Right of Withdrawal

If you are a consumer within the meaning of § 13 of the German Civil Code (BGB)—that is, if you are making the purchase for purposes that are predominantly neither part of your commercial nor your self-employed professional activity—you have a right of withdrawal in accordance with the following provisions.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

To exercise your right of withdrawal, you must notify us

Company: G:part Fahrzeugzubehör Florian Gleisenberg

Address: Särka 15A, 02627 Weißenberg

Email: info@g-part.de

Phone: 035876 814974

Fax: 035876 814975

by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.

You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires.

You are responsible for the direct costs of returning the goods. You are only liable for any loss in value of the goods if

this loss in value is attributable to handling of the goods that goes beyond what is necessary to inspect their nature, characteristics, and functionality

.

(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs (e.g., T-shirts with your photo and name),—sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery;—goods that, due to their nature, have become inseparably mixed with other goods after delivery;—audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery;—newspapers, magazines, or periodicals, with the exception of subscription contracts.

(2) Please avoid damage and soiling. Please return the goods to us in their original packaging, if possible, along with all accessories and packaging components.

If necessary, use

protective outer packaging. If you no longer

have the original packaging, please ensure adequate protection against shipping damage using suitable packaging to avoid claims for damages

resulting from damage caused by inadequate packaging.

(3) Please call us at 035876 814974 before returning the goods to notify us of the return. This will allow us to identify the products as quickly as possible.

(4) Please note that the procedures described in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Shipping Damage

(1) If goods are delivered with obvious shipping damage, please report such defects immediately to the delivery carrier and

contact us as soon as possible.

(2) Failure to file a complaint or contact us has no consequences for your

statutory warranty rights. However, you will help us assert our own claims against the carrier or the

transportation insurance provider.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your

warranty claims are governed by the statutory provisions of

the Law of Sales (§§ 433 et seq. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the

statute of limitations for warranty claims regarding used goods—notwithstanding the statutory provisions—is one year. This limitation does not apply to claims arising from damages resulting from

injury to life, body, or health, or from the

breach of a material contractual obligation, the fulfillment of which

is essential for the proper performance of the contract in the first place and

on whose compliance the contracting party may regularly rely

(cardinal obligation), as well as for claims arising from other damages that

are based on an intentional or grossly negligent breach of duty by the seller or its agents.

(3) In all other respects, the statutory provisions apply to the warranty.

(4) If you are a business operator within the meaning of § 14 of the German Civil Code (BGB), the statutory

provisions apply with the following modifications:

- Only our own specifications and the

manufacturer’s product description are binding with regard to the quality of the goods; however, public

promotions, statements, and other advertising by the manufacturer are not binding.

- You are obligated to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us

of any obvious defects within 7 days of receipt of the goods.

Timely dispatch is sufficient to meet the deadline. This also applies to latent defects discovered later, effective from the date of discovery. Failure to comply with the obligation to inspect and give notice of defects precludes the assertion of warranty claims.

- In the event of defects, we shall, at our discretion, provide warranty coverage through repair

or replacement (subsequent performance). In the event of repair,

we are not required to bear the additional costs incurred by transporting the goods

to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

- If the subsequent performance fails twice, you may, at your option,

demand a price reduction or rescind the contract.

- The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited Liability:

We are liable without limitation for willful misconduct and gross negligence, as well as in accordance with the Product Liability Act.

(2) In all other respects, the following limited liability applies:

In cases of slight negligence, we are liable only in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Alternative Dispute Resolution

The European Commission has provided a platform for out-of-court dispute resolution

. This gives consumers the opportunity to resolve disputes related to their online order initially without going to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .

We strive to resolve any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in a mediation procedure and, unfortunately, cannot offer you participation in such a procedure.

§ 12 Final Provisions

(1) Should one or more provisions of these Terms and Conditions be or

become invalid, this shall not affect the validity of the remaining provisions

in any way.

(2) Contracts between us and you are governed exclusively by German law

to the exclusion of the provisions of the United Nations

Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you habitually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our registered office.

As of: 05/2018

These Terms and Conditions are based on a template provided by:

HÄRTING Attorneys at Law
Dr. Martin Schirmbacher
Attorney at Law | Specialist in IT Law
Chausseestraße 13 | 10115 Berlin
Tel +49 30 2830 57 453