Terms and Conditions
Terms of Service
Autoteile OWL
Pankratiusstr.43
33098 Paderborn
Tel. Mobile: 05251 5311448
E-Mail: kontakt@owlheizer.de
VAT number: DE815141630
1. General provisions / validity
1.1
The Autoteile-OWL offers customers in the online marketplace / online shop as a commercial supplier, among other things, various accessories for cars for purchase. The following General Terms and Conditions (GTC) apply to the contracts concluded between Autoteile-OWL and the customer via the online marketplace.
1.2
Customers within the meaning of the present GTC are both consumers and entrepreneurs.
1.2.1
To be considered as a consumer is any natural person who is entered into a business relationship and who is acting for a purpose which can not be attributed to either his commercial or self-employed occupation.
1.2.2
Entrepreneurs within the meaning of these General Terms and Conditions is any natural or legal person or legal person with whom business relations are entered and who is engaged in a commercial or independent professional activity.
2. Conclusion of contract on the online marketplace / Onlineshop contract data storage
2.1
The conclusion of a contract on the online marketplace is determined by reference to the principles according to the following provisions:
2.1.1
If an article is posted within the scope of an online auction, the offer for sale on eBay is the binding offer to conclude a purchase contract. This is addressed to the customer, who makes the highest bid during the duration of the online auction and meets any additionally defined conditions. The offer may be accepted during the individually determined duration of the online auction - exclusively through the bidding function provided on the eBay trading platform. The customer accepts the offer by submitting a bid. The bid expires if a third party submits a higher bid during the term of the online auction. The official eBay time is decisive for measuring the duration of the online auction. At the end of the respective term of an online auction or in the case of the premature termination of the online auction, the contracting party will be awarded the highest bid.
2.1.2
If an article is placed within the scope of an online auction and is additionally provided with a fixed price function ( "immediate buy" or "immediate & new"), the contract comes with the customer irrespective of the expiry of the term and without the execution of an auction Online auction directly to the stated fixed price, if the customer exercises the fixed price option and fulfills any additionally stipulated conditions in the offer. The conclusion of the contract at the stated fixed price is possible in this case as long as no bid for the so-called online auction was given.
2.1.3
If an item is only placed under the fixed price format, then the offer for sale on eBay is the binding offer to conclude a purchase contract at the stated price. The contract with the customer comes into effect as soon as the customer fulfills the conditions contained in the offer and carries out the fixed price function ( "immediate purchase" or "immediate & new").
2.1.4
If an item set under the fixed price format is provided with the additional option "propose price", prospective customers have the possibility to propose a (deviating) price for the article. In this case, the prospective buyer's own proposal is a new offer from the prospective buyer. This offer is binding and can be accepted within 48 hours. If the price offer of the prospective buyer is accepted, the contract will be concluded at the suggested price, subject to the other conditions listed in the context of the product description. If the price proposition of the prospective buyer is rejected and a counter-proposal is submitted to this and, if necessary, to other interested parties, this is binding and can also be accepted by the interested party within 48 hours. During ongoing negotiations, an article price originally offered in the fixed price format continues to exist, ie the contract is concluded with a third party independently of such negotiations at the specified fixed price, if this third party carries out the fixed price option prior to the conclusion of the negotiations.
2.2
The contract text is saved and can be found on the website of eBay under the respective article number. The relevant web site can be printed using the print function of the browser. Autoteile-OWL has no influence on the duration of the storage of the information on the eBay website. However, customers will also receive the contract terms, including these GTCs as well as the remote consumer information, in text form.
2.3
If an article in the onlineshop is exclusively under the fixed price format, the release of the offer page in the onlineshop is the binding offer to conclude a purchase contract at the stated price. The contract with the customer comes into effect as soon as the customer fulfills the conditions contained in the offer and carries out the fixed price function ( "Buy / Add to Cart").
In the following, all necessary personal data are to be handed over to the processing in the onlineshop and a payment method selected.
3. Prices, terms of payment and delivery
3.1
All prices are final prices - ie they include all price components, including value-added tax. In the case of cross-border deliveries, additional taxes (eg in the case of an intra-Community acquisition) and / or charges (eg duties) may be payable by the customer.
3.2
Unless otherwise agreed in the individual case, the purchase price plus delivery and shipping costs apply; The amount of which or the details of the calculation thereof will be stated on the respective Offer Website.
3.3
Autoteile-OWL accepts the payment methods listed on the respective offer website and selected for the customer. The customer chooses the preferred method of payment under the available payment methods himself.
3.3.1
The purchase price is generally due immediately. The buyer is in the pre-requisite and has to ensure the immediate maturity. The seller delivers the goods ordered by the buyer only against payment in advance, the buyer is liable for the payment of the purchase price plus any resulting shipping and shipping costs.
3.3.2
In the case of delivery against cash on delivery, the payment of the purchase price plus any arising delivery and shipping costs at the time of delivery to the shipping company carrying out the shipment.
3.3.3
The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
3.4
Unless otherwise agreed with the customer, the delivery of the goods takes place on the dispatch route to the delivery address provided by the customer. Self-collection by the customer is possible; It is requested to arrange a pick-up date.
3.5
The goods purchased by the customer are dispatched in the case of payment by bank transfer or PayPal within one business day after receipt of payment, unless a shorter or longer delivery period is specifically mentioned in connection with the item offer. In the event of a subsequent delivery, the dispatch of the purchased items takes place within three working days according to the condition of the contract - unless a shorter or longer delivery period is expressly stated.
3.5.1
The risk of accidental loss and the accidental deterioration of the goods sold shall pass to the carrier himself or a person authorized to receive goods, in the case of the purchase of the goods, the delivery of the goods to a suitable transporter.
3.5.2
In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold always passes to the consumer when the goods are handed over to the consumer.
3.5.3
With regard to the risk of transfer, the transfer shall be the same if the customer is in default of acceptance.
4. Revocation instruction no longer listed in the General Terms and Conditions
5. Proprietary reservation
Autoteile_OWL reserves the title to the goods sold until full payment of the purchase price.
6. Rights in case of defects of the goods (guarantee)
6.1 Agreement on nature, contractual condition
No guarantee, no assurances,
As a condition of a purchase item from our assortment, it is generally agreed that it shows optical defects, which can not be influenced by the production technology, including scratches by storage and movement of the purchased item. Due to age and optical defects, the purchased item is in a corresponding condition, as the buyer is described and illustrated in the offer. This condition is, as agreed, the contractual condition. The purchase item is therefore bought as it was seen or could be looked at during the purchase.
Invisible defects that result from the use of defective or unsuitable parts, etc. Are in the range of our goods. Therefore it is not assured that such defects are not present, and a condition of our purchase items without such hidden defects is not agreed.
Also that a motor vehicle is taken off the TÜV or does not lose its approval or general operating license, if a purchased item delivered by us is installed in the car is not assured or agreed. No assurances or agreements are made with regard to the traffic and operational safety of the purchased item or the car after the purchase object has been installed.
After all, the parties agree that the buyer does not install or install a purchase item in confidence, that this is free of defects because, despite careful examination, defects can always occur in all parts. In the absence of trust, the buyer can not assert any claims of trust in accordance with the terms of the agreement if he has installed the purchased item, thus also no installation and removal costs.
A guarantee is not given!
6.2 2 year warranty for end user
For defects, which the object of purchase had at the time of handing over, we are within the framework of the legal regulations.
It is agreed that claims for defects by end users who bought motor vehicle parts shall be statute-barred after two years from the delivery of the purchased item. We are only liable for legal deficiencies against final consumers if they are aware of this. All claims for non-material deficiencies and non-material claims for defects are hereby excluded.
If a defect of the goods occurs after the 6th month, from the date of delivery to the buyer and a previous use has been flawless, it is assumed that the purchase item was not assembled or operated according to the provided information and instructions. The burden of proof, which the article was already deficient in transfer, passes to the buyer.
The buyer is obligated to notify us immediately in writing of any warranty claims for which we are liable. Our deadline for rectification is at least 1 month and should be extended as necessary.
The buyer must keep our damage to a minimum and comply with our instructions.
Warranty is granted at our discretion by repairing the purchased item or by replacing it with the delivery of an equivalent part.
The right to reduction and rescission is excluded unless the improvement / delivery failed.
The special expenses necessary for the purpose of remedying the defect, which are caused by the fact that the vehicle is located in a place other than the place of performance, is not borne by us, in particular due to transport, path, work and material costs. We also do not accept the cost of operating and auxiliary materials, such as fuels, filter inserts, coolants and antifreeze agents, hydraulic fluids, oils, greases and other lubricants, and all parts which are not on our account or in the purchase contract The assemblies mentioned in the invoice, such as: gaskets, sealing sleeves, shaft seals, hoses, pipelines, auxiliary assemblies, etc.
In the case of the reverse processing of the purchase contract in the case of a revocation or guarantee, the buyer returns the purchased item to us. Even if this is done at our expense and / or carried out by our freight forwarder, the buyer is obliged to hand over the goods to the freight forwarder. For this purpose, the purchased item is completely emptied of ingredients (eg cooling water) and properly packaged.
The purchaser shall provide the information necessary for the determination of the warranty damage and allow an inspection of the damaged parts at any time. Replaced parts must be returned to us upon request.
There is no guarantee for damage
On electronic components (eg the heating coil, etc.) of the purchased item;
And their compatibility;
Under normal wear and normal wear and tear;
On changed or custom-made purchase items;
(Eg theft, robbery and embezzlement) and other unauthorized use;
Caused by direct action of storm, hail, lightning, earthquake or flood, fire or explosion;
As a result of the use of unsuitable operating materials, cooling water deficiency or overheating;
For which a third party from the installation or repair contract has entered or has entered;
Which arise in connection with a participation in driving events with a racing character or associated driving practice;
(Eg tuning) or the installation of any foreign or accessory parts not authorized by the manufacturer;
As a result of the use of a noticeable need for repair, unless the buyer proves that the damage is not related to the need for repair.
A warranty shall not be granted if:
The maintenance work prescribed by the manufacturer has not been carried out by the master in a master car, unless the buyer proves that the damage is not due to this;
the manufacturer's instructions in the operating manual for the operation of the vehicle and the operating instructions have not been observed for the operation of the purchased item;
The purchased item is not compatible with other parts;
The warranty claims have not been reported before a third-party repair;
During installation, the operating materials of the guaranteed component (eg antifreeze, etc.) have not been renewed;
The warranty claim also does not apply
Cost of test, measurement and adjustment.
The replacement of indirect or consequential damages;
6.3 Liability of the Seller for defects and damages
Any further liability for damages shall be excluded from the scope of our claim without regard to the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence in the case of contract conclusion, due to other contractual or contractual breaches of contractual obligations or due to delictual claims for compensation for material damage pursuant to §§ 823 ff BGB. This applies in particular also in the case of damage outside of the purchased goods, as well as in the case of damages for lost profits, etc. This liability limitation also applies if the buyer requires compensation for useless expenditures instead of damages. In the event of a rescission, a claim for use and / or a contract is also excluded. Insofar as the liability for damages is excluded or restricted, this also applies to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
6.4 Sum limitation of the warranty claim and default
A delay of a buyer, the final consumer, is limited to 10% of the purchase price in case of default of the delivery of the purchase object or when a guarantee is made. This shall also apply in the event of his withdrawal from the purchase contract for reasons of default. Moreover, the replacement of a default is absolutely impossible. This limitation does not apply to intent or gross negligence on our part.
If, in exceptional cases, the costs of third parties are taken over for the removal and installation of the purchased items, the guarantee claim is also limited to 120% of the purchase price of our purchase item after the repair has been completed and after the repair invoice has been submitted.
Should one or more provisions of this contract be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the ineffective provision, a regulation which is as close as possible to the purpose of the intended regulation takes place retroactively. If this is not ascertainable, the legal regulation applies. Should the contract contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In lieu of the ineffective or missing provisions, the respective legal regulations take place.
7. Final provisions
7.1
The law of the Federal Republic of Germany. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice shall apply only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.
7.2
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) shall not apply.
Stand: 28.01.2017