General sales terms and conditions
General Terms and Conditions and Client Information
Table of Contents
- 1. Scope of Application
- 2. Conclusion of the Contract
- 3. Right to cancel
- 4. Price and Delivery Costs
- 5. Shipment and delivery conditions
- 6. Liability for defects
- 7. Law and Jurisdiction
- 8. Information about online dispute resolution
1) Scope of Application
1.1 These Terms and Conditions of the company AT Parts Germany GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller by means of telephone or e-mail.
2.3 The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to cancel
3.1 Consumers are entitled to the right of cancellation.
3.2 You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Tel.: +44 203 514 9135, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. by email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3.3 Effects of cancellation
3.3.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the 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 the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
3.3.2 You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
3.3.3 You shall bear the direct cost of returning the goods.
3.3.4 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3.4 General information: Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage. Please note that the above general information is not a precondition for effectively exercising your right to cancel.
3.5 Cancellation form: If you wish to cancel this contract, please complete and submit this form.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.5 Collection by the Client is not possible for logistical reasons.
6) Liability for defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Law and Jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by British law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.3 If the customer is not a consumer, the warranty period is, notwithstanding Section 438(1) No 3 of the German Civil Code (Bürgerliches Gesetzbuch [BGB]), 1 year.
7.4 AT Parts Germany GmbH (hereinafter Vendor) grants a guarantee of 24 months from delivery for the products sold in accordance with the following terms.
7.5 The guarantee extends solely to consumers and original purchasers.
7.6 The guarantee is fulfilled by defective parts either being repaired without charge or replaced by non-defective parts, at the Vendor’s choice. Assembly and disassembly costs, and any downtime and other costs are not accepted via the guarantee. Parts for which a guarantee is claimed with reference to this guarantee are to be sent to the Vendor at the purchaser’s expense. The costs of delivering the new part within the EU are borne by the Vendor. Replaced parts become the Vendor’s property. The Vendor is only obligated to provide any guarantee services once it has received the part complained about and had a reasonable examination period of at least a week.
7.7 The guarantee does not include any errors/defects attributable to improper assembly and/or improper use. The burden of proof for the defect and proper assembly/use is borne by the purchaser. This guarantee does not grant any further claims, particularly in the form of compensation.
7.8 Guarantee services do not trigger either an extension to or a recommencement of the guarantee period. Statutory warranty claims remain unaffected.
7.9 The Vendor additionally grants the purchaser a 30-day money-back guarantee. This guarantee extends to original purchasers and consumers, and applies exclusively for unused, originally-packed parts where no attempt has been made to assemble them.
7.10 The guarantee is fulfilled by the purchaser being reimbursed the purchase price, minus any shipping costs incurred, after returning the unused goods. Otherwise the above conditions of the guarantee apply over 24 months.
8) Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.Zusätzliche AGB für Rechnungs - & Ratenkauf