Condiciones generales de contratación y entrega

1. scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract
The sales contract comes off with Tim Steinkamp - auto-parts24.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order you will receive another confirmation by e-mail.

3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet.

4. terms of delivery
In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers.

In principle, you have the possibility of picking up at Tim Steinkamp - auto-parts24, Lenenweg 34, 47918 Tönisvorst, Germany during the following business hours: 8:00 - 18:00 hours.

5. payment

The following payment methods are available to you in our shop:

prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

cash on delivery
You pay the purchase price directly to the deliverer. There are plus 9,95 Euro as costs.

credit card
When you place your order, you also send us your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.

SEPA Direct Debit Scheme
When you submit your order, you grant us a SEPA Direct Debit Mandate. We will inform you about the date of the account debit (so-called prenotification). By submitting the SEPA Direct Debit Mandate, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited.
The account will be debited after you have received the goods.
The period for advance notification of the date of the account debit (so-called prenotification period) is 14 days.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.


PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the payment method PayPal, you have to be registered there in order to pay the invoice amount, or you have to register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be executed by your credit card company at PayPal's request immediately after confirmation of the payment order and after your legitimation as legitimate cardholder and your card will be debited. You will receive further information during the ordering process.

If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further information during the ordering process.

If you have chosen the payment method invoice, you do not have to be registered with PayPal to pay the invoice amount. After successful address and credit check and delivery of the order we transfer our claim to PayPal. In this case you can only pay to PayPal with debt discharging effect. For payment processing via PayPal - in addition to our general terms and conditions - the general terms and conditions and the privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for invoice purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_DE.


giropay
After placing the order you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Giropay, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately afterwards and your account will be debited.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before the completion of the ordering process in our online shop. In order to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and confirm the payment order to us. You will then be redirected to our online shop where you can complete the order process.
Immediately after the order we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.

bill
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Cash payment upon pick-up
You pay the invoice amount in cash on collection.

6. retention of title
The goods remain our property until full payment has been made.
In addition, the following applies to entrepreneurs: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. transport damage
This applies to consumers:
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

This applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
If used goods are purchased by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own details and the manufacturer's product descriptions which were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty and fraudulent intent
in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed
to the extent that the scope of application of the Product Liability Act has been opened up.
For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 8:00 a.m. to 6:00 p.m. by calling +49 (0) 2151 / 44 96 188 or by e-mail at info@auto-parts24.com.

9. liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. 
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

11. deposit for exchange part
Refurbished/reconditioned motors and high-pressure pumps are only supplied in exchange. When purchasing these goods, the customer pays an additional deposit fee, the respective amount is shown in the item description. The customer receives an exchange note for each delivery, which must be enclosed with the return of the deposit. After returning the defective, replaced engine or the defective, replaced high-pressure pump with the replacement certificate, we will immediately refund the deposit paid to the customer. The fully completed exchange note facilitates the exchange process but is not a condition for reimbursement.
An exchange can only be made if:

  • the part numbers of the goods sold and the pawned goods match (exceptions must be clarified in advance and require written confirmation)
  • they are original parts,
  • the pledged part was not affected by misfuelling and
  • the deposit part is in an overhaulable condition, i.e. free from cracks, chipping, deformation and complete and not dismantled.

12. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.



AGB created with the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.