GENERAL TERMS AND CONDITIONS
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed with the online shop of
Toyota Classic Parts
Managing Director: Alexander Staschko
to make a deal.
(2) The range of goods in our online shop is directed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our General Terms and Conditions is hereby already contradicted.
(4) Contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website https://www.toyota-classic-parts.de/l/tac.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button ["buy"] you submit a binding offer to buy (§ 145 BGB). Immediately before submitting this order, you can check the order once again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A contract of sale for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and are exclusive of the respective shipping costs. Further information on the shipping costs can be found on our website under ["Payment & Shipping" ].
§ 4 Terms of payment; Arrears
(1) Payment shall be made optionally by: Invoice by prepayment, Paypal and cash payment at pickup.
(2) The choice of the respectively available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only advance payment to cover our credit risk.
(3) If you choose the prepayment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 7 days after receipt of the order confirmation.
(4) In the case of cash on delivery, an additional fee of [X]EUR is due, which is charged by the delivery agent on site. There are no further costs and taxes.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account is made at the time we ship the goods to you.
(6) When paying by PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear those costs that arise as a result of a chargeback of a payment transaction for lack of funds or due to incorrectly transmitted bank account data.
(8) If you fall behind with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of EUR 2.50, unless lower or higher damages are proven in the individual case.
§ 5 Offsetting / Right of retention
(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if 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 provided by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply additionally:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full.
- Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
- 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 amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods.
In order to exercise your right of withdrawal, you must
Company: Toyota Classic Parts
Address: Hugo-Junkers-Straße 3a
Phone: +49 177 916 7404
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to [where applicable the name and address of a person authorised by you to receive the goods] without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the cancellation policy
(1) The right of revocation does not apply to the delivery
- of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name)
- sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- of goods, if these have been inseparably mixed with other goods after delivery due to their nature,
- of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- of newspapers, periodicals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging to avoid claims for damages due to damage caused by defective packaging.
(3) Please call us on +49 177 916 7404 to announce the return before returning the product. In this way you will enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Damage in transit
(1) If goods are delivered with obvious transport damages, please complain about such errors immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us will not affect your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 para. 1 No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch suffices to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the event of rectification of defects, we do not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavour to settle any disputes arising from our contract amicably. In addition, we are not obliged to participate in a mediation procedure and unfortunately we cannot offer you the participation in such a procedure.
§ 12 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
(2) German law shall apply exclusively to contracts between us and you, excluding 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 usually reside shall 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.
Status: March, 2019
Copyright: HÄRTING Lawyers, www.haerting.de, email@example.com
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