General Terms and Conditions
Contracting Party
Based on these General Terms and Conditions (GTC), a contract is concluded between the customer and AutoTechteile GmbH, represented by Klaus Lück.
Address: Am Öschweg 12, 66386 St. Ingbert
Phone: +49 6894 9984178
Fax: +49 6894 9984212
Email: info@autotechteile.de
Commercial Register: Saarbrücken
Commercial Register Number: 16408
VAT Identification Number: DE254403705,
Hereinafter referred to as the "Provider," the contract is concluded.
Subject Matter of the Contract
This contract regulates the sale of new, and in the case of injectors, refurbished goods from the field of automotive spare parts. The details of the respective offer are provided to the customer in the offers or order confirmations sent by email or fax.
Conclusion of the Contract
The contract is concluded via email or phone. The offers presented represent a non-binding invitation to submit an offer through the customer’s order, which the provider may then accept.
The order process to conclude the contract includes the following steps:
- Sending an inquiry/order to the provider via email or fax.
Alternatively, phone orders can also be accepted. - Sending an offer/order confirmation by the provider.
- Sending a confirmation to the provider via email or fax.
Contract Duration
The contract has a duration of one delivery, unless terminated earlier.
The total price is calculated from the following components:
Net value + VAT (this is waived for non-German customers if the applicable legal requirements are met) + shipping costs.
Retention of Title
Until full payment is made, the delivered goods remain the property of the provider.
Reservations
The provider reserves the right to not provide the promised service in case of unavailability.
Prices, Shipping Costs, Return Costs
All prices are final prices plus statutory VAT. The minimum order value is 500 euros. Additional costs, depending on the shipping method, will be displayed before the order is shipped. If there is a right of withdrawal and it is exercised, the customer bears the cost of the return.
Payment Terms
The customer has the following payment options: Bank transfer.
The invoice amount must be transferred to the account indicated on the invoice, which will be sent by email or fax, within the time specified. After the payment period has expired, the customer is in default without a reminder. A right of retention by the customer, which is not based on the same contractual relationship, is excluded. Offsetting with the customer’s claims is excluded unless these claims are undisputed or legally established.
Delivery Conditions
The goods will be shipped immediately after confirmed payment. The shipment will usually take place within 3 days. The provider ships the order from their own warehouse once the entire order is packed and any advance payments have been made. If the provider is not responsible for a permanent delivery obstacle, such as force majeure or non-delivery by their own supplier, despite having made a corresponding covering transaction on time, the provider has the right to withdraw from the contract with the customer. The customer will be informed immediately, and received services, especially payments, will be refunded.
Warranty
The customer has a statutory warranty right for the offered services according to the applicable provisions of the Civil Code (BGB). Deviations from this are governed by the specific provisions in these General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is entitled to choose between repair or new delivery when performing subsequent performance for new goods if the customer is an entrepreneur. For used goods, warranty is excluded if the customer is an entrepreneur. If the customer is a consumer, the warranty period for used goods is limited to one year.
Guarantees
The provider offers a durability guarantee for their products. The provider guarantees the following condition during the warranty period: The warranty period is one or two years, depending on the spare part.
Contract Structure
If the customer is an entrepreneur, the risk of accidental loss and/or deterioration of the goods passes to the customer upon delivery, or in the case of shipment, upon delivery to the chosen carrier. The contract text is stored by the provider. The customer does not have direct access to the stored contract text.
Right of Withdrawal and Customer Service
Right of Withdrawal
The customer has the right to withdraw from this contract within fourteen days without stating a reason.
The withdrawal period is fourteen days from the day:
- In the case of a purchase contract: when the customer or a third party designated by them, who is not the carrier, takes possession of the last item.
- In the case of a contract for multiple items ordered in a single order and delivered separately: when the customer or a third party designated by them, who is not the carrier, takes possession of the last item.
- In the case of a contract for delivery of goods in multiple partial shipments or pieces: when the customer or a third party designated by them, who is not the carrier, takes possession of the last partial shipment or piece.
- In the case of a contract for the regular delivery of goods over a fixed period: when the customer or a third party designated by them, who is not the carrier, takes possession of the first item.
If multiple options are available, the last one counts.
To exercise their right of withdrawal, the customer must inform "AutoTechteile GmbH, Klaus Lück, Am Öschweg 12, 66386 St. Ingbert, +49 6894 9984178, info@autotechteile.de" of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post, fax, or email).
To meet the withdrawal deadline, it is sufficient for the customer to send the notification before the withdrawal period expires.
Consequences of Withdrawal
If the contract is withdrawn, the customer must return the goods within 14 days (date of receipt confirmation from the carrier) to the provider.
Return address: AutoTechteile GmbH, Klaus Lück, Kaiserstrasse 170-174, 66386 St. Ingbert, Phone: +49 6894 9984178, Email: info@autotechteile.de
The customer bears the return shipping costs.
After inspection of the returned goods without any complaints, the provider will refund the customer the paid amount (minus any possible shipping costs).
If damage is found during the inspection, the refund will be reduced by the amount of the damage.
End of Withdrawal Information
Disclaimer
Claims for damages from the customer are excluded unless otherwise specified for the following reasons. This also applies to the provider's representatives and agents if the customer asserts claims for damages against them. This does not apply to claims for damages arising from injury to life, body, health, or essential contractual obligations that must be fulfilled to achieve the contract’s purpose. This also does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or their legal representatives or agents.
Prohibition of Assignment and Pledge
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
Language, Jurisdiction, and Applicable Law
The contract will be drafted in German and English. The further execution of the contractual relationship will take place in German or English. The German version remains decisive. Only the law of the Federal Republic of Germany applies. For consumers/customers, this only applies to the extent that it does not restrict statutory provisions of the country in which the customer has their domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law, or special public law assets is the provider’s place of business.
Data Protection
Data processing in accordance with the EU General Data Protection Regulation (GDPR):
In connection with the initiation, conclusion, execution, and reversal of a purchase contract based on our GTC, we (the provider) collect, store, and process data. This is done in compliance with legal provisions. The provider does not pass on any personal data of the customer to third parties unless the provider is legally obligated to do so or the customer has expressly consented beforehand. If a third party is used for services related to processing transactions, the provisions of the EU General Data Protection Regulation are adhered to. The data provided by the customer during the order process will only be used for communication within the framework of contract processing and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company necessary for the delivery of goods. Payment data will be forwarded to the financial institution processing the payment. As long as retention periods under commercial or tax law apply to the provider, some data may be stored for up to ten years. During visits to the provider’s website, anonymized data that does not allow conclusions to be drawn about personal data and is not intended to do so, such as IP address, date, time, browser type, operating system, and visited pages, is logged. Upon the customer’s request, personal data can be deleted, corrected, or blocked in accordance with legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction, blocking of personal data, as well as collection, processing, and use, the customer can contact the following address: AutoTechteile GmbH, Klaus Lück, Am Öschweg 12 66386 St. Ingbert +49 6894 9984178 info@autotechteile.de.
Severability Clause
The invalidity of one provision of these GTC does not affect the validity of the remaining provisions.