General Terms and Conditions
General Terms and Conditions of the online shop prospareparts (as of 02/24)
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter: "GTC") of prospareparts, Heinrich Steuber GmbH + Co., Krefelder Straße 658, 41066 Mönchengladbach, Deutschland / Germany Phone: 02161 / 6597-0, Fax: 02161 / 651754, Email: info@steuber.netManaging Directors: Stephan Steuber, Mönchengladbach Local Court, HRA 1010, pers. liable company: Steuber Verwaltungsgesellschaft mbH, HRB 3246, VAT ID: DE 120 435 989, apply to all orders placed in the online shop at www.prospareparts.net (hereinafter: "online shop").
(2) All agreements made in connection with your order are conclusively set out in the purchase contract concluded by both parties, the GTC and our order confirmation email (see § 3 para. 2 of these GTC). By placing an order, you agree to the validity of the GTC valid at the time of the order. The shopping basket and the text of the contract are not saved for system-related reasons. However, you are free to print out the relevant website during the ordering process using the print function of your browser. Recognition of the Buyer's contractual and business terms and conditions shall require the Seller's express written consent.
(3) These General Terms and Conditions shall only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). The acceptance of an offer to conclude a purchase contract by a 'consumer' or private end user is excluded.
(4) The contractual language is German.
§ 2 Conclusion of contract
Only activated users and their authorised persons are entitled to conclude contracts with the online shop.
a) The offers of the online shop on the Internet are a non-binding invitation to the customer to order goods in the online shop.
b) The customer makes a binding offer to conclude a purchase contract when he orders goods on the Internet.
c) The online shop is entitled to accept this offer within 5 working days by sending an order confirmation. The order confirmation shall be sent by email. If the 3-day period expires without a reply, the offer is deemed to have been rejected.
§ 3 Delivery times
(1) Delivery is subject to the timely and proper fulfilment of the Buyer's obligations. The defence of non-performance of the contract remains reserved.
(2) All items will be delivered immediately if available from stock and only while stocks last.
(3) The delivery time within Germany is usually 3 working days and begins with the dispatch of the order confirmation. The delivery time for foreign countries may vary depending on the delivery area. The delivery time is not binding unless otherwise agreed in writing.
(4) If an item is not available at short notice, we will inform you by email about the expected delivery time.
(5) In the event of delays in delivery, e.g. due to force majeure, traffic disruptions and orders from higher authorities as well as other events for which the online shop is not responsible, no claims for damages can be made against the online shop.
(6) Compliance with the delivery period is subject to correct and timely delivery by our subcontractors. Insofar as we are not responsible for incorrect or delayed self-supply, the delivery period shall be extended accordingly.
(7) Should the subcontractor no longer be in a position to deliver the ordered goods to us, we shall be entitled to withdraw from the purchase contract. The customer shall be informed immediately of the lack of delivery by the subcontractor and of the cancellation of the purchase contract and the consideration paid by the customer shall be reimbursed immediately if we have already received it.
(8) Partial deliveries are permissible insofar as this is reasonable for the customer.
§ 4 Cancellation costs
If the buyer cancels a placed order without justification, we may claim 15 % of the sales price for the costs incurred in processing the order and for loss of profit, without prejudice to the possibility of claiming higher damages. The buyer reserves the right to provide evidence of lower damages.
§ 5 Packaging and shipping costs
(1) For deliveries within Germany we charge for Shipping and packaging costs are subject to a surcharge, depending on the size and weight of the item, of between € 9,- and € 50,-. In exceptional cases and for particularly large and heavy items, the shipping and freight costs may vary upwards. For delivery/shipping abroad, higher shipping and packaging costs apply, which are shown separately depending on the delivery area.
(2) Express deliveries can also be made at the customer's request. The thereby Any additional costs incurred shall be borne by the customer.
§ 6 Prices and payment
(1) All prices quoted are net prices. The statutory VAT of currently 19% is shown separately on the invoice.
(2) The item prices do not include the costs for packaging and shipping.
(3) Due to the constant updating of the Internet pages of the online shop, information provided at an earlier point in time regarding the price and quality of the goods loses its validity.
(4) The price shown at the time of submission of the customer's offer shall be decisive for invoicing.
(5) Payment for the goods shall be made in advance or on account, depending on the existing business relationship. Exceptions are only valid if they have been agreed in writing between the online shop and the customer.
(6) The customer is obliged to pay the invoice amount without deduction within 10 days of receipt of the goods.
(7) If the customer has not fulfilled his payment obligation after expiry of the period specified in paragraph 6, the online shop reserves the right to charge the customer additional reminder and processing fees arising from this.
(8) If the customer defaults on payment, the online shop is entitled to charge default interest at the statutory rate. The right of the online shop to assert any further claims for damages remains unaffected by this.
§ 7 Retention of title
(1) The ordered goods remain the property of the online shop until full payment has been made (retention of title according to §§ 158, 449 BGB). Disposal or pledging is not permitted before transfer of ownership,
(2) Transfer by way of security, processing or remodelling of the goods is not permitted without the express consent of the online shop.
(3) The Buyer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, he hereby assigns to us all claims arising from such a resale, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Irrespective of our right to collect the claim ourselves, the purchaser shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and insofar as the buyer fulfils his payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no suspension of payments.
§ 8 Warranty
(1) The customer's claims against the online shop arising from a defect in the goods shall be governed by the statutory provisions.
(2) The customer undertakes to inspect the goods for any defects upon receipt and to inform the online shop immediately if such defects are discovered. Should the customer discover at a later date that the goods are defective, he is obliged to inform the online shop immediately upon discovery. If the customer fails to report a defect, the goods shall be deemed to have been approved.
(3) Damage caused by the customer through improper handling or handling contrary to the terms of the contract shall not count as a defect in the goods. The information provided by the manufacturer of the goods shall be decisive for improper use and non-conformity with the contract.
(4) The warranty period is one year and begins on the day of handover.
(5) A warranty is excluded if the delivery item has been modified by the buyer without our written authorisation, if the damage has occurred due to lack of maintenance, if the application specifications in our technical documentation have not been complied with. Normal wear and tear are excluded from the warranty in all cases.
(6 Any claim exceeding the amount of the sales price is generally excluded. Any further claims of the buyer, in particular claims for damages for loss of production, loss of profit or any other indirectly occurring loss are excluded.
§ 9 Customs clearance/export by the buyer
(1) Delivered goods may be subject to the export control regulations of the United Kingdom, the United States of America, the European Union or other countries (Export Laws). The Customer shall comply with such Export Laws and obtain any licences or authorisations required for any transfer, export, re-export or import of the Products.
(2) The Customer shall not directly or indirectly sell, permit to be sold, or dispose of, export, re-export or otherwise make available any Products to any country or organisation under sanction or embargo by the United Kingdom, the United States of America, the European Union or any other country.
(3) Classifications of products for export purposes, including ECCN and customs tariff numbers, are for internal use of the online shop only. This information is provided in good faith based on the information available to it at the time of compilation. The online shop does not warrant or represent that this information is current or accurate and shall not be liable to the customer for any loss or damage of any kind suffered by the customer as a result of reliance on this information. Use of the information is at the customer's own risk and without recourse to the online shop. The customer is responsible for ensuring compliance with all applicable export laws, including determining the correct classification of an item at the time of export.
§ 10 Liability
(1) The online shop shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. The online shop shall be liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is based on injury to life, limb or health. The online shop is liable to the same extent for the culpability of vicarious agents and representatives.
(2) The provision of the above paragraph (1) shall extend to compensation for damages in addition to performance, compensation for damages instead of performance and claims for compensation for futile expenditure, irrespective of the legal grounds, including liability for defects, delay or impossibility.
§ 11 Copyright
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is labelled as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
§ 12 Contents and links on our pages
The contents of our pages have been created with the greatest care. However, we cannot accept any liability for the accuracy, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para. 1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.
We can therefore accept no liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.
§ 13 Place of jurisdiction
(1) Unless otherwise provided by law, the place of jurisdiction is the registered office of the online shop.
(2) German law shall apply to all disputes that may arise from this legal relationship. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 14 Validity of the GTC
By placing an order, the general terms and conditions of the online shop are recognised.
Counselling
If you have any questions about products or problems with your order, please send an e-mail to ersatzteile@steuber.net
or via our contact form.