General Terms and Conditions
General Terms and Conditions of the Onlineshop PROSPAREPARTS
1.1 These General Terms and Conditions (hereinafter referred to as: “AGB“) of prospareparts, Heinrich Steuber GmbH + Co., Krefelder Strasse 658, 41066 Mönchengladbach, Germany, Telephone: +49(0)2161 / 6597-0, Fax: +49(0)2161 / 651754. email: email@example.com , Managing Directors: Stephan Steuber, Norbert John, County Court Mönchengladbach, HRA Registration Number 1010, personally liable shareholder: Steuber Verwaltungsgesellschaft mbH, HRB Registration Number 3246, VAT ID: DE 120 435 989 are effective for all orders in the Onlineshop on www.prospareparts.net (hereinafter referred to as „Onlineshop“).
1.2 All agreements, which will be made in connection with your order, are finally defined in the jointly concluded purchase agreement, the AGB and our order confirmation email (see clause 3 para. 2 of these AGB). By your order you agree to the effectiveness of the AGB as amended during the period of the order. A saving of the shopping cart and the contractual wording is not executed due to the system. It is, however, up to your choice to print the relevant website during the order procedure by using the print function of your browser.
1.3 Contractual language is German.
2. Conclusion of Agreement
2.1 Only activated users and their authorised persons shall be entitled to conclude agreements with the Onlineshop.
2.2 a) The offers of the Onlineshop in the Internet are a non-binding request to the customer to order products in the Onlineshop.
2.3 b) The customer submits a binding offer to conclude a purchase agreement, if he orders products in the Internet.
2.4 c) The Onlineshop is authorised to accept this offer within 3 working days by mailing an order confirmation. The order confirmation will be effected by email. After non-replied expiry of the 3-day deadline the offer is deemed to have been rejected.
3. Delivery Time
3.1 All articles will immediately be supplied, if they are available on stock and only while stocks last.
3.2 The delivery time is maximal 3 working days and commences with the despatch of the order confirmation. The notification of the delivery time is non-binding, unless a different written agreement exists.
3.3 If one article is short-termed not available, we inform you by email on the expected delivery time.
3.4 In case of delays in delivery, like for example force majeure, traffic disruptions and orders from higher authorities as well as other reasons beyond the control of the Onlineshop, no claim for compensation vis-à- vis the Onlineshop may be raised.
4. Packing and Shipping Costs
4.1 For deliveries within Germany and shipping costs the Onlineshop charges a pro-rata lump sum amount of 7.90 EUR, independent from the number and the weight of the articles. For deliveries abroad higher lump sum amounts apply, which depending on the delivery area will be separately specified.
4.2 Upon request of the customer express deliveries may be executed. The additional costs accruing thereby have to be paid by the customer.
5. Prices and Payment
5.1 All indicated prices are net prices. The statutory value added tax of actually 19% is separately indicated on the invoice.
5.2 The end prices do not include the costs for packing and delivery.
5.3 Due to the constant updating of the Internet websites of the
Onlineshop, information indicated at an earlier period of time concerning price and quality of the products shall forfeit their effectiveness.
5.4 The price indicated at the time of submitting the offer of the customer shall be substantial for the invoicing.
5.5 Payment of the products will be effected on account. Exceptions are only effective, if they were agreed in writing between the Onlineshop and the customer.
5.6 The customer undertakes to settle the invoice amount within 14 days after receipt of the products.
5.7 In the event that the customer failed to fulfill his payment obligation after expiry of the deadline laid down in para. 6, the Onlineshop reserves the right to invoice to the customer any accruing additional reminder fees and processing fees.
5.8 In the event that the customer is in default with the payment, the Onlineshop is authorised to claim default interests in the statutory prescribed amount. The right of the Onlineshop to claim any further compensation payments remains unaffected thereby.
6. Retention of Title
6.1 The ordered products remain in the property of the Onlineshop until total payment has been made (retention of title pursuant to Articles 158, 449 BGB; Bürgerliches Gesetzbuch; German Civil Code). Prior to transfer of ownership a disposition, respectively pledging, assignment of security, processing or transformation of the products is not permitted without the explicit consent of the Onlineshop.
7.1 The claims of the customer with respect to a defect of the products vis-à-vis the Onlineshop are subject to the statutory provisions. 7.2 The customer undertakes to inspect the products upon receipt with respect to any defects and upon assessing such a defect to notify immediately the Onlineshop thereupon. In the event that the customer assesses at a later date, that the products are defective, he is obliged to inform the Onlineshop immediately after discovery of such defect. If the customer refrains from notifying the defect, the products are deemed to have been approved of.
7.3 As defect of the products damages are not included, which the customer has caused by improper and contrary to contract use. Decisive for the improperness and lack of conformity are the statements of the manufacturer of the products.
7.4 The guarantee period is one year and commences with the day of the handover.
8.1 In cases of intention and gross negligence the Onlineshop is liable pursuant to the statutory provisions. The liability for guarantees is a liability without fault. For slight negligence the Onlineshop is exclusively liable pursuant to the provisions of the Product Liability Act, violation of life, the body or the health or due to violation of substantial contractual duties. The claim for compensation for the slight negligence of substantial contractual duties is, however, limited to the foreseeable damage typical to the agreement, to the extent that liability does not take place with respect to violation of life, the body or the health. The Onlineshop is liable for the fault of auxiliary persons and representatives to the same extent.
8.2 The regulation of the beforestated paragraph (8.1) extends to compensation apart from the service, the compensation instead of the service and the compensation claim because of wasted efforts, irrespective as to which legal reason, including the liability due to defects, default or impossibility.
9.1 The prepared wordings and works processed by the website operators on these websites are subject to the German copyright. The reproduction, processing, distribution and any kind of utilization beyond the borders of the copyright require the written consent of the individual writer, respectively creator. Downloads and copies of this website are only permitted for the private, non-commercial use. If the contents on this website have not been prepared by the operator, the copyrights of third parties are to be considered. In particular contents of third parties shall be identified as such. If you nevertheless come across a violation of the copyright, we would ask you to inform us accordingly. In case of recognition of legal infringements we will immediately remove such contents.
10. Contents and Links on our Websites
10.1 The contents of our websites have been prepared with particular care. However, for the correctness, completeness and timeliness of the contents we assume no liability. Pursuant to Article 7 para. 1 TMG (Telemediengesetz; German Telemedia Act) as service provider we are responsible for own contents on these websites in accordance with the general legislation. Pursuant to Articles 8 to 10 TMG, however, we as service provider are not obliged to monitor transmitted or saved information of a third party, or to research circumstances, which indicate an illegal activity. Obligations for the removal or blockage of the use of information in accordance with the general legislation remain unaffected thereby. A respective liability, however, is only possible as from the time of the notification of a concrete legal infringement. In case of recognition of legal infringements we will immediately remove such contents.
10.2 Consequently, we cannot assume liability for the contents of a third party. For the contents of the linked websites the individual supplier or provider of the websites is responsible at any time.
10.3 During the period of the linking the linked websites have been reviewed with respect to any possible legal infringements. Illegal contents were not recognizable during the period of the linking. A permanent content-related monitoring of the linked websites however is not acceptable without concrete indication of a legal infringement. In case of recognition of legal infringements we will immediately remove such contents.
11. Place of Jurisdiction
11.1 If the law does not otherwise prescribe, place of jurisdiction is the legal business seat of the Onlineshop.
11.2 In case of all disputes, which possibly result from this legal relationship, German law shall be applied. The application of UN sales law shall be excluded.
12. Effectiveness of the AGB
12.1 The General Terms and Conditions of the Onlineshop are accepted when placing an order.