General Terms and Conditions and Customer Information
I.General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Marco Raek) through the website www.rs-original-carsupply.eu. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" button or "Continue to order" (or similar designation) and entering the personal data and the payment and shipping terms, the order data is finally displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, "Stripe" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We shall retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) 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 that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) 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.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) The statutory warranty rights for defects exist.
(2) Insofar as you are informed by us prior to the submission of the contractual declaration and this has been expressly and separately agreed, the limitation period for warranty claims for used goods is one year from the delivery of the goods. The above limitation shall not apply
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this shall not affect your statutory warranty claims.
(4) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification of the defect or subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 6 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1.Identity of the seller
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2.Information on the conclusionof the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system , the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form sent, for example, by e-mail, which you can print out or save electronically.
4codes of Conduct
4.1 We have subjected ourselves to the Buyer Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5.Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all resulting taxes.
6.2. The resulting forwarding expenses are not contained in the purchase price. They are callable over an accordingly designated button on our Internet operational readiness level or in the respective offer, are separately proven in the course of the order procedure and are to be carried by you additionally, as far as the forwarding expenses-free supply is not assured.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which shall be borne by you.
6.4. Money transmission costs incurred (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Legal Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 29.11.2022