Terms customer information
Table of Contents:
2. Conclusion of Contract
4. prices and payment conditions
5. Shipping Conditions
6. Retention of Title
7. Liability for defects (warranty)
8. Special conditions for repair services
9. Applicable law
10. Alternative Dispute Resolution
1) Scope of application
1.1 These general terms and conditions (hereinafter "GTC") of Stephanie Zädow, acting under "Zädow Automotive" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the Seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute a binding offer from the seller, but serve as a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, fax, email, post or online contact form.
2.3 The seller can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 When placing an offer via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and sent to the customer in writing (eg by e-mail, fax or letter) after the order has been placed. Any further provision of the contract by the seller is not possible.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of Cancellation
3.1 consumers are basically entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless the seller's product description indicates otherwise, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
5) Terms of delivery and delivery
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the carrier sends the goods back to the seller, as it was not possible to deliver to the customer, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Proprietary reservation
If the seller delivers in advance, he retains title to the delivered goods until full payment of the owed purchase price.
7) Liability for defects (guarantee)
7.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.
7.2 The following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
8.1 Repair services are provided at the seller's headquarters.
8.2 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to the selection of a specific person to carry out the desired service.
8.3 The customer must provide the seller with all information necessary for the repair of the item, provided that its procurement does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the error found.
8.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and risk. The seller recommends that the customer take out transport insurance. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately about obvious transport damage so that he can assert his existing rights against the carrier.
8.5 The goods are returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
8.6 The customer can also bring the item to be repaired to the seller's headquarters and pick it up again if this results from the seller's service description or if the parties have made a corresponding agreement on this. In this case, the above provisions on the assumption of costs and risk for dispatch and return of the item apply accordingly.
8.7 The aforementioned regulations do not limit the customer's statutory warranty rights in the event that goods are purchased from the seller.
8.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
9) Applicable law
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so. essay moment
Terms customer information