Conditions of Use
Terms of Service
scope
These terms and conditions of the company purchase and sale of new and used parts (hereinafter "seller"), apply to all sales, deliveries and services of the seller, which the customer buys from the seller via www.tachoteile.de. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
Customers are both consumers and entrepreneurs, where a consumer is any natural person who concludes a legal transaction for a purpose that can not be attributed to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, in the course of entering into a legal transaction, is exercising his / her independent professional or commercial activity.
conclusion
The product representations contained in the online shop of the seller are used to submit a legally binding purchase offer by the customer.
The customer may submit the purchase offer in writing, by fax, by email or via the online order form integrated in the online shop of the seller. When purchasing via the online order form, the customer, after entering his personal data and clicking on the button "Send Order" in the final step of the ordering process, submits a legally binding contract offer in relation to the goods contained in the shopping cart. Before the order is submitted, all entries can be corrected continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual Tatstatur- and mouse functions.
The seller will immediately confirm receipt of the customer's purchase offer by electronic means (fax or e-mail). A contract of sale comes about only by a written order confirmation of the seller, but at the latest by the unconditional acceptance of the goods by the customer. The seller is entitled to accept the offer of the customer within five working days of receipt by the seller. An assumption is the same if the seller delivers the ordered goods within this period. The seller is entitled to refuse acceptance of the order - for example, after checking the creditworthiness of the customer.
If the order is made in electronic form, the contract text (consisting of the order data and the terms and conditions) will be stored by the seller and sent to the customer by e-mail after conclusion of the contract.
The purchase and contact take place via e-mail and automated checkout. The customer must ensure that the e-mail address specified by him for the purchase 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 its checkout service providers for purchase can be delivered.
Return costs upon exercise of the right of withdrawal
If the customer has a right of withdrawal according to § 312d Abs. 1 Satz 1 BGB, he will be charged with the exercise of the right of withdrawal, the regular cost of the return, if the price of the returned item does not exceed an amount of 40 ¤ or if at a higher price of the thing the customer has not yet provided the consideration or a partial payment at the time of the revocation, unless the delivered goods do not correspond to the order. In all other cases, the seller bears the cost of the return.
Prices and terms of payment
The indicated prices of the seller are to be understood as final prices, i. they include all price components, including the statutory German value added tax, which in turn is shown separately. The price components also include packaging and shipping costs, which are separately awarded in the respective product presentation in the offer. Other price components will apply on a case-by-case basis to cross-border deliveries, such as additional taxes (such as in the case of an intra-Community acquisition) and / or duties, such as customs duties.
Invoices of the seller are payable according to agreement by cash in advance, by cash on delivery or by invoice. Deliveries abroad only against full prepayment.
If prepayment has been agreed, the payment must be made within 7 (seven) days of the conclusion of the contract. Decisive is the time of receipt of the money at the seller. Otherwise, the purchase price is due after the goods have been delivered and invoiced. The purchase price must be paid within 14 (fourteen) days of receipt of the first demand for payment without deductions, unless otherwise agreed.
Payments with a liberating effect can only be made directly to the bank or postal giro account specified by the seller, or by cash on delivery to the parcel service.
The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the seller.
The customer can exercise a right of retention only if it concerns claims from the same contractual relationship.
Delivery and shipping conditions and transfer of risk
The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, only the delivery address specified in the purchase of the seller is decisive.
If delivery to the customer is not possible, the commissioned carrier will return the goods to the seller at his expense.
Basically, the risk of accidental loss and accidental deterioration of the goods sold with the transfer to the customer or a person entitled to receive. If the customer is an entrepreneur (who acts in the exercise of his commercial or independent professional activity, § 14 BGB), the risk of accidental loss and accidental deterioration in shipping purchase with the delivery of the goods at the place of business of the seller to a suitable Transport person over.
With respect to an entrepreneur, all agreed delivery periods shall apply subject to correct and punctual delivery to the customer in cases in which the seller has concluded a specific cover transaction and is not responsible for the lack of availability.
Retention of title
The delivered goods of the seller remain the property of the seller until full payment.
liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply. Deviating from this:
For entrepreneurs an insignificant defect fundamentally does not justify claims for defects. if the seller has the choice of the type of supplementary performance, the limitation period for defects is one year from the passing of risk for new goods. In the case of used goods, the rights and claims for defects are excluded. the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
For consumers, the limitation period for claims for defects for new goods is two years from delivery of the goods to the customer. for used goods one year from delivery of the goods to the customer.
For entrepreneurs, the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected, the same applies to entrepreneurs and consumers in a deliberate breach of duty and fraudulent concealment of a defect.
In addition, for entrepreneurs and consumers, the above limitations of liability do not apply to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects.
If the customer is a businessman i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. Omits the customer
scope
These terms and conditions of the company purchase and sale of new and used parts (hereinafter "seller"), apply to all sales, deliveries and services of the seller, which the customer buys from the seller via www.tachoteile.de. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
Customers are both consumers and entrepreneurs, where a consumer is any natural person who concludes a legal transaction for a purpose that can not be attributed to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, in the course of entering into a legal transaction, is exercising his / her independent professional or commercial activity.
conclusion
The product representations contained in the online shop of the seller are used to submit a legally binding purchase offer by the customer.
The customer may submit the purchase offer in writing, by fax, by email or via the online order form integrated in the online shop of the seller. When purchasing via the online order form, the customer, after entering his personal data and clicking on the button "Send Order" in the final step of the ordering process, submits a legally binding contract offer in relation to the goods contained in the shopping cart. Before the order is submitted, all entries can be corrected continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual Tatstatur- and mouse functions.
The seller will immediately confirm receipt of the customer's purchase offer by electronic means (fax or e-mail). A contract of sale comes about only by a written order confirmation of the seller, but at the latest by the unconditional acceptance of the goods by the customer. The seller is entitled to accept the offer of the customer within five working days of receipt by the seller. An assumption is the same if the seller delivers the ordered goods within this period. The seller is entitled to refuse acceptance of the order - for example, after checking the creditworthiness of the customer.
If the order is made in electronic form, the contract text (consisting of the order data and the terms and conditions) will be stored by the seller and sent to the customer by e-mail after conclusion of the contract.
The purchase and contact take place via e-mail and automated checkout. The customer must ensure that the e-mail address specified by him for the purchase 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 its checkout service providers for purchase can be delivered.
Return costs upon exercise of the right of withdrawal
If the customer has a right of withdrawal according to § 312d Abs. 1 Satz 1 BGB, he will be charged with the exercise of the right of withdrawal, the regular cost of the return, if the price of the returned item does not exceed an amount of 40 ¤ or if at a higher price of the thing the customer has not yet provided the consideration or a partial payment at the time of the revocation, unless the delivered goods do not correspond to the order. In all other cases, the seller bears the cost of the return.
Prices and terms of payment
The indicated prices of the seller are to be understood as final prices, i. they include all price components, including the statutory German value added tax, which in turn is shown separately. The price components also include packaging and shipping costs, which are separately awarded in the respective product presentation in the offer. Other price components will apply on a case-by-case basis to cross-border deliveries, such as additional taxes (such as in the case of an intra-Community acquisition) and / or duties, such as customs duties.
Invoices of the seller are payable according to agreement by cash in advance, by cash on delivery or by invoice. Deliveries abroad only against full prepayment.
If prepayment has been agreed, the payment must be made within 7 (seven) days of the conclusion of the contract. Decisive is the time of receipt of the money at the seller. Otherwise, the purchase price is due after the goods have been delivered and invoiced. The purchase price must be paid within 14 (fourteen) days of receipt of the first demand for payment without deductions, unless otherwise agreed.
Payments with a liberating effect can only be made directly to the bank or postal giro account specified by the seller, or by cash on delivery to the parcel service.
The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the seller.
The customer can exercise a right of retention only if it concerns claims from the same contractual relationship.
Delivery and shipping conditions and transfer of risk
The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, only the delivery address specified in the purchase of the seller is decisive.
If delivery to the customer is not possible, the commissioned carrier will return the goods to the seller at his expense.
Basically, the risk of accidental loss and accidental deterioration of the goods sold with the transfer to the customer or a person entitled to receive. If the customer is an entrepreneur (who acts in the exercise of his commercial or independent professional activity, § 14 BGB), the risk of accidental loss and accidental deterioration in shipping purchase with the delivery of the goods at the place of business of the seller to a suitable Transport person over.
With respect to an entrepreneur, all agreed delivery periods shall apply subject to correct and punctual delivery to the customer in cases in which the seller has concluded a specific cover transaction and is not responsible for the lack of availability.
Retention of title
The delivered goods of the seller remain the property of the seller until full payment.
liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply. Deviating from this:
For entrepreneurs an insignificant defect fundamentally does not justify claims for defects. if the seller has the choice of the type of supplementary performance, the limitation period for defects is one year from the passing of risk for new goods. In the case of used goods, the rights and claims for defects are excluded. the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
For consumers, the limitation period for claims for defects for new goods is two years from delivery of the goods to the customer. for used goods one year from delivery of the goods to the customer.
For entrepreneurs, the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected, the same applies to entrepreneurs and consumers in a deliberate breach of duty and fraudulent concealment of a defect.
In addition, for entrepreneurs and consumers, the above limitations of liability do not apply to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects.
If the customer is a businessman i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. Omits the customer
