Sect. 1 Scope of validity, customer information
The following general terms and conditions (GTC) govern the contractual relationship between Moshammer Group www.moshammer-automotive.com and consumers and entrepreneurs who purchase goods in our shop. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.
Sect. 2 Conclusion of contract
(1) The offers on the internet represent a non-binding invitation to you to purchase goods.
(2) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone. The immediate confirmation by e-mail that your order has been received does not yet constitute acceptance of the offer to buy.
(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 2 working days. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it. In the case of a telephone order, the purchase contract is deemed valid if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
The contract with the item details (e.g. kind of product, price) will be stored by us. We will send the GTC to you, but you can download the GTC at any time in addition, over our web page. As registered customer you can access your passed orders over the customer login range: log in.
Sect. 4 Customer information: Correction note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options.
Sect. 5 Retention of title
The purchase item remains our property until full payment is made.
Sect. 6 Expiry of your warranty claims
(1) The warranty
The warranty complies with the statutory provisions.
(2) Consumer warranty for used goods
Your warranty due to defects in used goods expires one year after delivery of the item sold to you. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. For these excluded claims, the statutory limitation periods apply. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
(3) Business warranty for entrepreneurs
Your warranty claims due to defects in the good sold shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:
– on compensation for damages
– for maliciously concealed defects
– arising from any granted warranty
– on recourse under §§ 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
– due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
Sect. 7 Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same applies to breaches of duty by any of our agents and legal representatives. The contractual obligations include, in particular, the obligation to deliver the item and title to you. We furthermore must deliver to you the item free of material defects and deficiencies.
Sect. 8 Jurisdictional venue
The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.
Sect. 9 Consumer information: Participation in a dispute settlement procedure
We are obliged to take part in a dispute settlement procedure before the following consumer complaint office (“Verbraucherschlichtungsstelle”): General Consumer Complaint Office of the Center for Arbitration e.V. (Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.), Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de
Document produced and updated by janolaw AG.
INSTRUCTIONS ON WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Moshammer Group, Otto-Suhr-Allee 97-99, 10585 Berlin, phone: 030-25202707, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay after.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery without undue delay and in any event not later than 14 days from the day we have received your returned item. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not exist for distance-selling contracts for the delivery of goods, which are not prefabricated and for their production an individual selection or regulation by the consumer is relevant or are clearly cut to the personal needs of the consumer (§ 312 d Abs. 4 BGB). If the buyer is not a consumer in the meaning of § 13 BGB is not entitled to a right of withdrawal.
The right of cancellation for distance-selling contracts expires for the delivery of goods if these after the delivery due to their condition were mixed inseparably with other goods.
Document produced and updated by janolaw AG.