Terms and Conditions
§ 1 Subject of the contract
Our terms and conditions apply to deliveries of movable property in accordance with the contract between us, the Except Parts - Frank Goldman & Michael Reinhardt GbR, Hamburger Strasse 4, 27419 Sittensen (hereinafter "provider") and the customer.
This agreement governs the sale of new and second-hand goods from the automotive parts and accessories sector through the provider's online store www.exceptparts.com. Due to the details of the respective offer, reference is made to the product description of the offer page.
§ 2 contracting party
Based on these General Terms and Conditions (GTC) comes between the customer and the provider, Except Parts - Frank Goldman & Michael Reinhardt GbR, Hamburger Strasse 4, 27419 Sittensen, VAT identification number: DE 310 965 605, the contract.
§ 3 Conclusion of contract
The contract is concluded in electronic commerce via the ShopSystem on the website www.exceptparts.com of the provider.
The offerings of the provider presented represent a non-binding invitation to submit an offer by the customer order.
In order to place a binding order, the customer must perform the following steps:
Selection of the desired goods;
Pressing the button "to checkout";
Registration as a new customer or existing customer by entering the personal data;
Selection of payment and shipping method;
Re-examination or correction of the respective entered data and confirmation of the insight into the terms and conditions and the revocation declaration;
Binding dispatch of the order by clicking the button "order for a fee".
In the case of the selection of the means of payment "cash on delivery, the provider can accept the offer of the customer within a period of 5 days. The confirmation e-mail after receipt of the order does not represent an acceptance of the offer, but applies solely to the automated confirmation of the order. The acceptance of the offer by the customer takes place either by delivery of the ordered goods or by sending a separate order confirmation email.
In the case of the selection of the means of payment "advance payment" or "PayPal" the contract comes already with payment of the purchase price by the customer to conditions.
After conclusion of contract, the contract text will not be stored by the provider. The customer will be sent the details of the order in the order confirmation by e-mail.
§ 4 Prices and Terms of Payment
All prices are final and include the legal value added tax.
The customer has only the following options for payment:
The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail.
Payment service providers (PayPal and PayPal PLUS)
When paying by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. When using the payment service provider, this allows the provider and customers to process the payment between each other. The payment service provider forwards the payment of the customer to the provider. For more information about PayPal's features and terms of service, please visit: https://www.paypal.com/webapps/mpp/ua/legalhub-full?locale.x=en_US.
Cash on pickup
The total amount has to be paid in cash. An invoice for the total amount will be created immediately upon pickup.
cash on delivery
Further payment methods are not offered and will be rejected.
A default of payment occurs at the latest with expiry of 10 days after receipt of the goods. The statutory provisions regarding the consequences of late payment apply.
The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed, have been acknowledged by the provider or are linked to the principal requirement of the provider in a synallagmatic manner. If the customer is an entrepreneur, he is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Retention of title and other reservations
Until full payment, the delivered goods remain the property of the provider.
§ 6 Delivery conditions
The goods will be shipped immediately after confirmed receipt of payment, unless the payment method cash on delivery has been selected. The dispatch is on average at the latest 2 days after receipt of payment. The regular delivery time is 3-5 working days for deliveries within Germany and within Europe, unless stated otherwise in the item description. Deliveries to non-European countries may take up to 20 working days.
If delivery times have been specified by the supplier or used as the basis for placing the order, such periods will be extended in the event of strike and force majeure, for the duration of the delay. The same applies if the customer does not fulfill any cooperation obligations. The provider sends the order from its own warehouse as soon as the entire order is in stock. If the supplier is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by own suppliers, although an appropriate cover transaction was made in good time, the supplier has the right to withdraw from a contract with the customer to that extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.
§ 7 Product quality and warranty
The provider is liable in the presence of a defect according to the statutory provisions, as far as the following are no restrictions.
Warranty rights in respect of used goods expire within one year.
Guarantees in the legal sense, the customer does not receive by the provider.
§ 8 Right of Withdrawal
If the buyer is a consumer, he has a one-month right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
Notes on the right of withdrawal can be found in the respective article description of the seller and the explicit cancellation policy. In addition, after conclusion of the contract, the buyer receives an order confirmation informing him of his right of withdrawal and how he can exercise it, e.g. about the withdrawal form enclosed with the revocation instruction.
§ 9 Disclaimer
The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective, as well as compensation for damages caused by delay (§ 286 BGB). In that regard, the provider is liable for any degree of fault.
This also applies to slightly negligent breaches of duty by our vicarious agents.
Insofar as liability for damages that are not based on injury to the life, body or health of the customer is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim.
Insofar as the liability for damages against the provider is excluded or limited, this also applies with regard to the personal liability for damages of employees, employees, employees, representatives and vicarious agents of the provider.
§ 10 Jurisdiction and applicable law
The statutory provisions on jurisdictions remain unaffected, unless otherwise specified in the special provision of paragraph (3).
This contract is governed by the law of the Federal Republic of Germany. This does not apply if special consumer protection regulations are more favorable in the customer's home country (Article 6 of Regulation (EC) No 593/2008).
If the customer has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
§ 11 Privacy
In connection with the initiation, conclusion, settlement and reversal of a purchase contract based on these terms and conditions, the provider collects, stores and processes data. This happens within the legal regulations. The provider does not disclose personal data of the customer to third parties, unless he is legally obligated to do so or the customer has expressly previously consented. If a third party is used for services in connection with the processing of processing, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of order will only be processed to establish contact within the framework of the contract and only for the purpose for which the customer provided the data. The data will only be forwarded to the shipping company that takes over the delivery of the goods as required. The payment details will be forwarded to the bank responsible for the payment. Insofar as the provider makes storage periods of a commercial or tax nature, the storage of some data may take up to ten years. During the visit to the internet shop of the provider, anonymized data which does not allow or suggest any inferences on personal data, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer may contact the following address: Except Parts - Frank Goldman & Michael Reinhardt GbR, Hamburger Strasse 4, 27419 Sittensen, email@example.com.
§ 12 Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 para. 1 ODRVO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.