Terms of service

General terms and conditions of business

 

 

§ 1 scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

Consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.

The entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or complementary general terms and conditions, their validity is hereby objected to; You will only be part of the contract if this is expressly approved.

Only the German language is available for the conclusion of the contract and the provision of offer.

 

 

§ 2 Contract partner, contract conclusion

The purchase contract is concluded with the MotionParts UG (limited liability).

2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer to the online order form integrated into the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the seller by email.

2.3The seller can accept the customer's offer within five days,

·         by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive in the customer, or

·         by providing the customer to the customer, with the access of the goods to the customer, or

·         by asking the customer to pay after submitting them.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth working day, which follows the dispatch of the offer. Takes

The seller does not apply the customer's offer within the aforementioned period, this applies as a rejection of the offer, with the result that the customer is no longer tied to his declaration of intent.

2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. There is no further access to the contract text by the seller. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.

 

 

§ 3 right of withdrawal

3.1Consumers and companies are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

 

 

§ 4 Prices and terms of payment

4.1Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2The payment options are/will be communicated to the customer in the seller's online shop.

4.3If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.

4.4 Invoices are due 30 days from the invoice date for payment. The user is entitled to transmit invoices to paper or electronically.

4.5In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.6The payment options are/will be communicated to the customer in the seller's online shop.

4.7 If the customer is delayed in payment, the user calculates default interest of 8%above the respective base rate, published by the Deutsche Bundesbank. On the day of payment of payment of an invoice, all other invoices of the customer are immediately due for payment.

§ 5 Delivery conditions

 

5.1The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed.

Partial deliveries are permitted if this is reasonable for the customer and there are no disadvantages for use.

5.2If the transport company sends the goods sent back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer has not been responsible for the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. This also applies to the costs for the Broadcast Not if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective. If the goods are revoked, which enjoy free shipping by reaching the minimum order value, the seller reserves the right to retain the regular shipping fee.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. Deviating from this, the risk of accidental downfall and the random deterioration of the sold goods is already transferred to the customer, as soon as the seller has delivered the matter to the freight forwarder, the freight leader or the person or institution otherwise intended to carry out the shipment, if the customer has the freight leader, the carrier or the otherwise intended person or institution with the execution and the seller or the seller or the seller or Stalt has not named before.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 The customer is entitled to return original packaged, unused items within 30 days of the shipping date. This does not apply to articles that are not in stock in the user's goods warehouse at the time of order and have to be procured separately or must be specially assembled. In the case of returns above EUR 200, there is a reinforcement feei.H.V. To be charged 20% of the value of the goods. Consumers who revoke the legally stipulated, 14-day cancellation period only bear this re-enactment fee after the statutory cancellation period has expired. Creating shipping costs when returning original packaged items are at the expense of the customer. The provisions of our cancellation policy apply.

 

 

§ 6 Reference to Reference

 

6.1The seller reserves the ownership of the delivered goods to consumers until the purchase price owed is fully paid.

6.2The seller reserves the ownership of the delivered goods to entrepreneurs until the complete settlement of all claims from an ongoing business relationship.

6.3If the customer acts as an entrepreneur, he is entitled to resell the goods subject to reservations in proper business operations. All of the resulting claims against third parties will take the customer to the seller in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills his payment obligations towards the seller, is not in default of payment and is not submitted to the opening of insolvency proceedings.

 

 

§ 7 liability for defects (warranty)

 

If the purchased item is poor, the provisions of the statutory liability for defects apply. This applies differently:

7.1If the customer acts as an entrepreneur,

·         the seller has the choice of the type of supplementary performance;

·         In the event of new goods, the limitation period for defects is one year Danger transfer. This does not apply to claims for defects by consumers and claims for damages due to the violation of life, body or health and/or claims for damages due to gross negligence or willful damage by the seller. In this respect, the statutory limitation periods apply;

·         the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

7.2If the customer acts as a consumer, the subsequent goods are restricted in the case of used goods: claims for defects are excluded if the defect only occurs after the goods have been delivered. Defects that occur within one year of the delivery of the goods can be asserted within the statutory limitation period.

7.3The liability restrictions and deadline reductions regulated in the above digits do not apply

·         For things that have been used for a building according to their usual use and whose deficiency have caused,

·         For claims for damages and expenses of the customer, as well as

·         In the event that the seller has fraudulently concealed the defect.

 

7.4In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for the right to recourse according to § 478 BGB.

7.5The customer acts as a merchant i.S.d. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.

7.6 The following applies to non-consumers: Transport damage must be viewed immediately to the carrier or freight forwarder and recorded in text form on the freight documents. If the customer fails to do so, the goods are also considered approved in view of this defect.

7.7If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

 

 

 

§ 8 liability

 

The seller is liable to the customer from all contractual, contractual and legal, also tortious claims for damage and expenses replacement as follows:

8.1The seller is fully liable from every legal reason

·         in the event of intent or gross negligence,

·         In the event of intentional or negligent violation of life, body or health,

·         Due to a promise of guarantee, unless otherwise regulated in this regard,

·         based on mandatory liability such as the Product Liability Act.

8.2If the seller negligently violates an essential contractual obligation, liability is limited to the typical, predictable damage, unless it is indefinitely accurately accurate in accordance with the above. Essential contractual obligations are obligations, which the contract imposes to the seller to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and that the customer can regularly trust.

8.3Incidentally, a liability of the seller is excluded.

8.4The above liability regulations also apply to the liability of the seller for his vicarious agents and legal representatives.

 

 

§ 9 Participation in special promotions and redemption of action vouchers

 

9.1Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter referred to as "action vouchers") can only be redeemed in the online shop of the seller and only in the specified period.

9.2Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.

9.3Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.

9.6If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.7The credit of an action voucher is neither paid out in cash nor interest.

9.8The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of his legal right of withdrawal.

9.9The action voucher is transferable. The seller can provide the respective owner who redeems the promotion voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.

 

 

§ 10 MP Point's loyalty program

 

10.1 If you create an account on our website, you will be automatically included in our loyalty program and receive points for purchases based on the amount you have issued. However, registration on our website does not constitute an obligation to use the bonus program.

10.2 You can also collect points through recommendations and other actions. As soon as you have collected enough points, you can exchange them via our loyalty widget for premiums, such as discount coupons or free products.

10.3 To display your score and to redeem your premiums, simply register on our website and access the loyalty widget by clicking on the start symbol in the upper right corner. Please note that points have no cash value and that the premiums / rewards can be changed at any time without prior notice. A cash payment of collected points cannot be made.

10.4 Collected points automatically fall after 36 months if the customer account in question has not given up any orders at motionparts.de over the minimum duration of 36 months.

 

 

§ 11 place of performance and place of jurisdiction

 

11.1 The place of performance is the headquarters of the MotionParts UG (limited liability) in Bochum.

In the case of all disputes arising from the contractual relationship, the lawsuit must be filed with the court for the company headquarters of the MotionParts UG (limited liability) is responsible, provided that the customer is a legal entity under public law or a special fund under public law.

11.2 Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

 

 

§ 12 Liability exclusion

Motionparts.de contains so -called "external links" (links) to other websites, on the content of which the content MotionParts Ug has no influence. For this reason the MotionParts Do not guarantee this content or liability.

Only the respective operator of the linked website is responsible for the content and correctness of the information provided. At the time of the link (s), no legal violations were known or recognizable. If such a violation of the law became known, the corresponding link will be removed immediately.

 

§ 13 Alternative disposal of dispute

 

13.1The EU Commission provides a platform for online dispute resolution on the Internet: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

13.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.

 

 

§ 14 Salvatory clause

 

If one of the above provisions is void or ineffective, the validity of the other provisions remains unaffected. The legal consequence takes the place of the void or ineffective regulation.