Terms of service
General terms and conditions for the sale of vehicle parts
- The purchase price and prices for ancillary services are due for payment when ordering or when picking up the object of purchase.
- The buyer can only offset against claims of the seller if the counterclaim of the buyer is undisputed or there is a legally binding title; He can only assert a right of retention insofar as it is based on claims from the purchase contract.
- Vouchers can only be redeemed by the customer named in the voucher, only before the order process is completed and only within the specified period. Subsequent offsetting with a voucher is excluded. Any remaining credit from a voucher will not be refunded by the seller.
- Delivery and delay in delivery
- Delivery dates and deadlines, which can be agreed as binding or non-binding, must be specified in writing. Delivery times begin with the conclusion of the contract.
- The buyer can request the seller to deliver ten days after a non-binding delivery date or a non-binding delivery period has been exceeded. Upon receipt of the request, the seller is in default. If the buyer is entitled to compensation for damage caused by delay, this is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.
- If the buyer wants to withdraw from the contract and / or demand compensation instead of performance, he must give the seller a reasonable period after the ten-day period in accordance with Section 2 of this section has expired Set delivery. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 25% of the agreed purchase price in the case of slight negligence. If he is an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded. If the seller becomes unable to deliver by accident while he is in default, he is liable with the liability limitations agreed above. The seller is not liable if the damage would have occurred even if delivery had been made on time.
- If a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or the delivery period is exceeded. The buyer's rights are then determined in accordance with section 2, sentence 3 and section 3 of this section.
- Reservation of self-delivery: If the seller does not deliver himself, although he has placed congruent orders with reliable suppliers, the seller is released from his obligation to the buyer and can withdraw from the contract. The seller is obliged to inform the buyer immediately about the unavailability of the service and to reimburse any consideration already paid by the buyer without delay.
- Force majeure or operational disruptions occurring at the seller or his supplier, which temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed period, change the figures 1 to 4 of this section for the duration of the service disruptions caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract.Other rights of withdrawal remain unaffected
- The buyer is obliged to accept the purchase item within eight days of receipt of the notification of readiness. In the event of non-acceptance, the seller can make use of his statutory rights.
- If the seller demands damages based on a legal claim, this amounts to 10% of the purchase price. The compensation is to be set higher or lower if the seller can prove higher damage or the buyer proves that less damage or no damage at all has occurred.
- Reservation of title
- The object of purchase remains the property of the seller until the claims due to the seller on the basis of the purchase contract have been settled. If the buyer is an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, the retention of title also remains for claims of the seller against the buyer from the current business relationship until settlement of claims due in connection with the purchase. At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims related to the purchase item and there is adequate security for the remaining claims from the current business relationship.
- If the buyer defaults on payment, the seller can withdraw from the purchase contract. If the seller is also entitled to compensation instead of performance and if he takes back the object of purchase, the seller and buyer agree that the seller pays the normal sales value of the object of purchase at the time of taking it back. At the request of the buyer, who can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert will determine the normal sales value at the buyer's option. The buyer bears all costs of taking back and recycling the object of purchase. The exploitation costs amount to 5% of the normal sales value without proof. They are to be set higher or lower if the seller can prove higher costs or the buyer can prove that lower costs or no costs at all were incurred.
- As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor allow third parties to use it by contract.
- Material defect
- Claims of the buyer due to material defects become statute-barred in the case of new vehicle parts in one year from the time of handover of the object of purchase, if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity. The sale of used vehicle parts within the meaning of sentence 1 takes place under exclusion of any liability for material defects. If the buyer is a natural person who concludes the sales contract for a purpose that cannot be attributed to their commercial or independent professional activity (consumer), claims of the buyer due to material defects in new vehicle parts expire in two years, in used parts in one year , in each case from the time the object of purchase is handed over.Further claims remain unaffected insofar as the seller is legally liable or something else has been agreed, especially in the case of assuming a guarantee
- The buyer has to assert claims for material defects with the seller. In the case of verbal notifications of claims, the buyer is to be given a written confirmation of receipt of the notification.
- Replaced parts become the property of the seller.
- Section V, material defect does not apply to claims for damages; Section VI Liability applies to these claims.
- If the seller has to pay for damage caused by slight negligence due to the statutory provisions, the seller is liable to a limited extent: The liability only exists in the event of a breach of essential contractual obligations, such as those caused by the Purchase contract wants to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the purchase contract in the first place and compliance with which the buyer regularly trusts and may trust. This liability is limited to the typical damage that was foreseeable when the contract was concluded. Insofar as the damage is covered by an insurance taken out by the buyer for the damage in question (excluding sum insurance), the seller is only liable for any associated disadvantages for the buyer, e.g. higher insurance premiums or interest disadvantages until the damage is settled by the insurance company. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the purchase contract, is exercising his commercial or independent professional activity, and claims for damages due to material defects are asserted after one year after delivery of the object of purchase, The following applies: The above limitation of liability also applies to damage caused by gross negligence, but not in the case of grossly negligent causes by legal representatives or executives of the seller, and also not to damage caused by gross negligence caused by the buyer for the person concerned Insurance that has been taken out is covered.
- Regardless of whether the seller is at fault, any liability on the part of the seller in the event of fraudulent concealment of the defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act remains unaffected.
- Liability for delay in delivery is finally regulated in Section II.
- The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded. For damages caused by you with the exception of the legal representatives and executive employees through gross negligence, the limitation of liability for the seller applies accordingly.
- The limitations of liability in this section do not apply to injury to life, limb and health.
VII. Cancellation instructions in the remote parts section
If this contract was concluded with the exclusive use of a means of distance communication in accordance with §312b BGB (by phone, email, purchase via online shop), you have the following right of withdrawal:
You can revoke your contract declaration within 14 days without giving reasons in writing (by letter or email) or by returning the item.The period begins after receipt of this instruction, but at the earliest with the handover of the purchased item. To meet the withdrawal deadline, it is sufficient to send the revocation or the item to the seller in good time. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (by letter or email). For this purpose, we provide you with a sample cancellation form on the following page. You can use this, but you don't have to. The revocation must be sent to: MKR Engineering GmbH, Hauptstraße 8, 53539 Kelberg, firstname.lastname@example.org
Exclusion of the right of withdrawal
This right does not exist in the case of distance sales contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs (according to § 312 d Paragraph 4 No. 1 BGB). Furthermore, the right of withdrawal is expressly excluded if the goods are purchased commercially.
Consequences of revocation
In the case of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the service received to us or only in a deteriorated condition, you must pay us compensation insofar as the deterioration of the item is due to handling of the item that goes beyond an examination of the properties and functionality . "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop, for example. The installation and / or commissioning as well as all other circumstances that impair the value of the item are therefore to be reimbursed by you in the event of an effective cancellation. This also applies to customer services received and guarantees. In the event of an effective cancellation, you have to hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us about the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The return shipping costs are borne by the buyer. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the sending of your declaration of revocation, for us with its receipt. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. The value of a voucher will not be reimbursed if you return goods that have been paid for in whole or in part with the voucher within the scope of the statutory right of withdrawal.
VIII. Acceptance of means of payment
The acceptance of means of payment of any kind by the seller does not mean automatic acceptance of the contract. This applies to all payment methods.
- Contract changes and ancillary agreements
Changes to the sales contract, especially handwritten or verbal agreements, only become effective with written confirmation by the seller. This provision is implicitly cured upon delivery and payment of the item, in accordance with the change request. There are no side agreements. Changes, additions and side agreements must be made in writing to be effective. This also applies to a change in the written form requirement.
- Place of jurisdiction
1.For all current and future claims from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction is the registered office of the seller
- The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, has moved his domicile or habitual abode outside of Germany after conclusion of the contract or his domicile or habitual abode is not known at the time the action is brought is. In addition, the place of jurisdiction for claims of the seller against the buyer is his place of residence.
3. Note according to § 36 Consumer Dispute Settlement Act (VSBG): MKR Engineering GmbH does not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
- Severability clause
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.
Model cancellation form (in addition to § XII.) If you want to cancel the contract, please fill out the following information and send it back. To:
MKR Engineering GmbH, Hauptstrasse 8, 53539 Kelberg, email@example.com
I / we (*) hereby revoke the contract concluded by me / us (*) as follows:
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s):
Reason for revocation: