Below you will find the general terms and conditions and shipping information of the company :
Owner Udo Börnemann
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VAT No. 075/208/06215
1) General Terms and Conditions
The following General Terms and Conditions (GTC) also contain legal information about your rights under the rules on contracts in distance selling and electronic commerce.
1 Scope of application
The terms and conditions of Splendid Parts (hereinafter referred to as the Seller) shall apply to all contracts concluded by the Customer with the Seller with regard to the products and/or services presented by the Seller. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
Customers within the meaning of section 1.a are both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
The product representations contained in the online store of the seller serve to submit a legally binding offer by the customer.
The customer can submit the offer in writing, by fax, by email or via the online order form integrated in the Internet store of the seller. When placing an order via the online order form, the customer, after entering his personal data and by clicking the order button in the final step of the ordering process, submits a legally binding contract offer with respect to the goods contained in the shopping cart. Before the binding submission of the order, all entries can be corrected continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
The Seller shall immediately confirm receipt of the Customer's offer by electronic means (fax or e-mail). The Seller may accept the Customer's offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivery of the goods within five days. The Seller is entitled to refuse the acceptance of the order.
The order data will be stored by the seller and can be accessed by the customer after sending his order via the password-protected customer account, provided that the customer has created a customer account in the online store of the seller before sending his order.
Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that 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 by third parties commissioned by the seller to process the order can be delivered.
Beginning of the revocation
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must:
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Fax. 039922-82 3 83
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract.
For this purpose, you can use the enclosed model withdrawal form, which is, however, not mandatory.
You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website [www.splendidparts.de].
If you make use of this option, we will immediately send you (e.g. by e-mail) about the receipt of such a revocation.
To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. otherwise agreed with you; in no case will you be charged for this repayment. You must return the goods immediately and in any case no later than fourteen days days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
3 Prices and terms of payment
The stated prices of the seller are final prices, i.e. they include all price components, including the statutory German VAT (currently 19%). Additional costs may be incurred in individual cases in the case of cross-border deliveries, such as further taxes and/or duties, for example in the form of customs duties.
For national deliveries, the Seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
- 1. cash on delivery
- 2. cash payment upon collection
- 3. purchase on account
For international deliveries, the seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
- 1. prepayment by bank transfer (also paypal)
- 2. purchase on account (for regular customers)
If prepayment is agreed, payment is due immediately after conclusion of the contract.
The customer may exercise a right of retention only insofar as it concerns claims from the same contractual relationship.
The customer is entitled to offset only if the counterclaim is undisputed, legally established or recognized by the seller.
4 Delivery and shipping conditions
Goods are regularly delivered by mail order and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
If delivery to the customer is not possible, the contracted transport company will send the goods back to the seller, whereby the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or if the customer hereby exercises his right of withdrawal.
In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person authorized to receive the goods upon delivery. If the customer is an entrepreneur (he acts in the exercise of his commercial or independent professional activity; 14 BGB), the risk of accidental loss and accidental deterioration in the case of mail order purchases shall pass upon delivery of the goods at the place of business of the seller to a suitable transport person.
With respect to an entrepreneur, all agreed delivery periods shall apply subject to correct and timely self-supply in cases where the Seller has concluded a specific covering transaction and is not responsible for the lack of availability.
5 Retention of title
The delivered goods of the seller remain the property of the seller until full payment.
6 Liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply. Deviating from this
- 1.) an insignificant defect shall in principle not give rise to any claims for defects,
- 2.) the seller has the choice of the type of subsequent performance,
- 3.) in the case of new goods, the limitation period for defects shall be one year from the transfer of risk.
- 4.) in case of used goods the rights and claims due to defects are generally excluded.
- 5.) the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
For consumers the limitation period for claims for defects shall be
- 1.) for new goods, two years from delivery of the goods to the customer.
- 2.) for used goods, one year from delivery of the goods to the customer, with the restriction of clause
For entrepreneurs and consumers, the above limitations of liability and limitation periods in Clause 6.a and Clause 6.b shall not apply to claims for damages and reimbursement of expenses which the Buyer may assert under the statutory provisions due to defects in accordance with Clause 6.
Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB shall remain unaffected. The same shall apply for entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
If the customer is a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
If the supplementary performance is carried out by way of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days at the seller's expense. The return of the defective goods shall be made in accordance with the statutory provisions.
The Seller shall be liable without limitation for any legal reason in case of injury to life, body or health, in case of intent or gross negligence, in case of fraudulent intent and warranty promises and if the liability is based on mandatory statutory provisions, such as the Product Liability Act.
In all other respects the Seller shall be liable, irrespective of the legal grounds, as follows:
- 1) If the Seller has negligently breached an essential contractual obligation (so-called cardinal obligation), the obligation to pay compensation for property damage shall be limited to the foreseeable, typically occurring average damage. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
- 2) If the Seller has negligently violated an insignificant contractual obligation, the obligation to pay compensation shall be limited to the value of the order.
8 Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. The same shall apply if the contractual partner does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
The contract language is exclusively German.
Notes on the Packaging Ordinance
- Our company is a participant in the Dual System of Interseroh SE.