This Agreement is provided as a courtesy only. Only the German version of this Agreement shall apply, and in no event shall the translated language version of this Agreement be construed to alter the German version of this Agreement or otherwise regulate the relationship of the parties to this Agreement.
Autoteile di Francesco
Owner: Claudio di Francesco
73466 Lauchheim, Germany
Tel. + 49-7363-919336
Mobile: + 49-173-7261289
VAT ID no. DE156710075
§1 Validity of the Conditions
1. The following conditions apply to all offers, deliveries and services of the Seller.
2. Special agreements and subsidiary agreements only become valid if they are confirmed by us in writing. In all other respects these General Terms and Conditions apply.
§ 2 Offer, price, order, conclusion of contract
1. All offers on our website are free. A contract is only concluded with an order confirmation in text form or delivery by us. Unless otherwise agreed, the customer is bound to orders for 30 days.
2. We are only contractual partners of a purchase contract, if within the order process over the Internet it is not expressly pointed out that there is no placing of an offer to third parties.
3. All prices include all taxes and other price components. Shipping and handling charges are additionally included, up to a goods value of 100.00 EUR we calculate a shipping cost of 6.00 EUR, from 100.00 EUR value of goods will be delivered free delivery within Germany. In the case of deliveries from Internet auctions, the shipping charges stated there shall apply irrespective of the value of the goods.
Foreign deliveries are generally not delivered free of charge, here our prices apply for foreign deliveries.
§ 3 Revocation instruction
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has possessed the last product. The right of revocation is expressly excluded in the cases of § 312 g para. 2 BGB (eg delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which clearly refers to the personal needs Of the consumer, for example complete wheels).
To exercise your right of revocation, you must contact us (Autoteile di Francesco, owner: Claudio di Francesco, Kapellenweg 4, 73466 Lauchheim, Tel .: +49 (0) 7363-919336, Fax: +49 (0) 7363-919302, Mail: firstname.lastname@example.org) by means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise with you; In no case will you be charged for these repayment charges. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days. They bear the immediate cost of returning the goods. They shall only be liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
§ 4 Delivery time, partial delivery, risk transfer
1. Information on the delivery date is non-binding on the part of the seller and is merely a non-binding estimate.
2. The Seller shall at all times be entitled to deliver as well as to make partial deliveries insofar as this is reasonable for the Purchaser. Part deliveries can be invoiced immediately by the seller.
3. The delivery is at our risk, the risk passes to the buyer upon receipt of the delivery.
§ 5 Warranty, Inspection and Notification Obligations
1. Within the scope of the following provisions, the seller guarantees that deliveries and services are free from defects in the sense of the guarantee and, if such commitments have been made, the agreed specifications and assured characteristics are observed.
2. The duration of the guarantee is 24 months. A guarantee for normal wear is excluded. The commencement of the warranty period is the receipt of the goods by the buyer.
3. If the seller is not willing or unable to rectify the defect / replacement delivery, the latter is delayed beyond reasonable periods for reasons for which he is responsible or if the defect / replacement delivery fails in any other way, of his choice to revoke the contract (withdrawal) or to demand a corresponding reduction of the remuneration (reduction).
4. The warranty shall be void if the purchaser undertakes interventions or repairs by himself or by others, if the defect is based on this.
5. No new warranty periods will be entered into by means of an exchange within the scope of the warranty; § 203 shall remain unaffected.
§ 6 Payment, delay of payment
1.Deliveries are made in advance or cash on delivery. In the case of delivery against prepayment, delivery shall be made on the first working day after crediting the invoice amount on our account. In the case of delivery against COD, costs of EUR 6,90 will be charged to the buyer. In addition. Deliveries abroad are made with advance payment, in this case the buyer has to ensure that the full invoice amount is provided free of charge, possible charges and bank charges are at the expense of the buyer. Partial payment is possible in the EU and Switzerland COD.
2. Deliveries against open invoices shall only be made to authorities based in Germany.
3. If the customer is in default with a payment in whole or in part for more than 30 days, if he leaves bills of exchange or checks in protest, or if an application is made to open insolvency proceedings against his assets, the Seller shall be entitled, without prejudice to other rights, To make immediate payments to the customer, to withhold all deliveries or services and to assert all rights arising from the proprietary reservation.
4. In addition, the seller is entitled to charge interest on arrears at a rate of 5% above the respective base rate of the ECB according to the discount transfer law. The assertion of a higher damage incurred by the seller remains unaffected. The customer has the right to prove that the seller is not or less damages.
5. The customer can only set off against claims of the seller if his claim is undisputed or legally established.
6. Bills of exchange or checks shall be accepted only upon agreement and for the sake of fulfillment, and shall only be deemed as payment after their payment.
§ 7 Reservation of title
1. The Seller reserves the title to delivered goods until full payment.
§ 8 Liability and Limitations of Liability
1. Claims for damages against the seller are excluded irrespective of the legal grounds, in particular due to default or impossibility, infringement of advisory and contractual subsidiary obligations, pre-contractual obligations, positive contractual infringement and unauthorized actions, unless the seller has acted intentionally or with gross negligence or the Compensation claims result from the infringement of an assured property.
2. Insofar as the seller is liable, the compensation claim is limited to the foreseeable damage. In any case, compensation for consequential damages such as loss of profit is excluded.
3. If and insofar as the liability of the seller is excluded, this also applies to the personal liability of the seller's employees, employees, employees, representatives and vicarious agents.
§ 9 Place of Performance, Jurisdiction
1. The place of performance for all claims arising from the contract between the customer and the seller is the place of business of the seller.
2. In the event that the customer is a merchant or a legal person of public law, the place of business of the seller shall be the exclusive court of jurisdiction. We are also entitled to sue at the buyer's place of business
3. In commercial transactions with consumers, the place of residence of the final consumer is also responsible for disputes arising from this contract.
§ 10 Data Protection
We only store the data necessary for processing, further data and other information, which are known to us, will not be saved. The data necessary for the processing are the address data of the buyer in order to be able to send the goods and for possible contact with the customer for the clarification of order details. In addition, the data are neither used by us, nor made available to third parties.
In detail, we store the following data:
-Country, postal code and place
-Other necessary, contact details such as e-mail address and / or telephone number
On request, we will delete the personal data from our data processing systems, just send us a message to us by e-mail, telephone, or letter. Once all transactions have been made from the purchase, the data can then be deleted. These transactions include the complete delivery and the agreed full payment of the purchase price and the agreed delivery costs. Deletion shall be effected before the end of the financial year as of 31.12. of a calendar year in the form of removal of the personal data from our system by overwriting with data that does not allow any conclusions to the person after the end of the calendar year in the accounting is then changed to the 1.1. The calendar year, the record is completely removed. Data in paper form (invoices, printed journals, etc.), which are subject to a statutory retention period, can not be destroyed until these deadlines have expired. This amounts to 10 years from the end of the respective financial year, in our case from 31.12. of a calendar year.
§ 11 Applicable law, effectiveness, written form
1. Amendments and additions to the provisions contained in these terms and conditions require the written form and the agreements in the purchase contract to be effective. Verbal collateral agreements bind the seller only after written confirmation.
2. Should one or more provisions of the delivery contract or these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
3. In the case of mandatory consumer-law provisions, the right in the consumer's place of residence is also applicable to consumers.
4. The General Terms and Conditions may be amended by the seller at any time and adapted to changes in the law.
ELECTRICAL AND ELECTRONIC EQUIPMENT
(Law on the placing on the market, the withdrawal and the environmentally acceptable disposal of electrical and electronic equipment)
Manufacturers must return old electrical appliances, which have been placed on the market since 13 August 2005, free of charge. Manufacturers must mark their electrical and electronic equipment placed on the market after 23 November 2005 by means of a symbol (dashed waste bin on wheels). As a dealer, we are obligated by law to notify you that such waste is not to be disposed of as unsorted municipal waste, but must be collected separately and disposed of through the local collection and return systems. According to the law "ElektroG" of March 23, 2005, we sell only electrical and electronic equipment from manufacturers, which have registered accordingly with the competent authority and can provide an insolvency-proof guarantee for the financing of the withdrawal and disposal of their electrical appliances.
As a final consumer, you are legally obliged to return or properly dispose of used batteries. Disposal in domestic waste is expressly prohibited according to the battery law. The batteries purchased from us can be handed over to us free of charge or sent to us free of charge. In addition, you can dispose the batteries free of charge at collection points in the trade or municipal collection points after use. Batteries containing pollutants shall be provided with one of the following symbols of the heavy metal which is responsible for the classification as pollutant: Cd = cadmium, Hg = mercury, Li = lithium, Li-ion = lithium ions, Mh = metal hydride, Ni = nickel, PB = lead, Zn = zinc
Lauchheim, December 24th 2021