Terms and conditions
Owner: Sascha Egermann
Am Lautberg 2
09376 Oelsnitz / Erzgebirge
Phone: (+49) 0176 244 588 89
VAT Identification Number: DE298943314
§ 1 scope and contractual basis
The contract for the delivery of goods concluded between you as a buyer and us as a seller is subject to the following terms and conditions.
All agreements between you and us in connection with the contract are based in particular on these terms and conditions, our written order confirmation and our declaration of acceptance.
Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximately authoritative insofar as the information contained therein has not been expressly designated by us as binding.
§ 2 Conclusion of contract
The seller makes an excerpt of his assortment on his homepage, ia. This is a reference list of already produced products. Since these are individually manufactured products, the buyer, if interested in a product, contacts the seller via contact form, telephone or e-mail.
The seller sends the buyer an order form and thus makes a binding offer. The buyer may accept this offer within 5 working days by expressly accepting acceptance, e.g. explained by e-mail. After an uneventful expiry of the 5 working days, the provider is no longer bound by his offer.
The final contract is in German.
§ 3 prices; payment
Our prices include packaging costs and VAT. Delivery and shipping costs are included in our prices, however, only if this has been a separate agreement with you.
The purchase price owed is payable within 10 days without deduction after our invoice has been received. Unless otherwise expressly agreed, we deliver only against payment in advance, payable by bank transfer or PayPal. At the request of the customer, we also deliver the products against cash payment in our business premises in 09376 Oelsnitz, Am Lautberg 2.
If you are in default of payment, we are entitled to demand interest of 5% above the respective base interest rate of the European Central Bank (ECB) from this point in time. We reserve the right to prove higher damage.
§ 4 delivery and service time
Our delivery dates or delivery times result from the respective information in the order form.
If we culpably fail to comply with an expressly agreed delivery date or a delivery period expressly agreed as binding, or if we are in default for any other reason, you must set us a reasonable grace period to effect our services. If we let this grace period pass without result, you are entitled to withdraw from the contract of sale.
Subject to the restrictions according to the following § 5 we are liable to you in the
Remaining in accordance with the legal provisions, if the contract is a fixed transaction, or you are entitled due to a delay in delivery, we are responsible, to invoke the cessation of your interest in the performance of the contract.
We are entitled to partial deliveries and partial services at any time, provided this is reasonable for you.
§ 5 Rights in case of delay and defects; liability
Insofar as the delivered item does not match that agreed between you and us
If he or she does not qualify for the conditions required by our contract or if he / she generally does not use the features that you expect after our public statements, then we are obliged to remedy the defect. This does not apply if we are entitled to refuse supplementary performance due to the statutory provision.
The supplementary performance is made at your option by removing the defect (repair) or delivery of new goods. You must grant us a reasonable period for subsequent performance. During the supplementary performance you are not entitled to reduce the purchase price or to withdraw from the contract. If we have twice tried the repair in vain, this is considered as failed. If the supplementary performance has failed, you are entitled to choose to reduce the purchase price or withdraw from the contract.
You can only claim for damages due to a defect if the supplementary performance has failed. Your right to claim further damages in accordance with the following paragraphs remains unaffected.
We are liable according to the legal regulations for damage to life, body and health
Health, on a culpable breach of duty by us, our legal
Representatives or our vicarious agents. Furthermore, we are liable under the statutory
Provisions for other damages based on intentional or grossly negligent
Violations of contract as well as malice by us, our legal representatives or our vicarious agents are based. As far as the scope of the product liability law is opened, we are fully liable according to its regulations.
We are also liable in the context of a guarantee of quality and / or durability, provided that we have delivered such with respect to the delivered item. If damage occurs that is based on the fact that the quality or durability guaranteed by us is missing and if such damage does not occur directly to the goods delivered by us, then we shall only be liable if the risk of such damage is evident from our nature and Shelf life warranty is included.
If damage is due to default or due to a defect on the simple negligent breach of a fundamental contractual obligation, ie the simple negligent violation of an obligation whose fulfillment makes the proper execution of the contract in the first place and on whose compliance you as a buyer can rely on regularly, so is Our liability is limited to the damage foreseeable at the time of the conclusion of the contract and typical for the contract. The same applies if you are entitled to damages instead of performance.
Further liability claims against us do not exist regardless of the legal nature of your claims against us. This does not affect our liability according to paragraph 3 above.
For entrepreneurs, the warranty period for products delivered by the seller is 12 months.
§ 6 Retention of title
The delivered goods (reserved goods) remain our property until complete payment of all claims from this contract.
§ 7 Cancellation Policy
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the seller subsequently informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
You have the right to withdraw from 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, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (PartsHaus24, owner: Sascha Egermann, Am
Lautberg 2, 09376 Oelsnitz, phone 017624458889, firstname.lastname@example.org) by means of a unique
Statement (such as a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we will provide you with all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the one we offer, most favorable
Standard delivery), immediately and no later than fourteen days from the date on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We can the
Refuse repayment until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. The cost is estimated at a maximum of about 159 EUR.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
About the model withdrawal form the seller informs under the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
-An PartsHaus24, Owner: Sascha Egermann, Am Lautberg 2, 09376 Oelsnitz, Phone 017624458889, email@example.com
– Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
-Posted on (*) / received on (*)
-Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only on paper)
(*) Delete as appropriate.
§ 8 Final Provisions
Contracts between the seller and the buyer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. A consumer from a state other than the Federal Republic of Germany can always rely on mandatory consumer protection rights of the state in which he usually resides.
If the buyer is a merchant, a legal person of the public
Legal or public special assets, jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the seat of the seller.
The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole,
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