GTC
General Terms and Conditions
1. Scope of Application
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Vis-à-vis entrepreneurs, these GTC also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.
2. Contractual Partner, Conclusion of Contract
The purchase contract is concluded with ClassParts GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you have chosen:
Cash on Delivery
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Payment in Advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we provide you with our bank details.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After submitting the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
Sofort
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.
Cash on Collection
We accept your order by sending a declaration of acceptance in a separate email within two days.
3. Contract Language, Storage of Contract Text
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our GTC by email. You can view the contract text in our customer login area.
4. Delivery Conditions
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
5. Payment
The following payment methods are generally available to you in our shop:
Payment in Advance
If you select the payment in advance method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
Cash on Delivery
You pay the purchase price directly to the deliverer. Additional costs of 4 Euro apply.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the payment method PayPal, you must be registered there or register first and legitimize yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
If you have chosen the payment method Credit Card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as the legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process.
If you have chosen the payment method Direct Debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you issue PayPal with a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
If you have chosen the payment method Invoice, you do not have to be registered with PayPal in order to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with debt-discharging effect. For payment processing via PayPal – in addition to our GTC – the GTC and the privacy policy of PayPal apply. Further information and the complete GTC of PayPal for purchase on account can be found here: httpss://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_DE.
Sofort
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account activated for participation in Sofort with PIN/TAN procedure, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out by Sofort immediately afterwards and your account will be debited.
Cash on Collection
You pay the invoice amount in cash upon collection.
6. Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, the following applies in addition: We reserve the right to ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale to us in advance in the amount of the invoice amount – irrespective of any combination or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport Damage
For consumers, the following applies:
If goods are delivered with obvious transport damage, please complain about such faults to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give the notice regulated therein, the goods shall be deemed to have been approved, unless it involves a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless explicitly agreed otherwise below, the statutory law on liability for defects applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 BGB (German Civil Code) remain unaffected.
Vis-à-vis entrepreneurs, only our own specifications and the manufacturer's product descriptions which were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, insofar as agreed
insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the event of guarantee promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here httpss://ec.europa.eu/consumers/odr/.
We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
GTC created with the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke Lawyers.
Classparts GmbH