General Terms and Conditions

1. Scope of Application

The following General Terms and Conditions apply to all orders placed by consumers and entrepreneurs via our online shop.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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.

With regard to entrepreneurs, these Terms and Conditions shall also apply to future business relationships without our 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 Andreas Müller.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. 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 in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract Language, Storage of Contract Text
The language available for the conclusion of the contract is German.

 

The text of the contract is not stored by us.

4. Delivery Conditions

 

Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.

You fundamentally have the option of collection at Fa. Classic Parts, Sägmühlstrasse 27, 82140 Olching, Germany, during the following business hours: Monday to Friday from 10:00 a.m. to 5:00 p.m. except on public holidays. Please inform us at least two working days before your collection so that we can make the goods available from our warehouse.

5. Payment

In our shop, the following payment methods are generally available to you:

Prepayment (Bank Transfer)
If you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on Delivery (COD)
You pay the purchase price directly to the deliverer. Additional costs of 7 Euro apply.

PayPal
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 placing 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.
 

Sofort
After placing 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 immediately afterwards by Sofort 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 title to 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 a 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:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal 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 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 applies. If you omit the notification regulated there, the goods are considered approved, unless it concerns 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 expressly agreed otherwise below, the statutory 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 according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract apply as 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 remedying 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 based on damages caused by us, our legal representatives, or vicarious agents

  • in case of injury to life, limb, or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in case of breach of essential contractual obligations, the fulfillment 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, if agreed
  • as far 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 case of injury to life, limb, or health,
  • in case of intentional or grossly negligent breach of duty,
  • in case of guarantee promises, if agreed, or
  • as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment 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 https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court 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 Sales Convention.

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.