Conditions of Use

 

General Terms and Conditions for Used Car Spare Parts about

Golf2Manufacture UG  iG.
HRB: Hauptstraße 17
19273 Wehningen

§ 1 Scope of application

    Our sales conditions apply exclusively. Terms and conditions of the purchaser which deviate from our terms and conditions of sale shall not be valid. Additional agreements require a written confirmation by us.
    For entrepreneurs, the following terms and conditions shall apply to all future deliveries without these having to be expressly agreed again.

§ 2 Conclusion of the contract

    Our purchase offers are non-binding and can be ordered by the customer via Internet: mk2.shop, e-mail, telephone, fax or letter. The order is a binding offer and becomes legally effective upon receipt by fax, letter or e-mail. A purchase contract is concluded when we confirm the order in writing or by e-mail.
    Our offers are used spare parts which are professionally dismantled by us and checked according to defined quality criteria.
    Compliance with our delivery obligation requires the availability of the ordered goods. In the event of non-availability, the customer will be informed immediately. A guarantee for a fundamental availability of requested used parts is not taken over.

§ 3 Data protection

    In order to process and execute an order, we must collect and store personal data. We guarantee the strictly confidential treatment of the collected data within the scope of what is technically possible. In particular, we undertake not to pass this data on to third parties who are not involved with the order and delivery. With the storage of personal data, the customer agrees to the conclusion of the contract on the basis of these terms and conditions.

§ 4 Prices and Terms of Payment

    Our prices are final prices. They include the currently valid value added tax, other taxes and price components. Discounts or other rebates are only granted within the scope of offers.
    Payment is usually made in cash, cashless or cash on delivery. Cash on delivery charges shall be borne by the buyer.

§ 5 Shipping costs per order

    The customer pays the shipping costs regardless of the order value. If the customer returns the goods to us on the basis of a revocation and right of return for consumer contracts, the customer shall bear the regular costs for the return, unless the delivered goods do not correspond to the ordered.
    If a customer orders articles selected by him from our shop by cash on delivery and this does not accept the delivery then for any reason we require compensation for the freight and cash on delivery costs as well as an additional handling fee at the rate of 15, - Euro per transaction.

§ 6 Delivery and delivery time

    We intend, without entering into any legal obligations, to deliver the goods to the customer within the specified delivery times (in working days) from receipt of payment. This is not always possible, as many parts are only dismantled after the order. In this case the delivery time will be extended again by 10 working days. Saturday is not a working day.
    Delays in delivery and performance as a result of force majeure, such as currency and trade policy or other measures, strikes, lockouts, as well as operational disruptions, such as fire, obstruction of traffic routes or similar circumstances beyond our control shall initially result in an appropriate extension of the delivery period. The aforementioned circumstances release us from the delivery obligations entered into for the duration of the hindrance. These circumstances also entitle us to withdraw from the contract.
    We are entitled to partial deliveries and partial services at any time, unless the customer has rejected these in writing.
    Transport packaging shall be taken back in accordance with the packaging regulations; pallets shall be excluded. Pallets shall only be taken back against reimbursement of the pallet charges incurred.
    The delivery times specified by us in workdays or working days are only a guideline. Articles which we have to dismantle on customer's order because another type of storage is not possible do not entitle the customer to withdraw from the concluded sales contract even if this is more than 30 days overdrawn.

§ 7 Acceptance of the goods

    The customer shall be obliged to accept the goods if they are received within the periods specified in § 6 and if they are free of defects which impair their usability. Other recourse claims are excluded.
    If acceptance is culpably refused, we may set a grace period of 8 working days. If the grace period expires without result, we shall be entitled to withdraw from the contract and claim damages for non-performance. The compensation amounts to 15% of the agreed purchase price, unless we prove a higher damage or the customer a lower damage. This also applies in particular to parts which have been specially dismantled to the customer's order and which are not collected on time by the buyer at the customer's request against collection by the customer with the agreed collection date. If, in such a case, advance payment or collection by the customer does not take place within 8 working days, we shall demand compensation in the amount of 20% of the order sum. If more than 14 days have elapsed since the order was placed by the customer, any period of revocation will be cancelled because the customer culpably let this period elapse.

§ 8 Retention of title

    We reserve title to the object of sale until receipt of all payments under the contract. In the case of a current account, the existing ownership shall be deemed as security for the balance. In commercial transactions, the retention of title extends to all claims which we have against the customer, irrespective of the legal basis.
    Any processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other processed objects at the time of processing.
    If the object of sale is mixed with other objects not belonging to us, we shall acquire ownership of the new object in the ratio of the value of the object of sale to the other mixed object at the time of mixing. If the customer's item is to be regarded as the main item, the customer shall transfer proportionate co-ownership to us. The new item is not the main item within the meaning of § 947 II BGB (German Civil Code).
    Other disposals of the goods subject to retention of title are not permitted. The customer must immediately notify us in writing or by e-mail of any attachments or other interventions by third parties.
    If the value of the securities exceeds our claims by more than 20 %, we shall release securities at the customer's request at his discretion.
    If the customer acts in breach of contract, we shall be entitled to take back the object of sale and, after giving notice and setting a deadline, to sell the object of sale on the open market, offsetting the proceeds from the sale against the purchase price. The customer shall bear the costs of taking back and selling the goods. The exercise of our rights from the reservation of title does not mean the withdrawal from the contract, unless it is a consumer credit transaction. In this case, the provisions of §§ 346ff BGB (German Civil Code) regarding consumer credit agreements shall apply.

§ 9 Warranty

    All descriptions of appearance, illustrations, performance, dimensions and weight on which the goods are based are quality specifications. They do not represent warranted characteristics. They serve as a yardstick for determining whether the object of purchase is free of defects.
    Within the framework of the statutory provisions, we assume the warranty for the functionality of the goods at the time of transfer of risk, provided that the goods are professionally installed within 4 weeks of transfer of risk.
    The warranty period for used spare parts according to § 2 paragraph 2 point a) is one year from transfer of risk.
    Defects must be notified in writing by the customer with immediate cessation of processing. For companies, the customer is not entitled to withhold - not even partially - the purchase price or to offset counterclaims. Warranty claims must be asserted in court at the latest 1 month after our written rejection.
    We reserve the right to commission an independent expert to examine the alleged defects. If the customer's complaint proves to be unfounded, the customer shall bear the costs for necessary transport, expert opinions and other work incurred.
    We shall not assume any dismantling and installation costs in connection with the performance of warranty work.
    The return and/or complaint of goods can only be carried out on presentation of the receipt, the original invoice and the identification clearly originating from Golf2Manufaktur, such as label or colour code.

§ 10 Limitations of liability

    Within the framework of the fulfilment of the order, we shall only be liable for material damage and financial loss if we or one of our employees can be accused of intent or gross negligence. In the event of breach of cardinal obligations, we shall also be liable for slight negligence.
    Liability for loss of profit due to direct or indirect consequential damage is expressly excluded, unless we or one of our employees can be charged with intent or gross negligence.
    Claims of the customer against us which are based on indispensable statutory provisions, e.g. the Product Liability Act, shall remain unaffected by the aforementioned provisions.
    We shall only be liable for damages of any kind arising as a result of a violation of statutory data protection regulations if we or one of our employees can be accused of intent or gross negligence.
    We shall only be liable up to the value of the order, except in the case of personal injury and damage to property.
    As a buyer, you are a legal entity under public law, a special fund under public law or an entrepreneur who is exercising his commercial or independent activities when concluding the contract, the sale of used vehicle parts shall take place to the exclusion of any liability for material defects.
    Our liability is limited to the amount of the purchase price of the spare part. Any further performance is excluded. Should a repair exceed this amount, we will refund the full purchase price of the spare part. In any case, the purchased item must be delivered free of charge to our address. Sales documents must be submitted. Without proof any claim expires. From the liability we exclude compensation for loss of use, transport costs, as well as any third-party costs and consequential damages. Your old parts will be disposed of immediately in an environmentally friendly manner and free of charge for all parties involved.


 

Back

Parse Time: 0.335s