General terms and conditions
Status: January 2017
§ 1 Validity of the Terms and Conditions, Effectiveness
The following terms and conditions apply to all current and future business relationships of the company. derfaller GmbH with its customers, i.e. “consumers” within the meaning of § 13 BGB and “entrepreneurs” within the meaning of § 14 BGB.
We shall only recognize terms and conditions of the Buyer that are contrary to or deviate from our terms and conditions if we expressly agree to their validity in writing.
The Terms and Conditions shall also apply to all future transactions with the Customer, insofar as they are legal transactions of a related nature (as a precaution, the Terms and Conditions should be attached to the order confirmation in any case).
With the order, at the latest with the acceptance of the goods, these GTC are considered accepted by the customer. Verbal or telephonic subsidiary agreements or amendments to the contract, the terms and conditions of sale, delivery and payment shall only be valid if they have been approved by the company. derfaller GmbH are expressly confirmed in writing.
§ 2 Offers, Conclusion of Contract, Delivery Dates, Partial Delivery, Obstacles
Does the company derfaller GmbH on the eBay website an item in the offer format auction, it submits a binding offer to conclude a contract on this item. In the process, the company determines derfaller GmbH a starting price and a period (offer period) within which the offer can be accepted by bid. The bidder accepts the offer by submitting a bid via the bidding function. The bid expires if another bidder submits a higher bid during the bidding period. At the end of the auction or in case of premature termination of the offer by Fa. derfaller GmbH is concluded between the aforementioned Fa. and the highest bidder shall enter into a contract for the purchase of the item, unless the company derfaller GmbH was legally entitled to withdraw the offer and cancel the existing bids. After a justified bid withdrawal, a contract is concluded between the member, who is again the highest bidder after the end of the auction due to the bid withdrawal, and the company. no contract is concluded with derfaller GmbH. The Comp. derfaller GmbH and highest bidder can agree that a contract is concluded.
For the rest, the offers of Fa. derfaller GmbH are always subject to change. On the part of Fa. derfaller GmbH no guarantee is given that the goods are actually available and at the prices stated, unless this has been expressly confirmed to the customer in writing beforehand. Deviations from the illustrations, descriptions, weight specifications, etc. in shape, color and/or weight remain reserved within the bounds of reasonableness.
By ordering the goods, the customer bindingly declares that he wishes to purchase the ordered goods. The Comp. derfaller GmbH is entitled to accept the contractual offer contained in the order within two weeks of receipt thereof, whereby acceptance may be declared either in writing or by delivery of the goods to the Customer.
The conclusion of the contract is subject to the correct and timely delivery by the suppliers of the company. derfaller GmbH, provided that the latter is not responsible for the non-delivery. The customer will be informed immediately about the unavailability of goods. In this case, any consideration already paid by the customer will be returned to the customer without delay.
If the customer orders the goods electronically, the text of the contract is stored by the company. stored by derfaller GmbH and sent to the Customer on request together with these General Terms and Conditions by e-mail or fax. Furthermore, the receipt of the electronic order on the part of the company. derfaller GmbH be confirmed to the Customer without delay, whereby the written confirmation of receipt does not in itself constitute a binding acceptance of the order. However, the confirmation of receipt can be combined with the written declaration of acceptance, i.e. the binding acceptance of the order by the company. derfaller GmbH.
The Comp. derfaller GmbH is entitled to partial deliveries and partial services. Delivery dates and delivery periods stated by it are approximate and non-binding. The agreement of fixed delivery dates therefore requires the written confirmation of the company. derfaller GmbH and are then binding on the customer. If the delivery date is exceeded, the customer is entitled to withdraw from the contract or from the part of the same that has not yet been completed, if he has previously notified the company. has granted derfaller GmbH a reasonable grace period in writing.
The company of derfaller GmbH shall not be responsible for unforeseen delays in delivery and performance due to cases of force majeure and events that make delivery significantly more difficult or impossible, such as operational disruptions in its own business or in the business of the pre-supplier or manufacturer, strike, lockout, transport difficulties, war, etc.. This applies then also obligatorily agreed upon periods and dates. In such cases the company of derfaller GmbH is entitled to extend the delivery by the duration of the hindrance plus an appropriate delivery time or to withdraw completely or partly from the contract.
Claims for damages by the customer (consumer/entrepreneur) are excluded. However, this does not apply in the case of intent or gross negligence on the part of the company. derfaller GmbH.
When exercising the right of revocation, the Buyer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of € 40.00 or if, in the case of a higher price of the goods, the Buyer has not yet made the payment or a contractually agreed partial payment at the time of revocation.
§ 3 Right of return, return shipment, revocation
a) Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph. 1 and 2 EGBGB as well as our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period.
The revocation is to be addressed to:
der faller + co. impex euro new car oHG
Managing Director: Stephan Faller / Edwin Schlägel
Neckarsulmer Str. 21, 74076 Heilbronn
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
(Name, address, fax number and e-mail address of the entrepreneur, if applicable)
I/we hereby revoke the contract concluded by me/us
about the purchase of the following goods / provision of the following service:
(Name of the goods, order number and price, if applicable)
Goods ordered on: ………………………..
Goods received on:………………………..
Name and address of the consumer
Customer signature (only for written revocation)
b) Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a store, for example. You do not have to pay compensation for any deterioration caused by the intended use of the item.
Goods that can be shipped by parcel are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
c) Exclusion of the right of withdrawal
The above right of revocation does not apply to contracts with “entrepreneurs” within the meaning of § 14 BGB.
§ 4 Shipping, acceptance, transfer of risk, transport insurance, exchange,
Return (outside of distance contracts)
The customer is obliged to accept a delivery item. If this is not done intentionally or through gross negligence within 14 days of receipt of the notification of provision, the company shall be entitled to withdraw from the contract. derfaller GmbH shall be entitled to withdraw from the contract or to claim damages for non-performance after setting a grace period of another 14 days. The setting of a grace period is not required if the customer seriously or finally refuses acceptance or is obviously unable to pay the purchase price within this period.
Shipment shall be made at the discretion derfaller GmbH, taking into account the cheapest method of shipment, shipping instructions of the customer, etc., if possible. Any additional costs incurred as a result shall be borne by the customer.
Insurance against damage in transit will be taken out only at the request of the customer on his behalf and for his account.
An exchange of the goods takes place only in individual cases and after prior written confirmation by the company. derfaller GmbH.
In case of unauthorized withdrawal from the contract or refusal to accept the goods, the company may derfaller GmbH to claim damages from the customer in the amount of 20% of the sales price.
The compensation shall be set higher or lower if the Seller proves a higher damage or the Buyer proves that a lower damage or no damage at all has occurred.
§ 5 Packaging / Costs
Postage and packaging costs are borne by the customer. The same applies to the disposal of the packaging; for goods susceptible to glass breakage as well as very bulky goods, the customer will additionally be charged an appropriate flat-rate packaging fee.
§ 6 Retention of title
The Comp. derfaller GmbH retains title to all goods delivered by it. For contracts with “consumers” until full payment of the purchase price and for contracts with “entrepreneurs” until full settlement of all claims arising from the current business relationship.
The retention of title also extends to the products created by processing, mixing or combining the goods, at their full value. If the goods are processed, mixed or combined with goods of third parties and if their ownership rights remain intact, the Comp. derfaller GmbH co-ownership in proportion to the invoice values or amounts of these processed goods.
The entrepreneur may only sell the delivered goods and the items resulting from the mixing or processing in the regular course of business. Receivables from the resale of the goods shall already now be assigned to the company in the amount of the final invoice amount. derfaller GmbH, which hereby already accepts the assignment.
Did the Comp. If derfaller GmbH requests the customer to immediately surrender the goods that have not yet been resold, the customer must return the goods that are the property of faller + co. impex Euro Neuwagen OHG. derfaller GmbH to store goods for them separately from other goods and to mark them as their property.
The pledging or transfer by way of security of the goods or the claims replacing them by the customer is not permitted without the written consent of the company. derfaller GmbH inadmissible. In the case of a current account, the reserved property shall be deemed security for the balance claim.
§ 7 Warranty, Limitation of Liability
For customers who are consumers, a warranty period of one year shall apply to used goods, beginning with the delivery of the goods; exceptions to this shortening of the warranty period are the cases of the absence of a warranted characteristic and fraudulently concealed defects.
For new goods, the warranty period is two years from delivery of the goods.
The warranty is provided in accordance with the statutory provisions, i.e. as a consumer you have a right to subsequent performance (rectification of defects or new delivery at your choice within the framework of the statutory restrictions) and, if the relevant statutory requirements are met, a right to a reduction in price or rescission and compensation for damages; compensation for damages is provided subject to the restrictions set out in these GTC.
For customers who are not consumers (entrepreneurs), the warranty period for new goods is one year beginning with the delivery of the goods; for used goods, the warranty is excluded.
Excluded from this shortening of the warranty period or this exclusion of the warranty are the cases of the absence of a warranted characteristic, as well as fraudulently concealed defects.
Warranty is provided in accordance with the legal provisions of the restriction according to. the provisions § 7 e) – k); compensation for damages shall be subject to the restrictions set forth in § 7 d) of these Terms and Conditions.
c) Requirement of a notice of defects
1) No requirement of a notice of defects for consumers
We ask consumers to notify us of obvious defects in the goods (e.g. transport damage) as soon as possible so that we can take appropriate measures to rectify the defect. However, this is not a prerequisite for your claims due to such defects.
2) Inspection and notification of defects for contractors
Customers who are entrepreneurs and act in this capacity shall inspect the goods/ have them inspected without delay, but no later than 14 days after delivery of the goods, professionally and, if necessary, by evaluating a sufficient number of random samples, and shall notify us of any defects discovered without delay, within the aforementioned period, in text form (e.g. e-mail, fax, letter) to the address stated in § 3 a), giving a precise description of all defects found. If a corresponding inspection and/or complaint is not made, the goods shall be deemed to have been approved with regard to the defects found and such defects that could have been discovered during such an inspection.
Defects discovered later must be reported in an appropriate manner without delay, at the latest within 14 days. If a corresponding complaint is not made, the goods shall be deemed to have been approved with regard to these defects.
Damaged shipments must be claimed by the customer (entrepreneur) at the same time and as a matter of priority with the responsible carrier (e.g. post office, DPD, forwarders, etc.) and asserted there.
d) Limitation and limitation of liability for damages and reimbursement of expenses
Subject to the following exceptions, claims for damages and reimbursement of expenses (hereinafter referred to as claims for damages) against the company. derfaller GmbH shall be limited to the typical and typically foreseeable damage, excluding any loss of profit.
All claims for damages against us shall become statute-barred within one year of delivery of the goods.
These restrictions on content and time do not apply
– in cases of injury to life, body, health and/or
– in case of intent or gross negligence on our part (including our vicarious agents) and/or
– in the event of a breach of material contractual obligations by us or our vicarious agents.
The Comp. derfaller GmbH shall only be liable for damages, in particular due to delay, non-performance, poor performance, positive breach of contract, culpa in contrahendo or tort, in the event of intent or gross negligence. Liability for gross negligence is limited to the damage that is usually and typically foreseeable in such cases. Any further liability for consequential harm caused by a defect is excluded.
If the purchaser is an “entrepreneur”, the warranty for defects of the goods shall initially be at the discretion of the company. derfaller GmbH shall provide warranty by repair or replacement delivery. If the customer is a “consumer”, he shall first have the choice whether the subsequent performance is to be effected by repair or replacement delivery. He has reported this to Fa. to notify derfaller GmbH in writing. Subsequent delivery will only be made after prior return of the defective goods to the company. derfaller GmbH.
The Comp. derfaller GmbH is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance remains without significant disadvantages for the consumer.
If the supplementary performance fails, the customer may choose between a reduction of the remuneration, i.e. a price reduction, or the rescission of the contract, i.e. withdrawal.
However, in the event of a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract.
Subsequent performance, i.e. subsequent delivery or rectification of defects, shall be deemed to have failed if two attempts at subsequent performance have not been successful or if it is impossible or disproportionate.
If the customer chooses to withdraw from the purchase contract after subsequent performance has failed, he shall not be entitled to any additional compensation for damages due to the defect.
If the customer chooses compensation, the goods remain with the customer if this is reasonable. The compensation is then limited to the difference between the purchase price and the value of the defective item.
Claims for damages by customers due to a defect become time-barred after 1 year from delivery of the goods. This does not apply if the Comp. derfaller GmbH can be accused of fraudulent intent.
The customer receives guarantees in the legal sense on the part of the company. derfaller GmbH does not. Manufacturer’s warranties remain unaffected.
§ 8 Non-acceptance, cancellation, non-payment
If the customer refuses to accept the goods or refuses to fulfill the purchase contract, the company. derfaller GmbH the right to claim damages for non-performance of 20% of the agreed purchase price from the Customer instead of performance of the contract.
The compensation shall be set higher or lower if the Seller proves a higher damage or the Buyer proves that a lower damage or no damage at all has occurred.
If the customer requests the cancellation of an order and this request is accepted by the company. derfaller GmbH was accepted, the same applies.
We reserve the right to claim higher damages subject to proof thereof.
§ 9 Place of performance, place of jurisdiction
Place of performance and place of jurisdiction is, as far as it can be legally agreed, 74076 Heilbronn. The same applies if the customer has no general place of jurisdiction or residence in Germany.
For the entire terms and conditions and legal relations of the company. derfaller GmbH and its customers shall be governed by the laws of the Federal Republic of Germany. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 10 Final provisions
Should any provision of these Terms and Conditions or any provision within the scope of other contractual agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
All changes, amendments, cancellations or deviating agreements in the General Terms and Conditions must be made in writing to be effective. This also applies to the waiver of the written form requirement itself.
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