General terms and conditions
I. Terms and conditions
§ 1 Fundamental provisions
(1) The following terms and conditions apply for every contract that you make with us as the provider (Turbo & DPF Technology GmbH) on the website turbocenter-owl.de. If not agreed differently, the inclusion of your own conditions is not accepted.
(2) Consumer in terms of the following conditions is every natural person who concludes a legal transaction that cannot be assigned to their professional or self-employed activity. Entrepreneur is every natural or legal entity or legal business partnership which exercises its self-employed or professional activity at the time of concluding the legal transaction.
§ 2 Achievement of the contract
(1) The subject of the contract is the selling of goods and/ or the provision of repair services.
(2) Already with the offer of the respective goods on our website we make you a non-binding offer for the conclusion of a contract under the terms in the article description.
(3) The contract is achieved with the shopping cart system as follows: The goods or repair services intended for the purchase are put into the shopping cart. You can click on the appropriate button on the navigation bar and make any changes you want.
After calling up the page “checkout” and the entry of your personal data as well as the conditions of payment and shipping all the ordering data are displayed.
If you use an instant payment system (PayPal/ PayPal Express/ PayPal Plus, Amazon payments, Postpay, Sofortüberweisung) you are either directed to the page with an overview of all your orders in our online shop or at first to the website of the provider of the instant payment system.
If you are directed to the respective instant payment system, please choose or enter your appropriate data. Afterwards, you are redirected to the overview page in our online shop. Before submitting your order, you have the possibility to check or change every personal details (you may also make use of the function “back” of the browser) or to cancel the purchase. By submitting the order by clicking on the button “send order” you give a binding offer to conclude the contract.
(4) Your inquiries are non-binding. We make you a written non-binding offer (e.g. via e-mail) which you can accept within 5 days.
(5) The processing of the order and the transfer of all the information that is necessary for the conclusion of the contract take place via e-mail partly automated. Therefore you have to make sure that the e-mail address you indicated is correct and that technical problems or the spam filter cannot prevent you from receiving e-mails.
§ 3 Service provision for repairs
(1) Insofar as repairs are subject of the contract, we owe you the repairs that results from the service description. We provide these to the best of our knowledge and in all conscience personally or by a third party.
(2) You are obliged to participate, in particular you have to describe the defect or the device as detailed as possible and to make the defect device available.
(3) You will be responsible for the costs for the shipment to us.
§ 4 Right of retention and retention of title
(1) You can only exercise the right of retention insofar as it is part of the same contractual relationship.
(2) The goods remain our property until complete payment of the purchase price.
(3) If you are entrepreneur, the following additionally applies:
a) The goods remain our property until the complete settlement of all claims from the ongoing business relations. Before the delivery of the property of the reservation goods a mortgage or security transfer are not permitted.
b) You may resell the goods in the proper course of business. In this case, you already now have to assign to us all claims in the value of the invoice amount that arise from the resell, we accept the assignment. You are still authorized to withdraw from the claims. If you do not meet your payment obligations properly, we reserve the right to withdraw from the claims ourselves.
c) If the reservation goods are connected and mixed we acquire co-ownership of the new goods in proportion to the invoice value of the reservation goods to the other processed goods up at the moment of the processing.
d) We oblige to release the securities that we are entitled to upon your request, insofar as the feasible value or our securities exceed the claim to be secured by more than 10%. The selection of the securities to be released are incumbent on us.
§ 5 Guarantee
(1) The full statutory warranty rights apply.
(2) The warranty period of used goods varies from the legal regulation and is one year after delivery of the goods. The yearlong warranty period does not apply to damages resulting from the destruction of life, body or health caused by us and damage caused deliberately or in gross negligence or fraud, as well as recourse claims in accordance with §§ 478, 479 BGB.
(3) If you are entrepreneur, the following applies varying from the first paragraph:
a) Only our own information and the goods description of the producer apply to the quality of the goods shall be deemed to have been agreed, but not other advertisement, public recommendations and statements of the producer.
b) You are obliged to check the goods immediately with the required diligence for deviations in quality and quantity and inform us about obvious defects within 7 days after the delivery in form of a written note (e.g. e-mail), punctual sending shall be sufficient for the observance of the deadline. The same rule applies for defects that are discovered later from the moment of the discovery on. In case of failure to observe the obligation to inspect and claim, the assertion of the warranty claim is excluded.
c) In case of faults we provide a guarantee at our option by repair or replacement. If the elimination of the faults fails, you can demand at your option a price reduction or withdraw from the contract. The elimination of the defects is considered as failed after the second try, if nothing else results particularly from the kind of goods or defect or other circumstances. In case of a repair we do not bear the increased costs that result from the transport of the goods to another location than the fulfillment location, insofar as the transport does not correspond with the intended use of the goods.
d) The warranty period is one year after the delivery of the goods. The shortened warranty period does not apply to damages resulting from the destruction of life, body or health caused by us and damage caused deliberately or in gross negligence or fraud, as well as recourse claims in accordance with §§ 478, 479 BGB.
(4) If you are an entrepreneur, the following applies for repair services contrary to §1:
You are obliged to prove the provided service immediately and with the required diligence and report obvious defects and disturbances within 7 days, having taken note or having had a possibility of taking note in written form (e.g. e-mail); for period keeping the punctual sending will suffice. The same applies for later detected defects after discovery.
In case of violation of the reprimand duty the assertion of warranty claims is excluded.
(5) The warranty only applies to professional installation by a specialist workshop which issues a receipt. Strict adherence to the inspection and maintenance intervals is necessary as well. Damage caused by external influences are excluded from the warranty.
§ 6 Liability
(1) In each case we are liable for damages resulting from the destruction of life, body or health. Furthermore, we are liable in each case of intent or gross negligence, fraudulent non-disclosure of a defect, guarantee of the quality of the object of purchase and in every other case regulated by law.
(2) The liability for defects within the legal warranty regulations depends on the respective regulation in our customer information (part ll) and our terms and conditions (part l).
(3) Insofar as essential contractual obligations are affected, our liability is restricted to typical contractual foreseeable damages in case of slight negligence. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose breach would put the achievement of the contractual purpose at risk as well as obligations that the content of the contract imposes on us for the achievement of the contractual purpose, whose fulfillment make the proper implementation of the contract possible and on whose fulfillment you can rely regularly.
(4) In case of the violation of insignificant contractual obligations the liability in case of slightly negligent violations is excluded.
(5) The data communication via internet cannot be guaranteed to be error-free and/ or available at all times according to the state of the art. Therefore, we are not liable for neither the permanent nor the continuous availability of the website and the service offered there.
§ 7 Choice of law
(1) German law applies. This choice of law only applies to consumers only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived (favourability principle).
(2) The provisions of the UN sales law do not apply expressly.
II. Client information
1. Identity of the seller
Turbo & DPF Technology GmbH
Carl-Miele-Straße 187
33332 Gütersloh
Germany
Telephone: 05241 5275060
E-Mail: info@turbocenter-owl.de
The European Commission provides a platform for extra-judicial dispute settlement online (OS-platform), available at http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion itself and the correction options shall be carried out in accordance with § 2 of our terms and conditions (part l).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the shopping-cart system, the contract data can be printed out using the print function of the browser or backed up electronically. After we have received the order, the order data, the information prescribed by law for distance contracts and the terms and conditions will be sent to you again via e-mail.
3.3. In case of requests that are not submitted via the shopping-cart system you receive the contract data within the framework of a binding offer in written form, e.g. via e-mail, that you can print out or back up electronically.
4. Essential features of the goods or the service The essential features of the goods and/ or the service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices indicated in the respective offers as well as the shipping costs represent the overall prices. They include all the price components including all taxes.
5.2. The purchase price does not include the shipping costs. They can be accessed by clicking on the button marked accordingly on our website or in the respective offer, they are listed separately during the ordering process and have to be paid by you, insofar as a free delivery has not been confirmed.
5.3. The payment methods available to you are shown by clicking on a button marked accordingly on our website or in the respective offer.
5.4. Unless not indicated differently, the demands of payment that arise from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date as well as possible delivery restrictions can be accessed by clicking on a button marked accordingly on our website or in the respective offer.
6.2. If you are consumer it is regulated by law that the risk of the accidental disappearance and the accidental deterioration of the object of sale during shipping shall be passed to you only with the handover of the goods to you, regardless of whether the shipment is insured or uninsured. This rule does not apply if you are an independent transport company not designated by the entrepreneur or if you have charged any other person with the execution of the shipment. If you are an entrepreneur, the delivery and shipment takes place at your risk.
7. Statutory warranty rights
7.1. The liability for defects for our goods and repair services depend on the regulation “warranty” in our terms and conditions (part l).
7.2. As a consumer, you are requested to check the goods immediately after the delivery for completeness, obvious defects and damages in transit and communicate complaints to us and the forwarder as soon as possible. If you do not follow these requirements, it does not have any impact on your statutory warranty claims.
These terms and conditions and customer information were written by lawyers of the Händlerbund specialized in IT law and are permanently checked for their legal conformity. The Händlerbund Management AG undertakes for the legal certainty of the texts and are liable in case of warnings. You find further information about this following this link:
http://www.haendlerbund.de/agb-service.
Last Update: 28.09.2016
