§ 1 Basic provisions
§ 2 Conclusion of the contract
- The following terms and conditions apply to all contracts that you conclude with us as a supplier (Thomas van den Bosch) via the website www.tvdb-parts.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
- A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 3 Right of retention, reservation of title
- Subject of the contract is the sale of goods.
- Already with the placement of the respective product on our website we submit a binding offer to conclude a contract under the conditions stated in the item description.
- The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". By clicking the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective immediate paying system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store. Before submitting your order, you have the opportunity to check all details again, to change them (also using the "back" function of your internet browser) or to cancel the purchase. By submitting the order via the "buy" button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
- Your requests for quotations are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
- The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 4 Warranty
- You can only exercise a right of retention if it concerns claims from the same contractual relationship.
- The goods remain our property until the purchase price has been paid in full.
- If you are an entrepreneur, the following applies in addition:
- We reserve the right of ownership of the goods until the complete settlement of all claims from the current business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or assignment as security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Choice of law
- The statutory rights of liability for defects exist.
- As a consumer you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
- If you are an entrepreneur, the above warranty regulations are not applicable:
- Only our own information and the manufacturer's product description are considered to be agreed as the quality of the item, but not other advertising, public promotions and statements of the manufacturer.
- In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the rectification of defects fails, you can choose to demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
- The warranty period is one year from delivery of the goods. The shortening of the warranty period does not apply
- for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects.
- German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
- The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
- Identity of the seller
- Thomas van den Bosch
- Dr.-Friedrichs-Ring. 10
- 08056 Zwickau
- e-mail: email@example.com
- Phone: + 49 375 44797817
- Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at https://ec.europa.eu/odr.
- Information on the conclusion of the contract
- The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
- Contract language, contract text storage
- Contract language is German.
- The complete contract text will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
- In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
- Essential characteristics of the goods or services
- The essential characteristics of the goods and/or services are to be found in the respective offer.
- Prices and terms of payment
- The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
- The resulting shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery is promised.
- The payment methods available to you are shown under a correspondingly marked button on our website or in the respective offer.
- Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
- Terms of delivery
- The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
- As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
Sample revocation form
- Legal liability for defects
- Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings.
Further information can be found at: https://www.haendlerbund.de/ agb-service.
(*) Delete as applicable.
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
last update: 07.02.2020