Information concerning liability: Public liability applies.
§ 1 Validity of conditions
The following terms apply exclusively to all orders, deliveries and other services, including those under future transactions, even if they are not referred to in an individual case. We emphatically disagree with deviating instructions of the contract partner. The Company JB Autoteile is entitled at any time to change these terms of trade including all possible arrangements with an appropriate term of notice or to complement. Previously detailed orders are worked afterthe then yet valid old general business conditions. Any collateral agreements, amendments or additions to the contract or the conditions of sale, delivery and payment made orally or by telephone must be confirmed by us in writing to be valid.
§ 2 Offer
Our offers are binding. Small deviations to the illustrations or descriptions, details of weight and technical changes compared with our illustrations and descriptions are possible. The current offer looses its validiy with the new site-update. The offers are subject to correction for typing, printing and data transmission errors.
§ 3 Delivery and Payment
To calculate the prices, the prices valid on the day of delivery are decisive, including value-added tax, packaging and transport. The payment terms are expelled in the order form closer. We will inform you about shipping costs as soon as possible, if a big number of goods or additional deliveries are necessary. For C.O.D. deliveries additional fee of 10,00 € within Germany accrues.
Different shipping rates apply for deliveries outside Germany, you can look them up in our table of shipping costs.
The billing amount shall be immediately payable and due for payment without deductions through prepayment or cash on delivery. In case of delayed payment the statutory default interest must be paid, reserving reimbursement for any other damages claims. We are entitled, despite differently worded provisions of the buyer, to initially offset payments against the latter's older debts.
Any counterclaims not acknowledged by us in writing entitle the buyer neither to the retention of payments nor to offsetting them.
§ 4 Delivery Dates, Force Majeure
An agreement on delivery dates and service periods shall require written form.
When failure to meet delivery or performance dates is the result of force majeure, labour unrest, unforeseeable obstacles or other circumstances beyond our control, the delivery period shall be suitably extended
With failure to meet delivery deadlines, for reasons other than those mentioned above, the buyer is entitled to set an appropriate new deadline and, once it has expired without success in regard to the contractually agreed delivery or performance, withdraw from the contract. Compensation claims of the purchaser for non-performance or delayed delivery, even those that have accrued up to the cancellation of the contract, are excluded.
§ 5 Cancellation policy/Right of withdrawal
You have the right to cancel this contract within one month without giving reasons . The cancellation period is one month from the date on which you or a third party named by you, other than the carrier, the last installment or the last piece have taken physical possession of.
You are entitled to withdraw from the contract within one month, without stating any reasons. The cancellation period is one month and takes effect from the date on which you or a third party designed by you, other than the carrier, takes possesion of the last part-consignment.
To excercise the right of cancellation, you have to:
inform by means of a clear statement (ex. by mail, telefax, phone call or email) your trader of your decision to withdraw from the contract. In order to do so, you can use the included standard withdrawal form set, however it is not mandatory. The timely despatch of the revocation or the goods shall be deemed sufficient if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the end of the deadline.
We may withhold the reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
In every case, you have no later than fourteen days to sent the goods back or hand them over, after having informed the trader about your decision to withdraw.
The deadline is met if the goods are sent before the period of fourteen days has passed.
The customer shall pay the costs of the return of goods.
You shall only be liable for any diminished value of the goods, resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
The consequences of cancellation
In case of cancellation of this contract, any payment we received from you will be returned, including delivery costs (except for additional costs resulting from choosing any other type of delivery over the most advantageous standard delivery offered by us) immediately and not later than within fourteen days from the day on which we received the communication of withdrawal. The same means of payment apply for this repayment and for the initial transaction, unless something else was explicitly agreed. In any event, you will not be obliged to pay higher rates because of this repayment.
The legislator puts the following standard withdrawal form to disposal in Appendix 2 relating to Article 246a paragraph 1 clause 2 (1) and paragraph 2 clause 2 (2) EGBGB (Introductory Law to the German Civil Code):
§ 6 Shipment, transfer of risk, return of goods
In all cases the goods are shipped at the expense of the ordering party. Upon the shipment or handover of products to the person responsible for transportation, the risk is passed to the orderer. If the dispatch is delayed through no fault of ours the product will be stored at the expense and risk of the purchaser. In that case the date of notification of their readiness for dispatch is deemed to be the same as the date of dispatch. Dispatch instructions by the buyer will be taken into consideration as far as possible. Any additional costs thus incurred shall be at buyer’s expense. Insurance against transportation damage will only be provided at the request and expense of the buyer.
§ 7 Reservation of ownership
We reserve the right of ownership of all of the delivered goods until all of our claims are paid in full. The goods or the claims taking their place cannot be pledged to third parties or ceded by way of security.
In case of a running account the retained ownership is deemed as security of our balance claim. Reservation of ownership shall also apply to goods resulting from the processing, mixing or combining of our goods in their full amount. The processing, mixing or combining is undertaken for us without any liabilities arising for us as a result. If through processing, mixing or combining with the merchandise of a third party, a third party right of ownership exists, we shall procure joint ownership at the ratio of the amounts invoiced for said goods.
The buyer is required to inform us immediately of seizures by third parties of products delivered under proprietary rights, through registered mail indicating allinformation required for an intervention. Additional costs arising from this which can not becollected by the respective third parties are charged to the customer's account.The purchaser may resell the supplied goods and the goods and products resulting from processing and mixing only in the ordinary course of business. The orderer's account receivable arising from the resale of the reserved goods is hereby assigned to the supplier. The customer remains authorised to collect the receivables. Our authority to collect the receivables ourselves remains unaffected therefrom. We hereby accept this assignment.
The seller is authorized to require an immediate handing out of the goods not resold yet at delay inpayment or financial difficulties of the buyer. Until the handing out the buyer has to store the goods being under property or co-ownership of the seller for this separated from other goods and to indicate property of the seller.
The buyer is obliged to insure the goods at his own risk against damages caused by fire, water and larcenyand to prove the existence ofthe insurance upon the seller‘s request.
Any accessories, for example gift articles, car accessories, warning vests and other things are linked to the purchase of ordered goods. In case of return of the merchandise, the seller may insist on return of the articles or payment of equivalent compensation.
§ 8 Warranty, Liability
The buyer registers complaints at the latest within 14 days after receipt of the merchandise at its destination according to return shipping bill. The buyer is required to make claims for A parcel that arrived damaged directly to the responsible carrier.
Our warranty period for the sale of used goods to end consumer (purchase of consumer goods) as well as the sale outside of consumer goods purchase lasts one year. In addition, the statutory regulations apply.
For any complaint the purchase date must be demonstrated by the relative invoice. The article giving rise to complaint must be sent to us sufficiently franked together with a copy of the invoice. A partial or complete exchange of the article is permissible. If defects are not repaired within an appropriate period, the buyer/would-be purchaser has the right to cancellation of the sale or reduction of the purchase price. Article 676 a BGB (German Civil Code) shall apply. The buyer declares if he or she wishes their goods to be repaired or replaced on the return shipping bill. Replacement occurs prior to the return of the defective item. The subsequent performance is deemed unsuccessful, if when three attempts have not been successful or it proves to be impossible or disproportionate. In such a case, the buyer may withdraw from the contact.
Any additional claims of the customer, no matter on which legal grounds, shall be excluded. Particularly we are not liable for any damagenot resulting to the item itself. For lost profit, reimbursement of wage costs, penalties for delay or other financial losses on the part of the purchaser. Any liability going beyond the liability for damages is excluded. This is valid without taking into consideration the legal nature of the asserted claim. Warranty disclaimers do not apply if the cause of damage is based on intention or gross negligence. The orderer has to right to withdraw from the contract in such cases, but with the exclusion ofall other claims.
§ 9 Installation
The goods supplied by us must be installed by a qualified workshop. This counts especially for gearbox, engine, electronic and similar parts. The components that can be installed by any other workshop are excluded (vehicle bumpers, trim parts). The proper installation of an assembly can be proved by an accredited service and repair workshop.
In the event of doubts, we can grant a written consent for assembly outside of an authorized service center. In the course of installation of the products deleivered by us, the materials (ex motor oil, gearbox oil, hydraulic oil, antifreeze and so on) are subject to renewal, engines with timing belt need to all timing belts renewed.
§ 10 Motorsports/Changes
The components supplied by us are not to be used during motorsports of any kind. This kind of usage, beyond the regular usage in road transport takes place at user’s own risk. The same applies when the components, after the receipt, are modified or repaired by the buyer or other people
Modifications to the original construction of the vehicle (ex. tuning) or installation of accessories which were not authorised by the supplier take place at buyer’s own risk as well.
§ 11 Public Road Transport
The Buyer, prior to the conclusion of the contract, is informed of licensing regulations. In the event of our goods being used in or on vehicles that are authorised for use on the public highway care that all modifications and conversions are inspected and approved in accordance with the statutory requirements and are entered into the vehicle documentation. Some of the products distributed by us are not licensed for driving on public roads in Germany. This equipment not expressly approved the scope of german public road regulations could void the user's authority to operate this equipment. The assembly and operation take place at your own risk. The supplier takes no responsibility for illegal behaviour of the buyer. Out of licensing reasons, no parts can be taken back.
§ 12 Place of performance
Place of performance for all payments is Lippstadt.
§ 13 Place of Jurisdiction
The jurisdiction for all disputes pertaining tothis agreement, to the extent permitted by regulations, shall lie with the courts of Lippstadt. For all terms of business and the entire legal relationship between businesspersons the law of the Federal Republic ofGermany shall apply.
§ 14 Applicable Law
For all terms of business and the entire legal relationship between businesspersons the law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention (CISG) shall not apply.
§ 15 Severability
lf individual provisions of the of these General Conditions and Terms be or become invalid or contestable this shall not affect the validity of the remaining stipulations. The remaining stipulations shall, in contrast,be interpreted in line with the economic intention which was pursued with the invalid orcontestable stipulation.