General terms and conditions (GTC) with right of withdrawal
As is generally known, the warranty for used parts is 12 months (excluding electronic / electrical components)!
§ 1. General provisions
(1) the LWR-Shop e.K. (hereinafter LWR-Shop) offers customers (consumers and entrepreneurs) items to buy – namely auto parts, especially conversion kits for conversion to electrical. Headlight range regulation.
(2) The following provisions apply exclusively to all contracts between the LWR-Shop and the customer. The version valid at the time of the conclusion of the contract is decisive. Conflicting terms and conditions of purchase of commercial customers require the express written approval of the LWR-Shop to be valid.
§ 2. Conclusion of contract
(1) In the event of a contract being concluded, the contract is concluded in accordance with the provisions set out in the applicable general terms and conditions.
(2) For orders placed by the customer via the online shop of the LWR-Shop (www.LWR-Shop.de), the following applies to the conclusion of the contract:
a) All offers from the LWR-Shop are subject to change – i.e. the products and services listed within the online shop do not constitute binding offers; it is rather a request to the customer to submit a binding offer to the LWR-Shop.
b) With the order, the customer bindingly declares his contract offer. If the LWR-Shop confirms to the customer that this order has been received, the order is not accepted; however, the confirmation of receipt can be combined with the declaration of acceptance.
c) The LWR-Shop is entitled to accept the customer’s contract offer within three working days of receipt. Acceptance can be declared either by express notification or upon delivery of the goods. Otherwise the customer is no longer bound to his order.
(3) The LWR-Shop reserves the right to deliver something other than the purchased item if this is reasonable for the customer. This applies, for example, to technical changes or changes in weight that do not affect the functionality of the purchased item, as well as minor changes in shape and color of objects for which the design is irrelevant.
(4) The conclusion of the contract is subject to the proviso that in the event of incorrect or improper self-delivery by suppliers, not or only partially. This does not apply if the LWR-Shop is responsible for the lack of self-delivery. In the event of non-availability or only partial availability of the service, the LWR-Shop will inform the customer immediately; in the event of withdrawal, the consideration will be refunded to the customer immediately.
§ 3. CANCELLATION INSTRUCTION
Consumers have a right of withdrawal in relation to the purchased items in accordance with the following instructions:
You can revoke your contract declaration within one month without giving reasons in text form (e.g. letter, fax, email) or by returning the purchased item. The period begins at the earliest on the day after receipt of a cancellation notice to be communicated separately in text form, but not before the day after you receive the goods. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:
Fax: +49 (0) 201/8535806
Register court Essen district court
Commercial register number HRA 10944
VAT ID: DE 119704400
In the event of an effective cancellation, the services received on both sides must be returned and any benefits drawn (e.g. interest) surrendered. If you cannot return the received performance in whole or in part or only in a deteriorated state, you may have to compensate us for the value. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection – as you would have been able to do in a retail store. You can also avoid the obligation to pay compensation by not using the item as an owner and by refraining from anything that affects its value. Items that can be sent as parcels are to be returned at your risk. You have to bear the cost of returning.
Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you when you send your cancellation or the goods, for us with their receipt. We will use the same method of payment for the repayment to you that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment
§ 4. Prices, delivery and shipping costs
(1) The prices listed in the offers are end prices without exception – i.e. They include all price components, including any applicable taxes.
(2) Unless otherwise agreed in individual cases, the prices apply without packaging, freight, postage and – if the customer is an entrepreneur – insurance. When shipping the items, additional delivery and shipping costs are incurred.
(3) If the customer expressly requests (transport) insurance, the LWR-Shop is entitled to invoice the customer for the resulting additional costs.
(4) The customer assures that he has given the correct and complete delivery address. If due to incorrect address data there are additional costs for shipping – such as additional shipping costs – the customer must replace them if he has culpably failed to provide the correct address.
§ 5. Payment methods and conditions
(1) The payment methods listed in connection with the specific offer apply. In addition, payment can be made in cash if the goods are picked up by the customer himself.
(2) The customer must pay all amounts no later than 10 days after receipt of the invoice; the decisive factor is the receipt of the amount at the LWR-Shop. The customer is in default at the latest if he does not pay within 14 days after the due date and receipt of the invoice; this only applies to consumers if they have been specifically pointed out in the invoice.
(3) The customer may only offset undisputed or legally established claims.
(4) The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 retention of title
(1) All goods remain our property until they have been paid for in full.
(2) Insofar as the customer is an entrepreneur, he may process and sell the goods delivered under retention of title in the ordinary course of his business, or consume them to provide a delivery and service. In the event of the sale or consumption for the provision of a delivery and performance of the goods delivered under retention of title, the contracting parties agree that the customer already in advance his payment claims from the resale or the provision of the delivery and performance to the end customers to the company the LWR-Shop relinquishes the assignment, which already accepts the relinquishment.
§ 7. Delivery and shipping conditions
(1) The delivery of the items takes place, unless otherwise agreed in the individual case, in principle against prepayment and by shipping. Picking up the item (s) directly from the LWR-Shop is possible – after arranging a pick-up date – for cash.
(2) Partial deliveries are only permitted if they are reasonable for the customer or if the customer has expressly agreed. Partial deliveries of a uniform object of purchase are unreasonable. Partial deliveries have no influence on the rights of the customer due to performance disruptions.
(3) The risk of accidental loss and accidental deterioration of the thing sold is transferred to entrepreneurs when they are handed over to them themselves or to a person authorized to receive them, in the case of a mail order purchase, when the goods are delivered to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the thing sold always passes to the consumer when the goods are handed over to the consumer. With regard to the transfer of risk, the handover is the same if the customer defaults on acceptance.
(4) In the event of non-compliance with delivery deadlines due to temporary obstacles to performance due to force majeure (e.g. war, internal unrest, natural disasters) or similar events (e.g. strike or lockout), the deadlines will be extended by a period corresponding to the impediment to performance.
§ 8. Transport damage
(1) The following regulations on transport damage do not restrict the rights of customers, in particular due to liability for defects.
(2) Deliveries are to be checked in the presence of the deliverer. In the case of externally recognizable transport damage, the customer is obliged to note this on the shipping documents and have it confirmed by the deliverer; the packaging must be kept.
(3) If the (partial) loss or damage is not externally recognizable, the customer must notify the LWR-Shop within 3 days after delivery, but at least within 7 days after delivery to the transport company in order to ensure that any claims be asserted against the transport company in good time.
(4) The customer will support the LWR-Shop to the best of his ability, insofar as the LWR-Shop asserts these claims against the relevant transport company or transport insurance.
§ 9 liability for defects and guarantee
(1) Inquiries and / or complaints of any kind are to be sent to the LWR-Shop using the contact details above.
(2) There is no liability for material defects in the case of damage that occurs after the delivery of the item due to improper use or handling of the article, i.e. H. resulted from culpable behavior on the part of the customer or a third party; the same applies to so-called deliberate wear.
(3) Claims for defects against the LWR-Shop are limited to the right to subsequent performance, but the customer retains the right to reduce the amount of the subsequent performance or to withdraw from the contract.
a) Consumers have the choice as to whether the supplementary performance should take place either by rectification or replacement delivery. however, the LWR-Shop remains entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
b) In contrast, the LWR-Shop provides the entrepreneur with a guarantee for defects in the purchased item by means of rectification or replacement delivery.
c) The customer is not entitled to immediately remedy a defect in the purchased item himself or to have it remedied by third parties (self-execution); any expenses incurred for this will not be reimbursed.
d) In the event of subsequent delivery, the LWR-Shop is entitled to compensation for use against the customer for the period during which the customer was able to use the originally delivered item.
(4) If the goods are used items (e.g. used spare parts), the limitation period for claims for defects is one year from their delivery, (with the exception of electronic / electrical components), unless the claims for defects are acc. § 9 paragraph 5 of these terms and conditions excluded. A related limitation of the statute of limitations does not apply if the LWR-Shop is liable according to § 9 of these terms and conditions or if it concerns the real rights of a third party, on the basis of which the surrender of the delivery item can be requested.
(5) When selling used goods, the claims and rights of an entrepreneur due to defects – for whatever legal reason – are excluded; this also applies to defects that arose after the contract was concluded and before the transfer of risk. The foregoing exclusion of the warranty does not apply, however, if the LWR-Shop is liable according to § 9 of these terms and conditions or if it concerns the real rights of a third party, on the basis of which the surrender of the delivery item can be requested.
(6) Obvious defects are to be reported by entrepreneurs within a period of 10 days from receipt of the goods in writing using the contact details listed above; otherwise the assertion of the warranty claim is excluded.To meet the deadline, it is sufficient to send the notice of defects in good time.
§ 10. Liability
(1) The LWR-Shop is liable for damage resulting from injury to life, limb or health, which is based on a negligent breach of duty by the LWR-Shop or an intentional or negligent breach of duty by a legal representative or vicarious agent of the LWR-Shop. Furthermore, the LWR-Shop is liable for other damages that are based on an intentional or grossly negligent breach of duty by the LWR-Shop or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the LWR-Shop. In addition, the LWR-Shop is fully liable for damage that is covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, quality guarantees or in cases of malice.
(2) Outside of liability for intent and gross negligence, the LWR-Shop is liable for the violation of such contractual obligations, compliance with which is of particular importance for the achievement of the contractual purpose (cardinal obligations). In this case, however, liability is limited to the contractually typical, foreseeable damage. Liability is also excluded for indirect or consequential damage, unless these are foreseeable.
(3) The LWR-Shop is not liable to entrepreneurs for the slightly negligent violation of other contractual obligations that are not cardinal obligations. In this case, liability towards consumers is limited to the contractually typical, foreseeable damage, with no liability for unforeseeable indirect or consequential damage.
§ 11. Return of packaging
(1) The LWR-Shop is obliged, in accordance with the regulations of the packaging ordinance, to take back product packaging that does not bear the symbol of a comprehensive disposal system (such as the “Green Dot” of Duales System Deutschland AG) and for its reuse or disposal to care. For further clarification of the return, the customer can contact the LWR-Shop at the above address or telephone number for such products. put in touch. The LWR-Shop then names the customer a municipal collection point or a waste disposal company in the customer’s vicinity, which accepts the packaging free of charge. If this is not possible, the customer can send the packaging to the LWR-Shop at the address given above. The packaging will be reused by the LWR-Shop or disposed of in accordance with the provisions of the packaging ordinance.
§ 12. Data protection
The protection of personal customer data, which is collected, processed and used in connection with contract processing, service provision and billing, is guaranteed within the framework of the legal regulations. Personal data transmitted by the customer will only be – in a third party inaccessible, insofar as this is technically and organizationally possible; the uncertainty of e-mail is pointed out – saved and processed, insofar as this is necessary for the execution of the contract, the provision of services and billing. Further personal data are only recorded if the customer submits them voluntarily, for example in the context of an inquiry, registration or an order. Personal data will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract processing – in particular passing on order data to suppliers or transport companies, for billing purposes – or if the customer has given prior consent withdraw. In this case, the personal data will be deleted, even if the data is no longer necessary to fulfill the purpose of the storage. The customer can request information from the LWR-Shop about the data stored there at any time.
§ 13. Final provisions
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory consumer protection provisions of the law of the state in which the consumer is habitually resident. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Essen. The same applies if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.