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Terms of service (TOS)



1. Scope

The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.



2. Contractual partner, formation of contract

The purchase contract is concluded with W+S Autoteile GmbH.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.



3. Contract language, saving of the contract text

The languages available for concluding the contract are German and English.

We save the text of the contract and send you the order details and our terms of service with an eMail.
You can see and download the terms of service from this page at any time.
The text of the contract is viewable in the customer-login area.



4. Delivery conditions

Delivery costs are added to the product prices as displayed.

Delivery charges are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.



5. Payment

The following payment methods are basically available in our online shop:

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Cash on delivery (COD)
You will directly pay the purchase price with the deliverer. No additional cost will apply.

PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

Amazon Payments
After clicking on the button "Pay with Amazon", you will be redirected to the website of the online provider Amazon before the completion of the order process in our online shop. In order to process the order process via Amazon and pay the invoice amount, you must be registered there or register and authenticate with your access data. There you can choose the shipping address and method of payment stored at Amazon, confirm the use of your data by Amazon and the payment instructions to us. You'll get more information during the ordering process. Afterwards, you will be returned to our online shop, where you can complete the order process.
Immediately after the order we ask Amazon to initiate the payment transaction. The payment transaction is performed automatically by Amazon.



6. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale - regardless of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.



7. Damage during delivery

For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay: mail@ws-autoteile.com
Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to press our own claims against the carrier or transport insurer.

Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.



8. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
 

For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.

For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s

product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion. The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health,
  • for deliberate or grossly negligent breach of duty, as well as fraud,
  • for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with,
  • within the context of a guarantee commitment, where agreed.

Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable

Complaints can be submitted by consumers and businesses:
W+S Autoteile GmbH
Schwarzer Weg 10
32423 Minden
Germany

by e-mail to the following address: mail@ws-autoteile.com

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.



9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents.

  • for injury to life, limb or health,
  • for deliberate or grossly negligent breach of duty,
  • for guarantee commitments, where agreed, or
  • towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.



10. Code of Conduct

We have subjected the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf



11. Dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR)

which can be accessed at: https://ec.europa.eu/consumers/odr/.

We are not ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.



12. Final provisions

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.



V.1 2018

W+S Autoteile GmbH | D-32423 Minden