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1. Scope
2. Contractual partner, formation of contract, options for corrections
3. Contract language, saving of the contract text
4. Delivery conditions
5. Payment
6. Right to cancel
7. Retention of title
8. Damage during delivery
9. Warranty and guarantees
10. Liability
11. Code of conduct
12. Agreement on the use of Trusted Shops Buyer Protection
13. Dispute resolution
14. Final provisions
The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected. They shall only become part of the contract if we have expressly agreed to them.
The contract is concluded with: W+S Autoteile GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your 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 products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
4.1 Delivery options
We ship the products to the delivery address specified in the order process. We only dispatch goods en route. Pick up by the customer is not possible.
4.2 Delivery by forwarding agency
Scheduling: In the case of forwarding deliveries, the forwarding company commissioned by us will contact the customer to agree a delivery date.
Place of delivery: Delivery of the goods shall be limited to the transportation and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
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.
Credit card
In the order process you enter your credit card details. Your card will be charged immediately after placing the order.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and 24th and 31st December each year. You will receive further information in the ordering process.
Amazon Pay can offer registered Amazon Pay customers, selected according to their own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these payment methods. Other individually offered payment methods relate to the legal relationship with Amazon Pay. Further information on this can be found in the respective Amazon Pay account.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is processed immediately after placing the order. You will receive further information in the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities. Further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
The products shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective 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 may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
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. 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 assert 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.
9.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract.
9.2 Guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.
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
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
We have submitted to the following codes of conduct:
Orders placed with us can be protected free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops SE. In addition, Trusted Shops, together with a guarantor, offers protection for a fee. The Trusted Shops buyer protection conditions apply, which can be found here. Buyer protection is concluded by clicking on the correspondingly labeled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after completing an order. If you are already registered for buyer protection, the order is automatically protected (automatic buyer protection) without having to click on the button.
In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
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.
Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.
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MSRP
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