General Terms and Conditions
The purchase is made on German soil, products are delivered from Germany, thus the buyer accepts German law. The jurisdiction is also in Germany. The translated texts are German texts. They were translated solely for the purpose of communication.
TERMS OF
SERVICE
Terms and
Conditions with customer information
Table of
Contents
1. Scope
2. Conclusion
3. Withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. jurisdiction
10. Alternative Dispute Resolution
1) Scope
1.1 These
General Terms and Conditions (hereinafter referred to as the "Terms")
of Cete Automotive GmbH (hereinafter referred to as "Seller") apply
to all contracts concerning the delivery of goods by a consumer or entrepreneur
(hereinafter "Customer") with the Seller in respect of the Seller
completes his goods displayed on his online shop. Hereby the inclusion of own
conditions of the customer is contradicted, unless it is agreed otherwise.
1.2
Consumer within the meaning of these terms and conditions is any natural person
who concludes a legal transaction for purposes that are predominantly neither
their commercial nor their independent professional activity can be attributed.
Entrepreneur within the meaning of these terms and conditions is a natural or
legal person or a legal partnership, which acts in the execution of a legal
transaction in the exercise of their commercial or independent professional
activity.
2)
Conclusion of the contract
2.1 The
product descriptions contained in the seller's online shop do not constitute
binding offers by the seller, but serve to make a binding offer by the
customer.
2.2 The
customer may submit the offer via the online order form integrated in the
online shop of the seller.In this case, after the customer has placed the
selected goods in the virtual shopping cart and has gone through the electronic
ordering process, by clicking on the button concluding the ordering process,
the customer submits a legally binding contract offer in relation to the goods
contained in the shopping cart.Furthermore, the customer can also submit the
offer by e-mail to the seller.
2.3 The
seller can accept the offer of the customer within five days,
• by submitting to the customer a
written order confirmation or an order confirmation in text form (fax or
e-mail), in which case the receipt of the order confirmation at the customer is
authoritative, or
• by delivering the ordered goods to
the customer, in which case the access of the goods to the customer is
decisive, or
• by asking the customer to pay after
submitting his order.
If more
than one of the alternatives mentioned above, the contract comes into effect at
the time when one of the aforementioned alternatives occurs first. The deadline
for the acceptance of the offer begins on the day after the submission of the
offer by the customer to run and ends with the expiry of the fifth day, which
follows the dispatch of the offer. If the seller does not accept the customer's
offer within the aforementioned period, this shall be deemed a rejection of the
offer with the consequence that the customer is no longer bound by his
declaration of intent.
2.4 When
placing an offer via the online order form of the seller, the contract text
will be stored by the seller and sent to the customer after sending his order
in addition to the present terms and conditions in writing (eg e-mail, fax or
letter). In addition, the text of the contract is archived on the seller's
website and can be called up by the customer via his password-protected
customer account with the corresponding login data, provided that the customer
has created a customer account in the seller's online shop before sending his
order.
2.5 Before
placing the order on the seller's online order form, the customer can identify
possible input errors by carefully reading the information displayed on the
screen. An effective technical means for better recognition of input errors can
be the enlargement function of the browser, with the help of which the display
on the screen is enlarged. As part of the electronic ordering process, the
customer can correct his input via the usual keyboard and mouse functions until
he clicks on the button that concludes the ordering process.
2.6 The
order processing and contact usually take place via e-mail and automated order
processing. The customer must ensure that the e-mail address provided by him
for processing the order is correct, so that the e-mails sent by the seller can
be received at this address. In particular, when using SPAM filters, the
customer must ensure that all emails sent by the seller or by third parties
commissioned with the order processing can be delivered.
3) Right of
withdrawal
3.1
Consumers are in principle entitled to a right of withdrawal.
3.2 Further
information on the right of revocation results from the revocation instruction
of the seller.
3.3 The
right of withdrawal does not apply to consumers who, at the time of the
conclusion of the contract, do not belong to any Member State of the European
Union and whose sole domicile and delivery address are outside the European
Union at the time of the conclusion of the contract.
4) Prices
and terms of payment
4.1 Unless
otherwise stated in the seller's product description, the prices quoted are
total prices that include statutory value added tax. If applicable, additional
delivery and shipping costs are specified separately in the respective product
description.
4.2 For
deliveries to countries outside the European Union, additional costs may be
incurred in individual cases, which the seller is not responsible for and which
are to be borne by the customer. These include, for example, costs for the
transfer of money by credit institutions (eg transfer fees, exchange rate
charges) or import duties or taxes (eg customs duties). Such costs may be
incurred in relation to the transfer of funds even if the delivery is not made
to a country outside the European Union, but the customer makes the payment
from a country outside the European Union.
4.3 The
payment option (s) will be communicated to the customer in the online shop of
the seller.
4.4 If
advance payment has been agreed by bank transfer, the payment is due
immediately upon conclusion of the contract, unless the parties have agreed on
a later due date.
4.5 If
payment is made by means of a payment method offered by PayPal, payment is
processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA,
22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"),
subject to the PayPal Terms of Service, available at
https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or - if the
customer does not have a PayPal account - under the terms and conditions of
payments without a PayPal account , available at
https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
4.6 If the
payment method "PayPal Credit" (installment payment via PayPal) is
selected, the seller transfers his payment claim to PayPal. Before accepting
the seller's assignment, PayPal will conduct a credit check using the submitted
customer information. The seller reserves the right to refuse the customer the
payment method "PayPal Credit" in case of a negative examination
result. If the payment method "PayPal Credit" is approved by PayPal,
the customer has to pay the invoice amount to PayPal at the conditions
specified by the seller, which are communicated to him in the online shop of
the seller. In this case, he can only pay to PayPal with a debt-discharging
effect. However, the seller remains responsible for general customer inquiries,
even in the case of assigning claims. For example, to the goods, delivery time,
shipping, returns, complaints, revocation statements and shipments or credits.
4.7 If the
payment method "PayPal Invoice" is selected, the seller transfers his
payment claim to PayPal.Before accepting the seller's assignment, PayPal will
conduct a credit check using the submitted customer information. The seller
reserves the right to refuse the customer the payment method "PayPal
Rechnung" in case of a negative examination result. If the payment method
"PayPal invoice" is approved by PayPal, the customer has to pay the
invoice amount within 30 days from receipt of the goods to PayPal, provided
that PayPal does not specify any other payment term. In this case, he can only
pay to PayPal with a debt-discharging effect. However, the seller remains
responsible for general customer inquiries, even in the case of assigning
claims. For example, to the goods, delivery time, shipping, returns,
complaints, revocation statements and shipments or credits. In addition, the
General Terms of Use for the use of the invoice purchase of PayPal, available
at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
5) Delivery
and shipping conditions
5.1 The
delivery of goods shall be made on the way to the delivery address specified by
the customer, unless otherwise agreed. When processing the transaction, the
delivery address specified in the order processing of the seller is decisive.
5.2 If the
transport company sends the goods back to the seller, because a delivery to the
customer was not possible, the customer bears the costs for the unsuccessful shipping.
This does not apply if the customer exercises his right of withdrawal
effectively, if he is not responsible for the circumstance that led to the
impossibility of delivery, or if he was temporarily prevented from accepting
the service offered, unless the seller to him the performance had announced a
reasonable time in advance.
5.3 In the
case of self-pickup, the seller first informs the customer by e-mail that the
goods ordered by him are ready for collection. Upon receipt of this e-mail, the
customer may pick up the goods after consultation with the seller at the
seller's domicile. In this case, no shipping costs will be charged.
6)
Retention of title
If the
seller steps in advance, he reserves the ownership of the delivered goods until
full payment of the purchase price owed.
7)
Liability for defects (warranty)
7.1 If the
purchased item is defective, the provisions of the statutory liability for
defects shall apply.
7.2
Deviating from this, the limitation period for claims for defects in used goods
is one year from delivery of the goods to the customer. However, the shortening
of the limitation period to one year does not apply
• for things that have been used for
a structure according to their usual use and have caused its defectiveness,
• for damages and reimbursement
claims of the customer, as well
• in the event that the seller has
fraudulently concealed the defect.
7.3 The
customer is requested to complain to the deliverer of delivered goods with
obvious transport damage and to inform the seller thereof. If the customer does
not comply, this has no effect on his statutory or contractual claims for
defects.
8)
Applicable law
8.1 The
laws of the Federal Republic of Germany shall apply to all legal relationships
between the parties, excluding the laws governing the international purchase of
movable goods. For consumers, this choice of law applies only to the extent
that the protection granted is not withdrawn by mandatory provisions of the law
of the state in which the consumer has his habitual residence.
8.2
Furthermore, with regard to the statutory right of withdrawal, this choice of
law does not apply to consumers who, at the time of conclusion of the contract,
do not belong to any Member State of the European Union and whose sole domicile
and delivery address are outside the European Union at the time of conclusion
of the contract.
9) Jurisdiction
If the customer acts as a merchant, legal entity under
public law or special fund under public law with its seat in the territory of
the Federal Republic of Germany, the exclusive place of jurisdiction for all
disputes arising from this contract shall be the place of business of the
seller. If the customer is located outside the territory of the Federal
Republic of Germany, the place of business of the seller is the exclusive place
of jurisdiction for all disputes arising from this contract, if the contract or
claims from the contract can be attributed to the customer's professional or
commercial activity. However, in the above cases, the seller is in any case
entitled to call the court at the customer's place of business.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online
dispute resolution on the Internet at the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court
resolution of disputes arising from online purchase or service contracts
involving a consumer.
10.2 The
seller is neither obliged nor willing to participate in a dispute settlement
procedure before a consumer arbitration board.