Terms and Conditions
Sect. 1 Scope of validity, customer information
The following general terms and conditions (GTC) govern the contractual relationship between Moshammer Group www.moshammer-automotive.com and consumers and entrepreneurs who purchase goods in our shop. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.
Sect. 2 Conclusion of contract
(1) The offers on the internet represent a non-binding invitation to you to purchase goods.
(2) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone. The immediate confirmation by e-mail that your order has been received does not yet constitute acceptance of the offer to buy.
(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 2 working days. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it. In the case of a telephone order, the purchase contract is deemed valid if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
The contract with the item details (e.g. kind of product, price) will be stored by us. We will send the GTC to you, but you can download the GTC at any time in addition, over our web page. As registered customer you can access your passed orders over the customer login range: log in.
Sect. 4 Customer information: Correction note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options.
Sect. 5 Retention of title
The purchase item remains our property until full payment is made.
Sect. 6 Expiry of your warranty claims
(1) The warranty
The warranty complies with the statutory provisions.
(2) Consumer warranty for used goods
Your warranty due to defects in used goods expires one year after delivery of the item sold to you. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. For these excluded claims, the statutory limitation periods apply. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
(3) Business warranty for entrepreneurs
Your warranty claims due to defects in the good sold shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:
– on compensation for damages
– for maliciously concealed defects
– arising from any granted warranty
– on recourse under §§ 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
– due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
Sect. 7 Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same applies to breaches of duty by any of our agents and legal representatives. The contractual obligations include, in particular, the obligation to deliver the item and title to you. We furthermore must deliver to you the item free of material defects and deficiencies.
Sect. 8 Jurisdictional venue
The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.
Sect. 9 Consumer information: Participation in a dispute settlement procedure
We are obliged to take part in a dispute settlement procedure before the following consumer complaint office (“Verbraucherschlichtungsstelle”): General Consumer Complaint Office of the Center for Arbitration e.V. (Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.), Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de
Document produced and updated by janolaw AG.