General Terms and Conditions (GTC) Status: 02/20/2015
§ 1 Scope and Defense Clause
(1) The following general conditions apply exclusively to the version at the time of the order for the legal relations established through this internet portal between the Skopart operator (hereinafter referred to as the "provider") and its customers.
(2) Deviating general terms and conditions of the customer are rejected. These become effective only if they are expressly confirmed in writing by the provider.
§ 2 Conclusion of the contract
(1) The presentation of goods in the online store does not constitute a binding offer by the provider to conclude a purchase contract, the customer is only invited to place an order.
(2) By submitting an order in the online store, the customer submits a binding offer aimed at concluding a purchase contract for the goods included in the order. By submitting the order, the customer also accepts these conditions as the only relevant legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the provider. It serves only to inform the customer that the provider has received the order. Declaration of acceptance of a contract offer is made by delivery of goods or an explicit declaration of acceptance.
§ 3 Return costs when exercising the right of withdrawal
If the customer exercises his right of withdrawal, he must bear the normal costs of returning the goods if the delivered goods correspond to the ordered ones.
§ 4 The right of the consumer to withdraw in accordance with § 13 BGB
Right to withdraw from the contract:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving a reason. The period for cancellation is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, received the goods.
To exercise your right of withdrawal, you must contact us:
Fa. SKOPART, Frank Heinze
Am KietzerFeld 6
D-12557 Berlin
or
skopart@web.de
by a clear statement (such as a letter sent by post or email) of your decision to withdraw from this Agreement. If you use this option, we will immediately send you confirmation of receipt of such appeal (e.g. by e-mail). To meet the cancellation deadline, it is enough to send a notice of exercise of the right to cancel before the expiry of the cancellation period.
Consequences of Withdrawal
If you withdraw from this contract, we will give you all payments we have received from you, including delivery costs (excluding any additional costs that result from choosing a type of delivery other than the cheapest standard delivery offered), to be paid immediately and no later than fourteen days from the date on which we received notice of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; You will not be charged any fees for this installment under any circumstances. We may refuse a return until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately, in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct cost of returning the goods. You must pay for any loss in value of the goods only if this loss in value is caused by handling which is not necessary to check the nature, properties and functionality of the goods.
End of appeal
§ 5 Prices and special offers
All listed prices include VAT. They do not include packaging and shipping costs (see § 6). Special offers can be limited in time and quantity. Details are given in the respective product description.
§ 6 Packaging and shipping costs
Unless otherwise stated, the cost of packaging and shipping is calculated separately based on weight.
§ 7 Reservation of ownership
The delivered goods remain the property of the provider until they have been paid for in full.
§ 8 Method of payment
Payment is made by bank transfer, cash on delivery or cash on delivery.
§ 9 Maturity date
Payment of the purchase price is due upon conclusion of the contract.
§ 10 Warranty
(1) The customer's warranty rights are based on general statutory provisions, unless otherwise stated below. Claims for damages by the customer against the provider are subject to the regulation in § 7 of these general terms and conditions.
(2) The statute of limitations for warranty claims by the customer is 2 years for consumers for newly manufactured items and 1 year for used items or spare parts (AT). In relation to entrepreneurs, the statute of limitations is 1 year for newly manufactured items and 6 months for used items or spare parts. The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer as a result of injury to health, health or health or to claims for damages as a result of a breach of basic contractual obligations. Basic contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. The aforementioned shortening of the limitation period does not apply to claims for damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or representatives.
(3) The provider does not assume any guarantee.
§ 11 Disclaimer
(1) Claims for damages from the customer are excluded, unless otherwise stated. The above exclusion of liability also applies in favor of the legal representatives and vicarious representatives of the provider, if the customer asserts claims against them.
(2) The exclusion of liability referred to in section 1 does not include claims for compensation for damage caused by injury to health, health and health and claims for compensation for damage caused by breach of basic contractual obligations. Basic contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. The exclusion of liability also excludes liability for damage based on intentional or grossly negligent breach of duty by the provider, its legal representatives or representatives.
(3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 12 refund policy
Any goods that have been manufactured or modified according to the customer's special requirements cannot be taken back.
§ 13 Damage during transport
If the goods are damaged during transport, the customer must immediately report the damage to the transport service. Other damage recognizable as damage during transport must be reported in writing to Skopart within 7 days of receiving the goods. Skopart is not responsible for defects caused by improper handling, normal wear and tear or external influences. If the goods are repaired by ourselves or by third parties without written consent, the right to warranty expires.
§ 14 Interchangeable parts
Replacement parts are supplied only against the return delivery (simultaneous or in advance) of the part being replaced. This return delivery is mandatory and subject to the contract. The following conditions must be met: returned parts must contain all components from the original delivery and must not have any damage that would prevent refurbishment (e.g. heating and cooling networks must not be rusted or deformed, cylinder heads and engine blocks must not be cracked and crankshafts must be grindable) ).
§ 15 Prohibition of assignment and pledge
The assignment or pledge of the customer's claims or rights against the provider is excluded, unless the provider agrees in writing. This also applies to complaints. The provider is obliged to grant consent only if the customer demonstrates a legitimate interest in the assignment or pledge.
§ 16 For Bill
The customer is entitled to set-off only if his right to set-off has been legally proven or is undisputed.
§ 17 Choice of law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to contractual relations between the provider and the customer. The use of UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's seat in Berlin, if the customer is a trader, a legal entity under public law or a special fund under public law.
§ 18 Separability Clause
If a provision of these general conditions is ineffective, this will not affect the effectiveness of the other provisions.
Return of used oil
According to the decree on waste oil, we are obliged to collect brake fluid and the following used oils free of charge: - combustion engine oils - transmission oils - oil filters and waste containing oils that occur regularly during oil changes You can return the used oil to us in an amount that corresponds to the amount purchased at U.S. The return point is our point of sale / warehouse:
Fa. SKOPART, Frank Heinze / 4th floor
Glider Dam 89
D-12487 Berlin
You can drop off the oils there at any time during opening hours.
Alternatively, you can also send us the used oil - subject to shipping costs.
Please note that special transport conditions may apply to waste oil.
If you are a commercial end user, we would like to emphasize that we may use third parties to fulfill our acceptance obligations.
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