General Terms and Conditions of van der Horst GmbH
1. General - Scope
All business relationships between van der Horst GmbH and the customers are subject to the following terms and conditions. Deviating Conditions and agreements apply only when the van der Horst GmbH expressly permitted takes place.
Verbraucher consumer within the meaning of these terms and conditions are natural persons which will enter into a business relationship without such attributed to commercial or independent professional could be. Entrepreneurs in terms of these Terms and Conditions natural or legal person or unincorporated Partnerships establishing business relationships with those that in exercising a commercial or independent acting profession. Customer within the meaning of Conditions are both consumers and entrepreneurs
Mündliche oral Additional agreements are only valid in writing Confirmation. This is especially true for representations and contract changes.
Mit By ordering the goods the customer declares a binding offer intent to purchase the ordered goods.
We committed orders from customers to the provisions of the Terms and Conditions to accept. This does not apply if the order is a written, printed or calculation errors on our website is based in this case We will inform the customer without delay a corrected offer bring forward.
ordered the consumer receives the goods electronically, we will Confirm receipt of the order without delay. This confirmation does not constitute acceptance of the offer. A purchase contract is only then concluded when the ordered goods will be sent to the customer.
Prices on the site are non-binding price information. Price changes are possible at any time. Should the price between Takes place and change order before a contract is concluded an Notification by van der Horst GmbH, a renewed Is offering. The contract comes in this case with an acceptance by the buyer into existence.
piece Orders and fixed transactions are in writing as Such labeled. The resulting additional costs (Courier, express, etc.) will be charged separately.
the Final contract is subject to the correct and timely delivery by our suppliers. this applies just in case that the non-delivery is not caused by us is. The customer is the unavailability of the service immediately informed. The consideration shall be immediately refunded.
delivery shall only be binding if expressly in writing have been agreed. Otherwise the delivery is so fast as possible, but no more within 2 weeks from delivery Confirmation .
provided otherwise agreed, the delivery from warehouse to the address indicated by the purchaser. The risk shall pass to the buyer as soon as the goods by us to the authorized senders was passed. Lost in transit or gone therefore damaged goods justify any claims for damages or cancellation rights of the customer towards the seller. this applies through for delays Transport delays on the part of the post, the package or Courier service, the forwarding, the Federal Railways or Air freight company.
Higher Occurred violence or the Seller or its suppliers Malfunctions, eg., By riots, strikes, the salesperson prevent causing a delay of it, the To deliver purchased goods on the agreed date, change the agreed deadlines by the duration of caused by these circumstances power failure.
exceed we the delivery period, the customer may exceed five days after calling on the two-week delivery period in writing, within one to provide reasonable grace and in the case of fruitless Deadline expires withdraw from the contract. By accessing this Invitation shall be in default.
Claims for damages for non-compliance can only be asserted by the customer, if we Have delivery delay is caused intentionally or through gross negligence. in any event, the claim for damages to the foreseeable limited damage.
comes the customer in default of acceptance or violates other Obligations to cooperate, we are entitled to our costs To demand compensation including any additional expenses. in this case is also the risk of accidental loss or Deterioration of the goods at the time to the customer, with which he falls into default of acceptance.
4. Retention of title
at Contracts with consumers, we reserve the title to the goods until full payment of the purchase price. For contracts with entrepreneurs, we reserve title to the goods until complete settlement of all claims of the current Business relationship. Unless handed checks for payment are the property will only pass with credit.
The Customer is obliged to treat the goods with care. provided Maintenance and inspection work is necessary, the customer carry these out regularly at his own expense.
4.3The Customer is obliged to inform us third party access to the goods, such in case of seizure, and any damage to or Notify destruction of the goods. Any change of ownership Merchandise as well as change of residence has given us the customer immediately view.
we are entitled to breach of contract by the customer, in particular in case of default or breach of a duty under paragraph 3 and 4 of this provision to cancel the contract and to reclaim the goods.
The Entrepreneur is entitled to the goods in the ordinary course of business to resell. He assigns to us all claims Amount of the invoice from which him through the resale against a third party. We accept the assignment. after Surrender the entrepreneur has to collect the debt authorized. We reserve the right to collect the debt itself, if the contractor's payment obligations duly meet and fall into arrears. in this Case has all the necessary to collect the claims of the contractor Provide information, hand over the relevant documents and the Third place of the assignment.
5. Distance contract with cancellation clauses
/ Withdrawal & nbsp;
You have the right, within thirty days Revoke without giving any reason this contract. The Withdrawal period is thirty days from the date on which you or a you named third parties, other than the carrier, the goods have taken full or the last partial delivery in possession or has. The consumer has no right of withdrawal in Contracts relating to the supply of goods to the Customized customized or clearly to the personal Tailored needs (eg. As bodywork sections), or not suitable due to their condition for a return are. Are also excluded from the return Software products. Upon delivery of new parts to have this still in new condition, and may not needed in particular not already have been installed once. If you in entrepreneurs According to § 14 German Civil Code (BGB) and in Conclusion of the contract in their commercial or act self-employment, the right of withdrawal.
about Exercise your right, you have to
van der Horst GmbH
by means of a clear statement (eg. as a consigned by mail Letter, & nbsp; or e-mail) of your decision to terminate this Agreement to revoke, inform. to The revocation period it is sufficient that you release the on the right of withdrawal before the withdrawal period send.
follow of revocation
If You withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with Except for the additional costs arising from the fact that you another method of delivery than the offered by us, cheapest Have chosen Standard Shipping), immediately and no later than repaid within fourteen days from the date on which the Received notice of its cancellation of this agreement with us is. For this repayment we use the same method of payment, that you used in the original transaction, except because, with you was expressly agreed otherwise; in Under no circumstances are you because of this repayment charges calculated. You bear the direct cost of returning the Goods. The cost is the gross amount in the offer / bill Amount for shipping. Prices of other trucking companies can differ. We may withhold reimbursement until we the goods have recovered again or until they demonstrated have that you have returned the goods, whichever is earlier. You have the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract to us return or pass. The deadline is met if you send the goods before the deadline of a fortnight. They bear the direct cost of returning shipped by parcel Goods. Also do not bear the return costs parcel goods. The goods are for the purpose of returning securely packed. You must apply to any Value of the goods only come up when this value loss on one to examine the nature, characteristics and Functioning of goods not necessary to deal with them attributable.
In The Purchase price shall include VAT. This is in the statutory rate on the day of invoicing in the invoice shown separately.
all Prices are "ex warehouse". Packaging, dispatch or other Additional agreements will be charged separately. Thus, the Mail order purchase in addition to the purchase price plus shipping costs in Asked invoice. The customer when ordering by the means of distance communication, no additional costs.
the Customer is obliged after receiving the goods within 10 days to pay the purchase price. After this period the customer is in Arrears. The consumer has the during the delay Debt at the rate of 5 percentage points above the base rate interest. The operator has during the delay on the debt pay interest in the amount of 9 percentage points above the base rate. In any case, we reserve the right to prove and claim a higher loss before. In the case of non-payment of checks and direct debits, we are entitled, for the additional costs of canceled bank posting a lump sum compensation in the amount of To request 20,00 Euro for processing the erroneous booking. the However, customers can produce evidence that damage us not at all or only considerably smaller in magnitude than the Package has been created. This amount falls in addition to the part of Bank charges on bank charges.
the Customer has a right to offset only if his counterclaims have been legally established or recognized by us. The customer can exercise a right of retention only if a Based counterclaim is based on the same contractual relationship.
7. Transfer of Risk
is the purchaser is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods with the handover at Mail order purchase upon delivery of the goods to the shipper, the Carrier or otherwise to execute the dispatch person or institution to the buyer.
is the buyer is a consumer, the risk of accidental loss and accidental deterioration of the purchased object, including Delivery purchase at the delivery of the thing to the buyer above.
the Handover is the same, if the buyer is in default with the acceptance is.
is For corporate customers, we are making for defective goods at our option by repair or replacement.
is de koper een consument is, zo zal onze overweegt economische belangen van een defect in de goederen na verhelpen Procedure overeengekomen: Voor producten ter waarde van € 100,00 consumenten aanvankelijk alleen een vervanging vereisen. Als de waarde van de goederen 100,00 euro, in ons is redelijke termijn een eerste poging tot reparatie. wanneer adequaat geldt een rectificatie periode van 20 werkdagen. is de Repair is economisch niet redelijk, dat gedaan Aanvullende prestaties door vervanging. In geval van vervanging moet door ons binnen 5 dagen oorspronkelijke goederen worden ontvangen. Anders zal de door ons reserveonderdelen geleverde goederen worden herberekend.
suggests the subsequent performance fails, the customer may, at his Reduction in payment (reduction) or cancellation the contract (withdrawal). For a minor Contract, especially with only minor defects, However, the customer is no right of rescission.
businessman have obvious defects within a period of 2 Show weeks from receipt of the goods, otherwise the Assertion of warranty claims excluded. to Deadline is sufficient for the timely dispatch. the entrepreneur shall bear the full burden of proof for all claims. Consumers need us within a period of 2 months after the Date on which determined the contractual condition of the goods was informed in writing of obvious defects. Decisive for keeping the deadline is the receipt of Informing us. If the consumer fails this Informing, void warranty Rights, 2 months after his discovery of the defect. This does not apply Guile Seller. The burden of proof for the time of ascertainment of Lack meets the consumer. For used goods, the Consumers the burden of proof for the defectiveness of the goods.
selects the customer due to a legal or material defect after Subsequent withdrawal from the contract, in the next to no Claim for damages due to the defect. If the customer chooses to subsequent fulfillment has failed, the goods remain with the Customer if this is reasonable. Damages limited to the difference between purchase price and value of the defective Thing. This does not apply if we have fraudulently infringement have caused.
for Entrepreneurs, the warranty period for new goods is one year from delivery. For used goods, the warranty out.
for Consumer, the warranty period for new goods is two years from delivery. For used goods, the warranty period shall be 1 year after delivery.
at the sale of used parts is natural wear of the Warranty excluded.
WARRANTIES exist only if the parts delivered by a specialist workshop be installed in accordance with our installation instructions and all provided by the manufacturer and maintenance Inspection works according to the standards of the manufacturer verifiably have been carried out. Failure to comply with our installation instructions and self-assembly in loss of all warranty claims to the extent the customer does not prove that the defect already at handover was present.
the Purchase of old safety-related parts to done your own risk, for trouble-free operation, we assume no warranty or liability. Such parts are mandatory by incorporate a specialist workshop.
All Parts are sold by us without operating and lubricant. for has the proper filling with operating and lubricants The customer must ensure itself as part of the installation. improper Filling eliminates any warranty.
Attachments, are still on the purchased used car part, are, unless they are dismantled on our part, as gratuitous Handed additional parts without any guarantee with.
At used parts the warranty is limited to the case a defect on the free supply of an equivalent or higher used component. Should not a spare part be available, the warranty is limited to the Refund the purchase price and possibly incurred freight charges. Natural wear and tear is excluded from the warranty. Also in the sale of new parts are the Customer warranty claims on the condition that the purchase has been installed by a specialist workshop and the The manufacturer recommended maintenance and Repairs have been carried out. Should the Improvement in the delivery of new parts fail or are the Customers further attempts unreasonable, the customer may, as stated, only reduction and cancellation of Purchase contract require. Further claims of the customer, no matter for whatever legal reason, are excluded. The seller is liable therefore not apply to damages that are not even on the purchased goods have arisen. In particular, we are not liable for loss Profit or other financial damages of the customer.
protruding Exclusion of liability does not apply if the cause of damage to Intent or gross negligence or if the customer Damage claims due to lack of a guaranteed Property claims. A property is only considered assured, if the assurance is done in writing is. Mere product descriptions or oral / telephonic Information is not guaranteed characteristics.
the above limitations shall not apply to injury of Life, body or health, for a defect after assumption a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product liability law remains unaffected.
for the built-in replacement or the repair Parts will be of until the expiry of the warranty period original goods warranty due to the purchase agreement adopted.
WARRANTIES shall not apply if the customer does not indicate an error, or the Seller is not immediately the possibility of rectification opened or if the goods improperly or the normal level (z. B. Motorsport) has been claimed or addition ignored by the manufacturer (eg. as operating instructions) the specifications have been.
9. Return of goods and credits
the Redemption of shipped defective goods is recognized when the Contract is not subject to the Distance Selling Act, only in exceptional cases and after prior consultation and agreement with the customer within 2 weeks. This is a pure grace. Redemption will take place only if the goods in flawless State. The return has carriage paid to our camp to done. The withdrawal shall be subject to a grant Credit. When units are properly goods we charge a restocking fee of 10% of the price and so issue a credit note in the amount of 90% of the purchase price. Electronic parts are excluded in any case non-returnable. the Credits are valid for one year.
should individual provisions of this contract with the customer including the Terms and Conditions entirely or partly invalid be or become, this does the validity of the remaining Regulations is not affected. The wholly or partly ineffective Shall be replaced by a provision whose economic success of the invalid as near as possible.
10. Applicable law
it The law of the Federal Republic of Germany. The provisions of CISG do not apply.
is the customer is a businessman, legal person of public law or public-law special fund, the exclusive Jurisdiction for all disputes arising from this contract is our Office. The same applies if the customer has no general Jurisdiction in Germany or domicile or habitual Residence at the time of action are not known.
the Purchaser agrees to the collection, processing and Storage of the execution of the order and the application require persons related to the e-mail notification service Data agree. The data is only in-house stored and used. You will not be passed to third parties and not sold.