CLAIMPARTS | General Terms and Conditions

§ 1 Scope, Definitions

(1) These terms and conditions apply to all contracts concluded between ClaimParts GmbH, Weißdornweg 2, 76337 Waldbronn (hereinafter referred to as "provider" or "we") and our customers (hereinafter referred to as "customer" or "you") exclusively by using means of distance communication (such as the Internet or telephone) in our online shop.

(2) Only the following General Terms and Conditions in their current version at the time of the order apply to the business relationship between the provider and the customer. Any conflicting terms and contract offers from the customer are hereby rejected.

(3) The customer is a consumer as long as the purpose of the transaction cannot be attributed predominantly to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or legal partnership capable of exercising commercial or self-employed professional activity when entering into a legal transaction.

§ 2 Conclusion of Contract

(1) The customer can select products from our range and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking the "Place Order" button, the customer submits a binding offer to purchase the goods in the shopping cart.

(2) Before submitting the order, the customer can change, view, and correct the data entered by them at any time. However, the customer's request can only be submitted and transmitted if the customer accepts these General Terms and Conditions during the ordering process and thereby includes them in their request.

(3) Subsequently, the provider sends the customer an automatic order confirmation by email, which lists the customer's order again and can be printed by the customer using the "Print" function. The automatic order confirmation merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer.

The contract is only concluded when we submit a declaration of acceptance, which is sent in a separate email. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receiving the order. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance 24 hours after the invoice has been received by the customer, provided that the payment deadline exceeds 5 days and we have informed the customer of this fact upon issuing the invoice. If the customer pays an received invoice within less than 24 hours and we reject the purchase within the aforementioned period, the purchase contract is not concluded. In this case, we will refund any amounts received from the customer for the invoice promptly.

If multiple acceptance options mentioned above are present, the contract is concluded at the event that occurs first. In any case, the customer will receive a confirmation of the contract in text form in accordance with legal requirements.

If the customer has not received a declaration of acceptance, an invoice, or notification of delivery within 5 days, or has not received any goods, they are no longer bound by their order. In this case, we will immediately refund any services already rendered to the customer.

(5) The subject matter of delivery or performance are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, descriptions and prices refer to the respective items offered, but not to any accompanying accessories or decorations.

The presentation of our products and the information provided in this regard solely serve the description of the performance and do not constitute a quality guarantee.

(6) Prior to purchasing products, please verify the suitability and compatibility of the products for the intended purpose. Errors made by the customer regarding the ordered products that are not attributable to us do not establish any rights to defects.

(7) Unless otherwise agreed in individual cases, we do not provide advice and support for the installation of parts purchased from us. We strongly recommend that the customer always have the purchased item professionally installed and properly maintained by adequately qualified personnel in accordance with the manufacturer's instructions. After installation, a functional and safety check must be performed on all parts (to the extent possible with regard to the nature of the part) by qualified personnel. Equipment and lubricant specifications as well as operating, maintenance, and care instructions provided by the manufacturers must always be observed. We are not liable for damages caused by improper installation and/or operation or improper maintenance or care that are not attributable to us and are not caused by a defect in the purchased item or a faulty installation manual. In such cases, the customer is required to reimburse us for the costs of examining and processing an incorrect defect report.

(8) If, without our own fault and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill their contractual obligations to us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent covering transaction (binding, timely, and sufficient order of the goods) with the respective supplier and are not otherwise responsible for the non-delivery. In such a case, we will promptly inform the customer that the ordered goods are not available. Any consideration already provided by the customer will be refunded without delay.

(9) The contract language is German. If there are any discrepancies or errors in the English version of the contract, the German original version shall prevail.

(10) Order processing and communication during the contract processing usually take place via email. Therefore, the customer must ensure that the email address provided by them for order processing is correct and that no settings or filtering devices prevent the receipt of contract-related emails.

(11) If a delivery time is specified in our offers, this delivery time and the information provided in each case for calculating the delivery time take precedence. If no or no deviating delivery time is indicated for the respective item in the respective offer, it is 7 days. This period for delivery begins on the day after the payment order is issued to the transferring bank in the case of advance payment, or on the day after the contract is concluded in the case of other payment methods and ends with the expiration of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday, or a nationally recognized public holiday at the place of delivery, the next working day shall replace such a day.

§ 3 Retention of Title

The delivered goods remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a public-law special fund, or a businessperson acting in the course of their commercial or independent professional activity, this retention of title extends to the ongoing business relationship until all claims owed to us have been settled.

§ 4 Prices and Shipping Costs

(1) Our prices include shipping costs and are subject to the respective applicable legal value-added tax.

§ 5 Payment

(1) The customer can make the payment according to the payment methods provided in the respective offer.

(2) The payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 14 calendar days, unless the agreed payment method provides for a different arrangement.

(3) In the case of direct debit payment, the customer is responsible for ensuring sufficient funds in the account. In the event of insufficient funds resulting in a failed direct debit, the customer is obliged to compensate us for any damages incurred.

(4) The customer's obligation to pay default interest does not exclude the assertion of further default damages.

(5) The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

§ 6 Transfer of Risk

(1) If the customer is a business entity: Delivery is made ex warehouse. The risk of accidental loss or deterioration of the goods passes to the customer at the latest upon handover. However, in the case of a sale involving shipment, the risk of accidental loss or deterioration of the goods, as well as the risk of delay, passes to the customer upon delivery of the goods to the carrier, freight forwarder, or any other person or entity designated to carry out the shipment.

(2) For consumers: The risk of accidental loss or deterioration of the purchased item passes to the customer in accordance with the law upon delivery of the goods to the customer.

(3) If the customer is in default of acceptance, fails to cooperate, or if our delivery is delayed for reasons attributable to the customer, we are entitled to claim compensation for the resulting damages, including additional expenses (e.g., storage and transportation costs).

§ 7 Warranty for Defects, Guarantee

(1) Warranty claims regarding used goods delivered by us expire one year after delivery to the customer. Warranty claims regarding new goods delivered by us expire two years after delivery to the customer. For business entities, the limitation period for warranty claims for goods delivered by us is one year, and the limitation period does not start anew if a replacement delivery is made as part of the warranty liability. We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).

(2) Our liability according to § 8 of these terms and conditions, particularly for customer claims for damages arising from the violation of life, body, health, or essential contractual obligations (see the following Section 8), for damages under the Product Liability Act, as well as for any warranties assumed, remains unaffected by the limitations in the preceding paragraph 1. The statutory limitation periods for the recourse claim according to § 445b of the German Civil Code (BGB) for business entities and our liability in cases of intent and fraudulent concealment of a defect are also unaffected.

(3) Business entities are obligated to inspect goods purchased from us upon receipt for visible defects and errors, as well as to verify the conformity of the delivered goods with the ordered goods. Warranty claims by merchants require compliance with their statutory duty to examine and give notice (§§ 377, 381 of the German Commercial Code). The buyer must immediately notify the seller of any defects that arise during the examination, without undue delay.

(4) We provide a guarantee of quality or durability (§ 443 of the German Civil Code) only if explicitly offered and agreed upon by us for the goods delivered by us. Any manufacturer's warranties remain unaffected.

(5) Any complaints and warranty claims can be submitted to the address indicated in the provider's information.

§ 8 Liability

(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on which the customer as a contracting party regularly relies. In the event of a breach of essential contractual obligations, the provider shall only be liable for the typical, foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.

(2) The limitations of the above paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are directly asserted against them, and also analogously apply to claims for reimbursement of expenses.

(3) The provisions of the Product Liability Act and our liability for any assumed guarantees remain unaffected.

§ 9 Right of Withdrawal

Consumers have a statutory right of withdrawal. You will receive a separate revocation instruction in text form in accordance with the statutory provisions.

§ 10 Contract Text

The contract text is not stored by us and cannot be accessed after the order process has been completed. The customer can print out these terms and conditions and the order details before submitting their order and will receive an order confirmation in accordance with the statutory provisions.

§ 11 Out-of-court Dispute Resolution/Consumer Dispute Resolution

(1) The European Union has established an online platform ("Online Dispute Resolution platform" or "ODR platform") for the out-of-court resolution of consumer disputes. The ODR platform serves as a point of contact for the extrajudicial resolution of disputes arising from contractual obligations resulting from online purchase agreements. You can find the platform at https://ec.europa.eu/consumers/odr.

(2) We are generally neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final Provisions

(1) The contract is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. However, this choice of law applies to consumers only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country where they have their habitual residence.

(2) If the customer is a merchant, a legal entity under public law, or a special public fund, or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Karlsruhe.

(3) The invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. In place of the invalid provisions, if available, the relevant statutory provisions shall apply. However, if this would impose undue hardship on one party to the contract, the contract as a whole shall be deemed invalid.

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General Terms and Conditions, Version 1.0.2, Februar 2024