1 Scope and provider
(1) These general terms and conditions apply to all orders that you place with the
Martin Fritz Schulz
Bruno-Bürgel-Weg 69-81 (Haus 6)
(2) The goods offered in our online shop are exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions is already now contradicted.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the https://auto4style.com/allgemeine-geschaeftsbedingungen/ website.
2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button [„Order now subject to payment“ / „Buy“] you submit a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.
(4) A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer (order confirmation) or if we dispatch the goods to you – without prior express declaration of acceptance.
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping Information” / “Terms of Delivery”].
4 Terms of Payment; Default
(1) The payment is optionally made by:
Invoice in advance,
Cash on delivery,
(2) We shall be responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. advance payment only to cover our credit risk.
(3) When choosing the payment method prepayment we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(4) If payment is made by cash on delivery, an additional fee of [X] EUR shall be due which shall be charged by the deliverer on site. Additional costs and taxes do not apply.
(5) When paying by credit card, the purchase price at the time of ordering reserved on your credit card (authorization). The actual charge to your credit card account will be made at the time we ship the goods to you.
(6) If you pay with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) If you pay by direct debit, you may have to bear the costs incurred as a result of a reverse posting of a payment transaction due to lack of bank account coverage or due to incorrect bank account data transmitted by you.
(8) If you fall into arrears with a payment, you shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless a lower or higher damage is proven in the individual case.
5 Set-off/Retention Right
(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 Delivery; retention of title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not received them correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) The delivery of the ordered goods is defined on the corresponding product website. Irrespective of the stated delivery times, there may be delays in delivery due to a number of imponderables such as delayed delivery by suppliers, natural disasters, pandemics or damaged material deliveries, which are covered by the concluded purchase contract up to a maximum delay of 2 months.
(5) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
– We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
– If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
7 No right of return for orders of individual products
Personalized HC UG exclusively produces individual products for consumers that are clearly tailored to the personal needs of the consumer, e.g. mug with photo, T-shirt with photo, etc. A return of ordered products and a cancellation of product groups already in production is therefore not possible.
§ 312g Para.2 No.1 BGB
8 Damage in transit
(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.
(2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items – deviating from the statutory provisions – is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and the compliance with which the contractual partner may regularly rely on (cardinal obligation), as well as to claims based on other damage resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Otherwise, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
– For the quality of the goods, only our own information and the manufacturer’s product description are binding, but not public praise and statements and other advertising by the manufacturer.
– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.
– In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance). In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
– If the subsequent performance fails twice, you can demand a reduction of the purchase price or withdraw from the contract at your discretion.
– The warranty period is one year from delivery of the goods.
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be found under the external link http://ec.europa.eu/consumers/odr/erreichbar.
We endeavour to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in any arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
12 Use of customer images for advertising purposes
Customer images may be used for advertising purposes, subject to prior modification of the license plate number or other personal data.
13 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: 02, 2020