General Terms and Conditions for the Online Shop

 

§ 1 General and Business Relationships

1. The following General Terms and Conditions apply to the contractual relationships established within the online shop of Diller Powerparts GmbH, represented by the managing director Mr. Patrick Diller, Willmarser Straße 74, 98617 Rhönblick (hereinafter referred to as „Seller“) between the Seller and its customers (hereinafter referred to as „Buyer“).

2. Contracts are concluded with both consumers and entrepreneurs.

3. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

4. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is capable of acquiring rights and incurring liabilities.

§ 2 Conclusion of the Contract

1. All products, items, and services available for purchase in the Seller’s online shop do not constitute binding offers by the Seller in the legal sense, but rather an invitation to the Buyers to make an offer.

2. After the Buyer sends the order, they will immediately receive an email confirming receipt of the order, which does not yet constitute acceptance of the offer in the legal sense, thereby concluding the contract. The contract is concluded by a separate order confirmation from the Seller within five days. Alternatively, the contract is concluded within five days if the ordered goods are delivered to the customer or the customer is requested to pay.

§ 3 Prices, VAT, Payment

1. All stated prices are total prices including statutory VAT plus any shipping costs depending on the delivery method (see § 4).

2. The Seller offers the payment methods communicated within the online shop. The Seller will issue an invoice to the customer for the ordered goods, which will be enclosed with the delivery of the goods or sent by mail.

§ 4 Deliveries, Shipping Costs, and Transfer of Risk

1. If a delivery (delivery to the shipping company) has been agreed between the Seller and the Buyer, it will take place immediately after receipt of payment. Please refer to the respective item description for shipping and packaging costs and the delivery date. There, the shipping and packaging costs for the respective countries to which the corresponding items are shipped are precisely displayed as a total sum.

2. If the Buyer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or an authorized recipient. If the customer commissions the carrier or other person or institution designated to carry out the shipment, and the Seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer for consumers as soon as the Seller has delivered the item to the carrier or other person or institution designated to carry out the shipment.

3. If, on the other hand, the Buyer is an entrepreneur, the risk passes to the Buyer as soon as the Seller has delivered the item to the carrier or other persons or institutions designated to carry out the shipment.

4. The Seller’s delivery and payment terms are specified in more detail in the order form. Please refer to the respective item description for the delivery date.

5. On the last order page before submitting your offer, you will again receive a complete overview of the essential features of the goods, the total price of the goods, and all associated components such as shipping and packaging costs.

§ 5 Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Diller Powerparts GmbH, represented by the managing director Mr. Patrick Diller, Willmarser Straße 74, 98617 Rhönblick, Phone: +49 (0) 36943 24083, Email: info@diller-powerparts.de) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

You can also declare the withdrawal using the online withdrawal function provided in our online shop via the „Withdraw contract“ button or a similarly named function (so-called „withdrawal button“). After submitting your withdrawal declaration, its receipt will be immediately confirmed to you on a durable medium. The confirmation of receipt contains the essential details of your withdrawal declaration as well as the date and time of receipt.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their nature, properties, and functionality.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts

– for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

– for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

– for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

– for the delivery of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.

The right of withdrawal may expire in the case of contracts

– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

– for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

– for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

– for the provision of digital content not on a physical data carrier, if we have started to perform the contract after you have expressly agreed that we begin to perform the contract before the expiry of the withdrawal period, you have confirmed to us your knowledge that you lose your right of withdrawal by your consent when the performance of the contract begins, and we have provided you with a confirmation of the contract, in which the content of the contract including the aforementioned conditions for the premature expiry of the right of withdrawal is reproduced, on a durable data carrier.

-End of the cancellation policy-

Sample cancellation form

If you want to cancel the contract, please fill out this form and

send it back.

To [Diller Powerparts GmbH, represented by the managing director Mr. Patrick Diller, Willmarser Straße 74, 98617 Rhönblick, E-Mail: info@diller-powerparts.de]:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase

of the following goods (*)/ the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for communication on paper)

– Date

_______________

(*) Delete as appropriate.

§ 6 Retention of title

The seller retains ownership of the goods until full payment of the purchase price.

§ 7 Liability for defects

1. Our goods are subject to the statutory liability for defects. Consumers also generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s cancellation policy.

2. If a consumer purchases used goods, the limitation period for claims for defects is one year from the delivery of the goods, if this agreement was expressly agreed separately between the buyer and the seller before the customer submitted the declaration of contract.

3. The following applies to entrepreneurs:

• The limitation period for new goods is one year from the delivery of the goods
• Claims for defects are excluded for used goods
• If a replacement delivery is made, the limitation period does not start anew
• The seller can choose the type of subsequent performance

4. The reductions in deadlines and limitations of liability mentioned in § 7 para. 2 and 3 do not apply:

• for claims for damages and reimbursement of expenses of the customer
• in the event that the defect was fraudulently concealed by the seller
• if there is an obligation to update digital products within the framework of a contract for the delivery of goods with digital elements
• For goods that cause a defect in a building and are usually used in such a building

 

§ 8 Further information obligations for distance contracts and for electronic business transactions

1. Technical steps to conclude the contract/ordering process

Select the products you want to order by clicking the shopping cart icon („Add“). This will add your selection to the shopping cart. You can change this selection at any time until you submit your order by changing the number of products, deleting the selection by clicking the „Delete“ button, or canceling the order process. By clicking the „Continue to order“ button, you will go to the next order step. Then enter your customer data. Your data will be collected, processed and used in compliance with data protection regulations. No other use or transfer to third parties will take place. Select the delivery method. Please read the General Terms and Conditions and the Cancellation Policy carefully. You can only proceed with the order if you agree to the GTC under the cancellation policy (check the box). In the next order step, please select the desired payment method. By clicking the „Buy“ button, you send your order to us. You hereby submit a legally binding offer.

2. Storage of the contract text after conclusion of the contract and accessibility for thecustomer.

The contract text and your order details are stored by the seller. After you have completed your order, you will receive a clear order confirmation containing all the details of your order. Furthermore, it is possible to print out the contract text using the browser’s print functions. Your order data is also separately included in the email sent to you. In addition, the seller will send the buyer the contract terms by email at any time upon request.

3. Possibility to correct input errors

Before submitting the order, you can correct your entries at any time. This can be done either by using the „back button“ or the „back arrow“ of your internet browser. You can correct entries either directly on the individual offer pages in the existing input fields. Furthermore, it is possible to update products or delete individual products within the virtual shopping cart. All these correction options exist up to and including the submission of the binding offer via the „Buy“ button.

4. Contract language

The contract language is exclusively German.

5. Codes of conduct

The seller has not submitted to any relevant codes of conduct.

6. Order confirmation

After the customer has submitted the offer, they will receive a confirmation email.

7. Complaints and warranties

Complaints, such as warranty claims, are to be addressed to the seller.

8. Essential characteristics of the goods

The essential characteristics of the goods can be found in the item description. This also applies to the validity period of any limited offers.§ 9 Information obligation according to the Battery Act (BattG)

In connection with the sale of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged by the Battery Ordinance to inform you of the following: Batteries must not be disposed of in household waste. As an end-user, you are legally obliged to return used batteries. You can return batteries free of charge after use at the point of sale or in its immediate vicinity (e.g. at municipal collection points or in retail). You can also send batteries from our range back to us by post in usual quantities. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out dustbin. Near the dustbin symbol is the chemical name of the harmful substance. „Cd“ stands for cadmium, „Pb“ for lead, „Hg“ for mercury, „Li“ for lithium, „Ni“ for nickel, „Mh“ for metal hydride and „Zi“ for zinc. The symbols under the dustbins stand for:
Pb: battery contains more than 0.004 mass percent lead
Cd: battery contains more than 0.002 mass percent cadmium
Hg: battery contains more than 0.0005 mass percent mercury

The symbol of the crossed-out dustbins means that the battery must not be disposed of in household waste.

Further detailed information on the Battery Act can also be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

§ 10 Act on the placing on the market, the take-back and the environmentally sound disposal of electrical and electronic equipment

Since August 13, 2005, manufacturers have had to take back old electrical appliances placed on the market free of charge. Manufacturers must mark their electrical and electronic equipment placed on the market after November 23, 2005, with a symbol (crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old appliances must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via local collection and return systems. According to the „ElektroG“ Act of March 23, 2005, from November 25, 2005, we will only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can prove an insolvency-proof guarantee for the financing of the take-back and disposal of their electrical equipment.

§ 11 Final provision

The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. Consumers with habitual residence abroad can, regardless of the specific choice of law, also invoke the law of the state in which they have their domicile.