Contractual terms and conditions applicable to purchase agreements concluded via the platform
between
and
the Customer described in Section 2 of the agreement, hereinafter called the “Customer”.
(1) The business relationship between Historic-Vehicle-Parts and the Customer shall be governed exclusively by the following general terms and conditions of business in the version valid at the time the order was placed. Any variant conditions imposed by the person placing the order/the Customer shall not apply unless the service provider has provided specific consent to this in writing.
(2) The Customer shall be deemed a consumer if the purposes of the goods or services ordered cannot be linked to his commercial or self-employed activities, whereas any natural or legal person or joint partnership with a legal capacity who in making the agreement is pursuing his commercial or self-employed activities shall be deemed a business.
(1) The Customer may place the order with Historic-Vehicle-Parts either by telephone or by email. A valid email address must be provided in the case of telephone orders.
(2) When ordering from the internet platform, the Customer may make a selection from the Historic-Vehicle-Parts range of goods (parts catalogue) and place this in a so-called shopping cart using the “add to shopping cart” button. By pressing the “order and pay” button, the Customer makes a binding agreement to purchase the goods placed in the shopping cart. Before placing the order, the Customer may review and change the details of the order at any time. However, the order may only be placed and sent when the Customer has accepted these contractual conditions by clicking on “accept general terms and conditions of business” button and has thus incorporated these into his order.
(3), Historic-Vehicle-Parts will then email the Customer an automatic acknowledgement for each order form, in which the Customer’s order is recapitulated and which the Customer may print out using the “print” function. This automatic acknowledgement merely logs that the Customer’s order has been received by Historic-Vehicle-Parts and does not represent acceptance of the order. A purchase agreement shall be made only when an order confirmation has been sent by Historic-Vehicle-Parts, and this will sent in a separate email (order confirmation).
(1) Once the Customer has placed an order, he will immediately receive a non-binding order acknowledgement from Historic-Vehicle-Parts. This does not represent acceptance of the order placed by the Customer. The agreement is only made upon acceptance of the Customer’s order in the form of a binding order confirmation from Historic-Vehicle-Parts.
(2) Historic-Vehicle-Parts will inform the Customer if no items of the products selected by the Customer are available at the time the order is placed. If the product is permanently unavailable, Historic-Vehicle-Parts will not issue an order confirmation and in such a case, no purchase agreement is made.
(3) If the product listed by the Customer in the order is only temporarily unavailable, Historic-Vehicle-Parts will also inform the Customer of this in the order confirmation. In the event of a delay in delivery of more than four weeks, the Customer shall be entitled to cancel the agreement. In such an event, Historic-Vehicle-Parts shall similarly be entitled to cancel the contract. In such cases, any payments already made by the Customer will be refunded immediately.
(4) Shipping costs shall apply to the delivery and the Customer will be informed of these when the agreement is made. Costs for transport, packaging and insurance are calculated separately, based on actual cost, and are listed in the price list.
(5) Separate transport costs will be agreed when a purchase agreement is made in respect of replacement products for which special transport arrangements are made or which are picked up by Historic-Vehicle-Parts. A charge of € 0.45 per kilometre and € 50 per hour will apply for travelling expenses and time.
(6) Historic-Vehicle-Parts reserves the right to make partial deliveries where this is acceptable to the Customer. Additional shipping costs arising from partial delivery are permitted only when this has been specifically agreed.
Until full payment has been received, the goods delivered shall remain the property of Historic-Vehicle-Parts.
(1) All prices listed on the Historic-Vehicle-Parts website include VAT at the current statutory rate.
(2) The Customer will be informed of the applicable shipping costs on the order form and the Customer shall be liable for these.
(3) Unless Section 3 para. 4 of these terms and conditions applies, the goods will be sent by post. If the Customer is a consumer, Historic-Vehicle-Parts shall bear the risk of loss during shipping.
(1) Payment shall be made in advance. Once payment has been received by Historic-Vehicle-Parts, the product will be despatched to the Customer within 10 working days at the latest.
(2) Overseas orders and deliveries can only be processed when payment is made in advance.
(3) Payment of the purchase price is due immediately the agreement is made. If the due date for payment is calendar-based, the Customer shall be deemed in default of this agreement if the payment date is missed. In such a case, the Customer shall pay the service provider default interest in the amount of 5 percent.
(4) The Customer’s liability to pay default interest shall not infringe the right of the service provider to claim further damages arising from the Customer’s default.
(1) Historic-Vehicle-Parts is liable for defects under the applicable statutory regulations, in particular Sections 434 ff. of the BGB (Bürgerliches Gesetzbuch, German Civil Code). The guarantee period for deliveries made to businesses by the service provider is 12 months.
(2) Any additional guarantee in respect of goods supplied by Historic-Vehicle-Parts shall only apply if this has been specifically detailed in the order confirmation for the item(s) in question.
(1) The Customer shall not be entitled to claim for compensation for damages. The only exceptions to this shall be the Customer’s claims for compensation for damages arising from loss of life, bodily injury or damage to health, or from breach of essential contractual obligations (cardinal obligations) and liability for any other damages arising from intentional or grossly negligent breach of contractual obligations on the part of Historic-Vehicle-Parts, its legal representatives or vicarious agents. Essential contractual obligations are any such that are required to fulfil the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, Historic-Vehicle-Parts shall be liable only for foreseeable damages typical of this kind of contract where such damages arise from ordinary negligence, unless the Customer’s claims for compensation for damages arise from loss of life, bodily injury or damage to health.
(3) The restrictions in paras. 1 and 2 shall also apply to the legal representatives and vicarious agents of the service provider if claims are made directly against these.
(4) The provisions of the German Product Liability law (Produkthaftungsgesetz) shall remain unaffected by this.
(1) Once the agreement has been made, the Customer shall be liable to Historic-Vehicle-Parts to perform the agreement. If payment is not received against the advance payment invoice, Historic-Vehicle-Parts reserves the right to cancel the agreement.
(2) In the event that Historic-Vehicle-Parts cancels the contract under the terms of para. 1, the Customer shall be liable to pay compensation for damages. Historic-Vehicle-Parts reserves the right to choose between claiming flat-rate damages in the amount of 20% of the purchase price of the products ordered or to invoice for actual costs incurred. In the event that Historic-Vehicle-Parts chooses to invoice on a flat-rate basis, the burden of proof that no damages at all or damages of substantially less value than the flat rate have arisen shall rest with the Purchaser.
You may cancel this agreement within fourteen days without stating a reason.
The notice period for cancellation shall be 14 days from the day on which you or a third party nominated by you (who is not the transport provider) receives the goods.
To exercise your right to cancel, you must clearly (e.g. by post or email) inform us,
Historic-Vehicle-Parts
Inhaber: Oliver Klose
Banhofstr. 3
09484 Kurort Oberwiesenthal
Germany
Fax +49 (0) 2841 / 16 99 129
Email: info@historic-vehicle-parts.com
that you wish to cancel the agreement. You may use the enclosed standard cancellation form for this purpose, but this is not obligatory.
A notification of cancellation that is sent within the notice period shall be considered valid.
If you cancel this agreement, we shall immediately refund to you any payments you have made, including shipping costs (with the exception of any additional costs arising from your selection of a delivery option other than the cheapest standard delivery option offered by us). We reserve the right to delay any refund of the purchase price until we have received the returned goods or you have provided proof of postage, whichever is the sooner. The refund will be made using the same payment method that you used for the original transaction unless other specific arrangements have been made. However, you will not be liable for any resultant fees.
You must send back or return the goods to us immediately, at the latest within 14 days of the day on which you notified us of cancellation. Goods despatched within the 14-day returns period shall be considered validly returned.
You will be liable for the immediate costs of returning goods.
You will be liable for depreciation of the goods only if any such depreciation arises from handling of the goods other than that required to establish their nature, characteristics and fitness for purpose.
If you wish to cancel the agreement, please complete this form and enclose it with the returned goods.
Historic-Vehicle-Parts, proprietor: Oliver Klose, Im Moerser Feld 1e, 47441 Moers, Germany
I/we (*) hereby cancel the agreement made by me/us (*) in respect of the purchase of the following
goods:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Reason for return (OPTIONAL):
....................................................................................................................................
Date Signature of consumer(s)
(*) Delete as applicable.
Under Section 312d, para. 4, clause 2 of the BGB (Bürgerliches Gesetzbuch, German Civil Code), there is no right to cancel in the case of delivery of products that are made to customer specifications or are clearly adapted to individual requirements.
(1) Historic-Vehicle-Parts collects Customer data in the course of processing agreements in compliance in particular with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) and the Teleservices Act (Telemediengesetz)., Historic-Vehicle-Parts will not, without the Customer’s permission, collect, process or use the Customer’s personal details and user data except where these are required to complete the contractual relationship and to access and invoice teleservices.
Personal data will be treated confidentially. If you wish to delete, block or make changes to your data, please contact us by email at info@historic-vehicle-parts.com.
(2) Historic-Vehicle-Parts will not use Customer data for the purposes of advertising, market research or opinion polling without the Customer's permission.
(1) The laws of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods shall apply to agreements between Historic-Vehicle-Parts and the Customer.
(2) If the Customer is a business person, a legal person under public law or a special fund under public law, the place of jurisdiction for any disputes arising from the contractual relationship between the Customer and Historic-Vehicle-Parts shall be Moers or Chemnitz.
(3) This agreement shall remain binding in its other parts even in the event of the invalidity of individual provisions. Statutory regulations, where these exist, shall apply in place of the invalid provisions. However, if this constitutes unreasonable hardship for one of the contracting parties, the entire contract shall be rendered invalid.