General Terms and Conditions of Sale
TERMS AND CONDITIONS
§ 1 Scope, customer information
The following general
terms and conditions of sale (GSC) regulate the contractual relationship between NB PARTS GmbH and consumers and
entrepreneurs who buy goods in our webshop. We will not recognize any terms and conditions that are contrary to or diverge
from our General Terms and Conditions of Sale. The contractual language is German.
Please
note: Our General Terms and Conditions were originally written in German. The present English translation of the
German text serves only for information purposes. The content of the German version shall be the only legally applicable
version.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-
binding invitation to you to order goods.
(2) You can add one or more products to the shopping cart. During the order
process you enter your data and desires concerning payment method, delivery modalities etc. Only by clicking the order
button, you submit a binding offer for the conclusion of a purchase contract. You can further issue a binding order by
telephone.
(3) At the same time as the confirmation of receipt is sent immediately via e-mail, the binding acceptance of
the offer will be declared as well and with it the purchase contract is concluded. By orders over the telephone the purchase
contract will be put into effect, if we do accept instantly your offer. If the offer is not accepted instantly, you are no longer
bound by it.
§ 3 Customer information: Storage of your order data
Your order with
details of the concluded contract (e.g. type of product, price, etc.) is stored by us. We will send to you the General Terms and
Conditions of Sale, but you may also call up the GSC at our website after contract conclusion at any time. As a registered
customer you will have access to your previously made orders in the customer login area (My Account).
§ 4 Customer Information: Correction note
You can always change your entries before
submitting the order by pressing the Delete key. We will keep you informed about further opportunities of data correction
throughout the checkout process. You can terminate the order process also at any time by closing the browser window.
§ 5 Statutory rights on liability for defects
(1) Defect liability rights
The statutory
rights on defect liability apply for our goods.
(2) Warranty to consumers for used goods
Your warranty claims due to
defects in used goods shall become statute-barred one year after delivery of the goods sold to you. Excluded from this
regulation are claims to damage, claims for defects that we willfully withheld, and claims from a guarantee that we have
assumed for the condition of the goods. For these excluded claims, the statutory limitation periods apply.
(3)
Warranty to entrepreneurs
Your warranty claims due to defects in goods shall become statute-barred one year
after transfer of risk. Excluded from this regulation are claims to damage, claims for defects that we willfully withheld, and
claims from a guarantee that we have assumed for the condition of the goods. Also excluded is the right of recourse
according to § 478 BGB (German Civil Code). For these excluded claims, the statutory limitation periods apply.
§ 6 Limitation of liability
We exclude liability for slightly negligent breaches of duty insofar as it
does not concern essential contractual obligations, damages due to injury to life, body or health, guarantees or claims under
the German Product Liability Act (Produkthaftungsgesetz). The same applies to breaches of duty of our vicarious agents and
our legal representatives. The essential contractual duties include in particular the obligation to turn over the goods to you
as a customer and to transfer its property to you. Furthermore we have to provide you the goods free of defects in quality and
title.
§ 7 Dispute resolution
The European Commission provides a platform regarding online dispute
resolution (ODR), that you can find here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform in
dispute settlement.
§ 8 Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this
contract is our place of business, if the customer is a businessman.
Note:
These general terms and
conditions have been drafted by janolaw's legal experts and verified in mentioned law firm. The janolaw AG
guarantees first-class quality of this product and shall be liable in the event of warnings. For more information on liability
guarantee of janolaw: https://www.janolaw.de