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INFORMATION FOR CUSTOMERS AND CONSUMERS (06.2020)
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1. The company
ATP Autoteile GmbH
Managing director: Alexander Bugge, Frank Landgraf, Sebastian Müller, Julian Schmid
Am Heidweg 1
92690 Pressath / Germany
Fax: +49 (0)9647 / 92903 9399
Email: info@atp-spareparts.com
Tax ID no.: DE298326559
Registry of companies: HRB 5485; District Court Weiden i.d.Opf.
2. Withdrawal
If you order as a Consumer, you have a right of withdrawal in accordance with the following instruction. A Consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither to his commercial or independent professional activity.
Instruction on the right to revocation
Right to revocation
You have the right to revoke this contract within 60 days without a statement of reasons. The revocation period is 60 days as of the day on which you or a third party designated by you and who is not the transport provider have taken the goods into possession.
To exercise your right to revocation, you have to inform us (ATP Autoteile GmbH, Am Heidweg 1, 92690 Pressath / Germany, phone: +49 (0)9647 / 92874-74, email: info@atp-spareparts.com) by means of an unambiguous declaration (e.g. a letter sent by mail, fax or email) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which however is not mandatory.
To observe the revocation period it is sufficient that you send the notification of the exercise of the right to revocation prior to the expiration of the revocation period.
Consequences of revocation
If you revoke this contract, we shall return all payments to you that we have received from you, including the shipping costs (except for additional costs arising from the circumstance that you may have chosen another kind of delivery than the most efficient standard delivery offered by us) without delay and at the latest within fourteen days as of the day on which the notification of your revocation of this contract was received by us. We will use the same payment method for this repayment as you have used in the original transaction, unless explicitly agreed otherwise with you; in no case will any fees be charged to you for this repayment. We may refuse the repayment until we have received the goods in return or until you have provided proof that you have sent the return shipment of the goods, depending on which date is earlier. You shall return the goods immediately, either by return shipment or handover to us, and in any case at the latest within fourteen days as of the date on which you informed us of the revocation. The deadline will be observed if you ship the goods prior to the expiration of the fourteen-day deadline. You bear the cost of the return. You will only be required to bear the costs of a potential value loss of the goods if this value loss was caused by an unnecessary scope of the goods inspection conducted by you as to their condition, characteristics and mode of functioning.
Sample revocation form
(If you intend to revoke the contract, then please fill out this form and return it to us.)
– To ATP Autoteile GmbH, Am Heidweg 1, 92690 Pressath / Germany, fax: +49 (0)9647 – 92903 9399, email: info@atp-spareparts.com:
– I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/ the performance of the following services (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Strike inapplicable.
3. Conclusion of contract
If an item is uploaded as part of a so-called online auction the article which has been activated on eBay is the binding offer for the conclusion of the purchase contract. This addresses the customer who makes the highest bid during the term of the online auction and who meets possible additionally determined requirements of the offer. The offer can be accepted during the individually determined period of validity – this can only be made via the bidding system on eBay’s trading platform. The customer accepts the offer by making a bid. The bid expires if a third party makes a higher bid during the term of the online auction. The official eBay duration is essential for the measurement of the online auction’s duration. The contract will be concluded with the end of the determined duration of an online auction or in case of a prematurely closed offer with the customer who made the highest bid up to that point.If an item is uploaded as part of a so-called online auction and is additionally furnished with the Buy It Now function the contract with the customer comes into existence independently from the expiration of the duration and without the execution of an online auction at the fixed price determined in the option, should the customer use this option. If an item is exclusively uploaded as a fixed price offer the article which has been activated on eBay is the binding offer to the conclusion of the purchase contract at the indicated price. On the one hand, the contract with the customer comes into being as soon as the customer presses the Buy It Now button and confirms the process with his or her eBay password and presses the Pay Now button. On the other hand, the customer can put the items in the eBay shopping basket and can check its content for errors and change it as well as giving further information concerning the order. The customer declares his or her acceptance of the contract by pressing the Pay Now button in order that a purchase contract comes into being.”
4. Input errors
The Customer can view and/or change his personal data at any time under ‘My eBay’. An input error concerning the bid in the auction can be corrected only up to the issue of the bid. The Vendor himself cannot provide any instrument for the recognition and correction of input errors.
5. Documentation
The Customer may view and call up the data on his order (contract text) as well as customer information related to the article and general terms and conditions of sale after the issue of his statement, as orders placed in the area ‘My Ebay’ for 90 days after the purchase and save and/or print it out via the functions of eBay, his browser, screenshots etc. The information is stored separately by the Vendor and can be requested by the Customer.
6. Language
The contract language is German.
7. Return
At ATP, if you do not like an article you can return it within 60 days. This assumes that you have not used or installed the goods and that you return the goods within 60 days of receipt of the goods to ATP; to meet the deadline, the date of receipt of the goods by ATP applies.
You must pay the costs of returning; when returning goods please use the original packaging in order to prevent transport damage. Without prejudice to said return, Consumers have withdrawal rights according to the criterion as per Section 1.
8. Accepted means of payment
The payment methods apply as specified in the context of the specific offer.
9. Liability
You have the statutory right in terms of liability for defects concerning goods ordered from us.
These are the General Terms and Conditions (GTC)
of ATP Autoteile GmbH
(status: 01 june 2020)
CEO: Alexander Bugge, Frank Landgraf, Sebastian Müller, Julian Schmid
Am Heidweg 1
92690 Pressath / Germany
Fax: +49 (0)9647 / 92903 9399
Email: info@atp-spareparts.com
VAT ID No. DE298326559
Commercial register: HRB 5485; Local Court Weiden i.d.Opf.
1. General provisions
2. Conclusion of contract; supply proviso
3. Prices, delivery and shipping costs
4. Payment methods and conditions
5. Reservation of title
6. Terms of delivery and shipment
7. Transport damages
8. Partial return
9. Liability for defects and warranty
10. Liability
11. Final provisions
§ 1 General provisions
(1) ATP Autoteile GmbH (hereinafter also referred to as ATP) offers products to customers (consumers and enterprises) primarily auto parts, especially consumable parts for cars, accessories, old-timer parts but also tuning parts, via its own online shop (https: www.atp-autoteile.de) as well as via the sales platforms Amazon and eBay.
(2) The following terms apply to contracts concluded between ATP and the customers, unless agreed otherwise. The version valid on the closing date of the respective contract is authoritative. Any opposing terms of purchasing of commercial customers require ATP’s acknowledgement for their validity.
(3) A consumer is any natural person who concludes a legal transaction for purposes that are primarily attributable neither to his commercial nor self-employed professional activity. An enterprise is a natural person, legal entity or partnership having legal capacity, which acts in exercise of its commercial or independent professional activity in the conclusion of a legal transaction.
§ 2 Conclusion of contract in the online shop, supply proviso
(1) The products and services listed in the online shop generally do not represent any binding offers for the conclusion of a contract; they are rather an inquiry directed to the customer to make a binding offer to ATP for the purchase of the product. By the order in the online shop, the customer bindingly declares his offer to conclude the contract. If ATP confirms the receipt of this order to the customer, such does not constitute the acceptance of the order; the confirmation of receipt may however be combined with the acceptance declaration. ATP is entitled to accept the contract offer sent by the customer within seven working days after its receipt. The acceptance may be declared to the customer either by explicit notice or by the customer’s receipt of the delivered goods. Otherwise, the customer will no longer be bound by his order.
(2) ATP reserves the right to deliver a different product than the item ordered, provided such is acceptable for the customer. This concerns, for example, technical changes or changes of the weight, which do not affect the functionality of the purchased object, or slight changes in the shape and colour of the object in cases where the design does not matter.
(3) The contract is concluded on the proviso of non-performance or partial performance in the event of incorrect or improper own supply by sub-suppliers. This does not apply if ATP is responsible for its own supply being absent. In the event of non-availability or only partial availability of the object of performance, ATP will immediately inform the customers; in the event of a withdrawal, the payment will be refunded immediately to the customer.
§ 3 Prices, delivery and shipping costs
(1) The prices listed in the offers are final prices without exceptions - i.e. they include all price components as well as any taxes incurred.
(2) Unless agreed otherwise in individual cases, the prices apply without packaging, freight charges, postage and - if the customer is an enterprise – costs of insurance. Therefore, additional delivery and shipping costs are incurred for the shipment of the products.
(3) If the customer explicitly requests a (transport) insurance, ATP will be entitled to invoice the additional costs created thereby separately to the customers, provided ATP has pointed out these additional costs in the conclusion of the contract.
(4) The customers assure to have stated the correct and complete delivery address. Should additional costs arise due to missing address data - for example, shipping costs incurred repeatedly - the customers shall compensate these costs if they have culpably failed to state the correct address.
§ 4 Payment methods and conditions
(1) The payment methods apply as specified in the context of the specific offer.
(2) The customers shall make all payments without deduction at the latest 10 days after the receipt of the invoice; decisive for the date is the receipt of payment by ATP. The customers will enter default at the latest when they do not remit payment within 14 days as of the due date and receipt of the invoice; this clause shall only apply to consumers if they have been specifically advised of this circumstance in the invoice.
(3) Our payment service provider for purchases on invoice is the company Domnowski Inkasso GmbH, 45127 Essen. Domnowski also runs an identity and credit check of the data entered by you in the ordering process. For this purpose, service providers/credit agencies are queried by Domnowski. For example: SCHUFA Holding AG, Wiesbaden, infoscore Consumer Data GmbH (ICD), Baden-Baden, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Hamburg, Boniversum Creditreform GmbH, Neuss, Deutsche Post Adress GmbH & Co. KG, Gütersloh.
§ 5 Reservation of title
(1) Until your complete payment, the product will remain our property.
(2) If the customer is an enterprise, it may process and sell the products delivered as subject to the reservation of title within the scope of its ordinary course of business or use them for the performance of a delivery or service. In case of a sale or use of the products delivered as subject to the reservation of title for the performance of a delivery or service, the parties to the contract agree that the customer shall assign its claims for payment against end-customers, which arise from the resale or the performance of the delivery or service, to the company ATP, which accepts this assignment on the present day already.
§ 6 Terms of delivery and shipment
(1) The delivery of the products is generally made against advance payment and by shipment, unless agreed otherwise in the individual case.
product or products directly from ATP is possible against cash payment after scheduling a pickup date.
(2) Partial deliveries are only permissible insofar as they are acceptable for the customer or if the customer has explicitly agreed thereto. Unacceptable are, e.g. partial deliveries of a cohesive purchase object. Partial deliveries do not affect the customer s rights based on performance deficiencies.
(3) If the customers are enterprises, the risk of accidental loss and accidental deterioration of the sold object shall transfer upon the handover of the products directly to those enterprises or to a person authorised for receipt; and in the case of mail-order sales, the risk transfers already upon the handover of the product to a qualified transport operator. If the customers are consumers, the risk of accidental loss and accidental deterioration of the sold object transfers to the consumer upon the handover of the product to the consumer. With regard to the assumption of risk, the same applies to the handover if the customers are delayed with the acceptance.
(4) In the event of non-compliance with delivery dates due to temporary hindrances to the performance, which are caused by force majeure (e.g. war, internal unrest, natural disasters) or similar events (e.g. strike or lock-out), the deadlines will prolong by a period corresponding to the duration of the hindrance to the performance.
§ 7 Transport damages
(1) If the conclusion of the purchase contract is a part of the operation of a trade enterprise, the following paragraphs 2 to 4 apply not only in respect of ATP but also in respect of the customers. The following provisions regarding transport damages do not limit the rights and claims of customers, especially not concerning the warranty for defects.
(2) Deliveries shall be inspected in attendance of the delivery person. In case there are transport damages that can be recognised from the outside, the customer is obligated to note these in the shipping papers and have them signed off by the delivery person; the packaging shall be retained.
(3) If the (partial) loss or damage was not recognisable from the outside, customers are requested to immediately notify ATP thereof, at the latest however within 14 days since taking notice of the loss or damage.
(4) The customers shall support ATP to the best of their efforts, insofar as ATP has brought these claims against the relevant transport company or a transport insurer.
§ 8 Partial return
(1) The customer has the option to trade in the old part that corresponds to the purchased new part against compensation of the value.
(2) The return shipment of the relevant old part, including the specification of the customer s bank details, shall be sent to the following address at the risk and costs of the customer, whereas shipments not free to recipient will not be accepted:
ATP Autoteile GmbH
- Altteilrücknahme - [Old Parts Acceptance Department]
Am Heidweg 1
92690 Pressath / Germany
Fax: +49 (0)9647 - 92903 9399
Email: info@spareparts.com
(3) The value of the old part will be credited to the account specified by the customer within 10 days after the receipt by ATP.
§ 9 Liability for defects and warranty
(1) ATP is not liable for defects and damages that have not been caused due to a defect already present at the handover of the object of purchase, but which are instead caused by improper use or handling of the product by the customer or a third party.
(2) ATP is neither obligated to install the replacement parts nor to provide advice/support relating to the installation. The customer shall generally ensure in its own responsibility that the product is installed professionally. It is recommended to the customer having qualified trained personnel conduct a functions and safety test on all parts in cases of doubt. ATP is not liable for damages that are solely due to improper installation or inadequate care or maintenance. If the customer unjustly and culpably asserts warranty claims, even though the defect of the product was caused by improper installation or inadequate care or maintenance, and not by an initial material defect of the object of purchase, the customer shall compensate the costs to ATP that are incurred for the inspection of the product and the further processing of the matter.
(3) The customer is entitled to the statutory warranty rights against ATP for an initial material defect. The customer firstly has a right to subsequent fulfilment, while however the customer’s right remains reserved to reduce payment or withdraw from the contract at its own discretion; damage compensation claims remain unaffected by the foregoing provision.
a) Consumers have the choice in this regard of whether the subsequent fulfilment is to be provided either by reworking (repair of the object of purchase) or by replacement delivery. In turn, ATP shall initially fulfil the warranty at its own discretion either by reworking or replacement delivery for defects of the purchased object.
b) If the customer claims subsequent fulfilment, it will be obligated at ATP’s request to make the purchased object available for an appropriate inspection of the claim of defects being made.
c) The customer may withdraw from the purchase contract if it has set an appropriate deadline to ATP for subsequent fulfilment beforehand, and if this deadline has expired idly or however, if setting a deadline is dispensable. Dispensability is only applicable if ATP has refused earnestly and finally performance or if special circumstances are present that justify the immediate withdrawal in consideration of the interests of both parties. If the refusal of performance is owed to the circumstance that the customer has not fulfilled ATP’s request pursuant to paragraph 3b), dispensability is not established. Setting a deadline is furthermore dispensable if the kind of subsequent fulfilment within the buyer’s entitlement has failed or if it is unacceptable to the customer.
d) If the requirements of § 9 para. 3c), sent. 1, are not fulfilled, ATP will not be liable for the costs expended by the customer to remove a defect on the purchased object directly by itself or third parties assigned by it for this purpose (self-remedy).
e) If and insofar as ATP is obligated for subsequent fulfilment, ATP will bear the necessary expenses for the purpose of the subsequent fulfilment in relation to consumers, in particular transport, travel, costs for labour and material; this shall only apply in relation to enterprises if ATP – subject to this § 10 of these GTC – has acted negligently or intentionally with regard to the defective object. Insofar as the consumer demands a replacement delivery and if either only this type of subsequent fulfilment is possible or however, if ATP rightly refuses the subsequent fulfilment, ATP may limit the compensation amount to an appropriate sum for the disassembly of the defective object and the assembly of the object supplied in replacement if the customer claims compensation for an inappropriate amount.
(4) If the product is a used item (e.g. used spare parts), the limitation period for claims of defect is one year as of the shipment of these parts. No easement for the limitation period related thereto shall apply, unless ATP is liable pursuant to § 10, para. 1 of these GTC or if the property right of a third party is concerned on the basis of which the surrender of the object of delivery can be demanded.
(5) In case of a sale of used objects, the claims and rights of an enterprise, which are based on defects, are precluded; this clause also applies to defects that were caused after the conclusion of the contract and before the transfer of risk. The foregoing exclusion from the warranty however does not apply if ATP is liable pursuant to § 10, para. 1 of these GTC or if the property right of a third party is concerned on the basis of which the surrender of the object of delivery can be demanded.
(6) Enterprises shall give notice in text form of obvious defects to the contact details specified above, within a period of 10 days since the receipt of the product; otherwise, the warranty claim is precluded. The timely mailing of the notice of defects is sufficient for compliance with the deadline.
§ 10 Liability
(1) ATP is liable for damages from injuries to life, body or health caused by it, its legal representatives or vicarious agents through an intentional or negligent breach of duty. In addition, ATP is also liable for provided guarantees as well as for damages that are covered by compulsory statutory provisions, such as the Product Liability Act (ProdHaftG). Irrespective thereof, ATP is liable for other damages that are due to intentional or gross negligent breaches of duty as well as fraudulent deceit by it, its legal representatives or vicarious agents.
(2) ATP is liable for damages that are caused by simple negligence that are not covered by paragraph 1, sent. 1 and 2, insofar as the negligence concerns the violation of such contractual duties, the fulfilment of which makes the implementation of the contract at all possible and the fulfilment of which the buyer may rely on for this reason (cardinal duties); in this regard however, the liability is limited in relation to enterprises to the predictable damage that is typical for the contract, the direct average damage, so that indirect damages (e.g. lost profit) and consequential damages are precluded in particular. The amount of the damage is limited in relation to enterprises to triple the value of the delivery.
(3) Any liability in excess thereof is precluded regardless of the legal nature of the claim made.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies. This choice of law applies to consumers, who do not conclude the contract for professional or commercial purposes, only to the extent, as the consumer is not deprived thereby of the protection granted under compulsory provisions of consumer protection of the law of the state in which the consumers maintain their permanent residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN CISG) do not apply.
(2) If the customer is an enterprise, a legal entity of public law or a public-law investment fund, the place of jurisdiction for all disputes arising from this contract is ATP s place of registration. The same applies if the customer does not have a general place of jurisdiction within Germany or if the place of residence or habitual abode is unknown on the date when the claim is filed in court. The right to file recourse in a court in another jurisdiction remains unaffected thereof.
