General Terms and Conditions
§ 1 Validity, Definitions of Terms
(1) Getriebeshop24 GmbH, Maybachstraße 15-17, 51381 Leverkusen, Germany (hereinafter: "we" or "Getriebeshop24") operates an online shop for goods at the website https://getriebeshop24.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in their version valid at the time of the order, unless otherwise expressly agreed.
(2) A "consumer" in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An "entrepreneur" is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity, whereby a legal partnership is a partnership that is endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following regulations regarding the conclusion of contracts apply to orders placed via our online shop at https://getriebeshop24.de.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g., "Add to cart", "Add to shopping bag" or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking the corresponding button (e.g., "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
- Entering/checking address and contact details, selecting payment method, confirming the GTC and right of withdrawal,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Completing the order by pressing the "Buy now" button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us at the e-mail address provided within three working days.
(4) In the event of the conclusion of a contract, the contract is concluded with Getriebeshop24 GmbH, Maybachstraße 15-17, 51381 Leverkusen, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the right of withdrawal, takes place by e-mail after you have triggered the order, partly automatically. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g., the browser's "back button"). They can also be corrected by prematurely canceling the ordering process, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Subject of the Contract and Essential Characteristics of the Products
(1) The subject of the contract in our online shop is: The sale of goods. You can find the specific goods offered on our item pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly indicated in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject of the contract.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices stated in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is indicated as shipping-free. The shipping costs will be clearly communicated to you on the offers, possibly in the shopping cart system and on the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Germany, Luxembourg, Netherlands, Switzerland, Austria.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from unlawful acts is limited to intent or gross negligence.
(2) In the event of slight negligence, we are liable without limitation for injury to life, body, health or for the breach of an essential contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached an essential contractual obligation, the liability for property and financial damages attributable thereto is limited to the contract-typical foreseeable damage. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation jeopardizes the achievement of the contract purpose and on whose observance you can regularly rely. This includes, in particular, our duty to act and to fulfill the contractually owed service described in § 3.
§ 8 Contract Language
The contract language available is exclusively German.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty claims.
(4) Professional installation must be carried out by an approved specialist or master craftsman. Proof in the form of an installation invoice with the installation date and the mileage of the vehicle on the day of repair must be provided by the customer in the event of a warranty claim.
§ 10 Transfer of Risk, Returns and Liability for Returns
(1) Transfer of risk for outbound shipments (B2B): If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated for the execution of the shipment.
(2) Returns by consumers (B2C):
- a) The customer is obliged to carefully and transport-safe package the goods for any return shipment (e.g., in case of revocation). The original packaging should be used if possible.
- b) The customer is liable for damages to the goods resulting from insufficient or improper packaging during return shipment.
- c) In the event of a revocation, Getriebeshop24 bears the statutory risk of return transport, provided the goods have been properly packaged and handed over to the transport company. We recommend shipping as an insured package with tracking.
(3) Returns by entrepreneurs (B2B):
- a) Returns generally require prior written consent from Getriebeshop24.
- b) The entrepreneur is obliged to professionally and transport-safe package the goods for return shipment. They are liable for all damages resulting from insufficient packaging during return shipment.
- c) The risk of loss or damage to the goods during return transport in the B2B sector is borne by the entrepreneur until the goods arrive at our business premises.
- d) Unless otherwise agreed in writing, the entrepreneur bears the costs of the return shipment in full.
§ 11 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
