General terms and conditions of business
§ 1 Validity, definitions of terms
(1) Truckpoint Autoservice, Maybachstraße 15-17, 51381 Leverkusen, Germany (hereinafter: "we" or "Getriebeshop24") operates an online shop for goods on 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 the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity 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 provisions on the conclusion of the contract apply to orders 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) When an order is received in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
- selection of the desired goods,
- Adding the products by clicking on 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 on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete the order by clicking on the "Buy now" button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the specified e-mail address.
(4) In case of conclusion of the contract, the contract is concluded with Truckpoint Autoservice, Maybachstraße 15-17, 51381 Leverkusen, Germany.
(5) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.
(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 aborting the order process, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract in our online shop is:
- The sale of goods. The specific goods offered can be found on our product 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 will be expressly stated in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices and shipping costs stated in the respective offers 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 (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated 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 prices stated, shipping costs may be incurred for the delivery of products unless the respective article is stated as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for dispatch immediately (delivery time: after receipt of payment).
(5) The following delivery area restrictions apply: Delivery takes place to the following countries: Belgium, Germany, Luxembourg, Netherlands, Switzerland, Austria.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 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 breaches of contractual obligations and tortious acts is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of a 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 a contractual obligation, liability for material and financial damage resulting therefrom shall be limited to the damage that is typically foreseeable under the contract limited. A contractual obligation is one whose fulfilment enables the proper execution of the contract in the first place, whose violation endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.
§ 8 Contract Language
The contract language is exclusively German.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods shall be 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will of course have no effect on your statutory warranty claims.
(4) The professional installation must be carried out by an approved specialist or master workshop. Proof in the form of an installation invoice with the installation date and mileage of the vehicle on the day of the repair must be provided by the customer in the event of a warranty claim.
(5)
§ 10 Final Provisions/Dispute Settlement
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(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 (ODR), which you can find at https://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.