GTC

General Terms and Conditions

§1 Scope

(1) These General Terms and Conditions (hereinafter: GTC) shall apply to all contracts concluded via the online shop between the Seller, the company Autohaus J. Wiest & Söhne GmbH (Hilpertstraße 6, 64295 Darmstadt, HRB 1218 Finanzamt Darmstadt, USt-ID: DE811170871), represented by the Managing Director Moritz Nitsche, and the Buyer in the version valid at the time of the order.
(2) Deviating general terms and conditions of the Buyer shall not be recognized unless the Seller expressly agrees to their validity.
(3) The Buyer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

§2 Registration as user

(1) The registration of the Buyer as a User to the Seller’s trading system shall be free of charge. There shall be no entitlement to admission to the Vendor’s trading system. Only persons of unlimited legal capacity are entitled to participate. Upon request of the seller, the buyer shall send a copy of the identity card. For admission, the buyer shall electronically complete the registration form available on the website and submit it in the electronically provided manner. The data required for registration must be provided completely and truthfully. Upon registration, the Buyer shall choose a personal user name and password. The user name may not infringe the rights of third parties or other rights to a name or trademark or offend common decency. The buyer is obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Apart from the declaration of agreement with the validity of these General Terms and Conditions, registration is not associated with any obligations. The entry can be deleted at any time under “My Account”. Registration with the seller alone does not constitute any obligation to purchase the goods offered.
(3) If personal details change, the buyer is responsible for updating them. All changes can be made online after logging in under “My Account”.

§3 Conclusion of the contract

(1) The presentation of the goods does not constitute a binding offer by the seller to conclude a purchase contract.
(2) By sending an order via the online shop, the Buyer places a legally binding order. In the event of acceptance of this offer, the Vendor shall send the Buyer an order confirmation by e-mail.
(3) If no copies of the product selected by the Buyer are available at the time of the Buyer’s order, the Seller shall inform the Buyer of this immediately in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

§4 Prices, packaging and shipping, partial delivery

(1) All prices are generally the prices listed in the shopping basket on the Seller’s website at the time of the order. Any deviating prices that may be displayed on pages that are loaded from caches (e.g. browser caches, proxies) are not current and are invalid. The shopping cart cannot be cached. The seller reserves the right to correct prices due to typing errors or calculation errors. Unless expressly agreed otherwise in writing, the prices shall apply ex place of dispatch excluding packaging, freight or pre-carriage. The customer shall bear the cost of packaging and shipping.
(2) Packaging shall become the property of the buyer and shall be charged by the seller in the shipping costs. The disposal of the packaging material is the responsibility of the customer.
(3) Shipping costs depend on the shipping method, the payment method and the shipping destination. They are shown on the order page before an online order is placed or are stated in the case of orders placed by telephone and are shown separately on the invoice in each case. The choice of shipping method is
made by the Seller to the best of its ability within the framework of the permissible possibilities.
(4) In the event of partial deliveries arranged or offered by the Seller, subsequent deliveries shall be made free of shipping costs. If the buyer wishes to split the delivery, the shipping costs for each partial delivery will also be charged.

§5 Delivery times

(1) The delivery period is approximately 7 (in words: seven) working days, unless otherwise agreed. It begins – subject to the provision in para. 2 – with the conclusion of the contract, i.e. with the confirmation of the order by e-mail as described in § 3 para. 2 of these GTC.
(2) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

§6 Terms of payment

(1) Unless otherwise agreed, the purchase price plus shipping costs as stated in the invoice is due immediately without deduction.
(2) The buyer has the choice of various payment methods, which are offered depending on the order total, the delivery method and the shipping destination. The various options are available for selection in the shopping basket.
(3) Costs incurred by chargeback of a payment transaction due to lack of funds or due to incorrect data transmitted by the buyer will be charged to the buyer.
(4) In the event of default in payment by consumers, the Seller shall be entitled to charge default interest in the amount of 5 (in words: five) percentage points above the applicable base interest rate within the meaning of Section 288 (1) of the German Civil Code (BGB). In the case of delayed payment by entrepreneurs, the Seller shall be entitled to charge interest on arrears in the amount of 9 (in words: nine) percentage points above the base interest rate within the meaning of Section 288 (2) of the German Civil Code (BGB).
(5) The Buyer shall not be entitled to set-off against claims of the Seller unless the counterclaims of the Buyer have been legally established or are undisputed.

§7 Retention of title

The goods shall remain the property of the Seller until payment has been made in full.

§8 Withdrawal

(1) If the buyer is more than 14 days in arrears with payment, the seller shall be entitled to withdraw from the contract and to reclaim the goods.
(2) If there is a significant deterioration in the financial circumstances of the Buyer which gives rise to doubts about his ability to pay, the Seller shall be entitled to withdrawfrom the contract or to retain the deliveries and services and to set the Buyer a reasonable deadline for making advance payments or providing securities. After expiry of this period, the Seller shall be entitled to withdraw from the contract.
(3) The buyer hasthe right to withdraw from the purchase at any time up to the time of handover of the goods to the carrier. A reason for the withdrawal is not required.

§9 Warranty

(1) The Seller shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. This period is one year for used items.
(2) With respect to entrepreneurs, the warranty period on items delivered by the seller is 12 months.

§10 Liability

(1) The Seller shall be liable to the Buyer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Seller shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Buyer may regularly rely (cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, the Seller’s liability is excluded subject to the provision in para. 3.
(3) The Seller’s liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) Data communication via the Internet cannot be guaranteed to be error – free and/or available at all times according to the current state of the art. In this respect, the Seller shall not be liable for the constant and uninterrupted availability of its online trading system.

§11 Assignability of claims

The Buyer is not entitled to assign its claims under the contract without the Seller’s consent.

§12 Consumer Information pursuant to Regulation (EU) No. 524/2013:

For disputes with us in relation to online sales agreements or online service agreements, the possibility is given of availing of the EU Commission online dispute resolution platform for the settlement of disputes. The platform can be reached under
www.ec.europa.eu/consumers/odr
Our e-mail address is kontakt@wiest-autohaeuser.de

§13 Dispute resolution procedure before a consumer arbitration board, § 36 VSBG General information obligation

The Seller is voluntarily prepared to participate in dispute resolution proceedings before a consumer
arbitration board within the meaning of the VSBG. The competent consumer arbitration board before
which the seller will participate in a dispute
resolution procedure is

Die Universalschlichtungsstelle (ehemals Allgemeine Verbraucherschlichtungsstelle) des Zentrums für Schlichtung e.V.
Straßburger Str. 8
77694 Kehl
Telefon +49 7851 79579 40
Telefax +49 7851 79579 41
Internet www.verbraucher-schlichter.de
E-Mail: mail@verbraucher-schlichter.de

This arbitration board is a “Allgemeine Verbraucherschlichtungsstelle” according to § 4 paragraph 2 sentence 2 VSBG.

§14 Data Protection

(1) Data is collected and processed by the Seller. This is done within the framework of the statutory data protection laws and data protection regulations.
(2) Which data the vendor processes, how and for what purpose, can be found in the data protection declaration, which can be viewed under https://shop.wiest-autohaeuser.de/en/data-protection/.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the buyer has his habitual residence as a consumer, shall remain unaffected.
(2) Amendments or supplements to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.
(3) Should any provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected thereby. The invalid provision shall be replaced by a provision that comes as close as legally possible to the intention of the parties. The same shall apply in the event of a loophole.
(4) The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these GTC is Cologne.

Autohaus J. Wiest & Söhne GmbH, Hilpertstraße 6, 64295 Darmstadt, HRB 1218 Tax Office Darmstadt, VAT ID: DE811170871, represented by the Managing Director Moritz Nitsche

Status: October 2021

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