GTC

General Terms and Conditions of Business

Item 1 Scope

(1) These Terms and Conditions of Business contain the only valid terms agreed between the Purchaser and the Vendor, the company Autohaus J. Wiest & Söhne GmbH (Hilpertstrasse 6, 64295 Darmstadt, HRB 1218 Tax Office Darmstadt, USt-ID: DE811170871) represented by Managing Director Moritz Nitsche, unless otherwise amended by written agreement between the parties.
(2) The Purchaser will be notified in writing, by telefax or by e-mail of any amendments of these Terms and Conditions of Business. If the Purchaser does not object to these amendments within four weeks of receipt of the notification, the amendments shall be considered to have been accepted by same. In the event of amendments to the Terms and Conditions, the Purchaser will receive separate notification of the right to object and the legal consequences of remaining silent.
(3) The inclusion of Terms and Conditions presented by the Purchaser is hereby contradicted.

Item 2 Registration as user

(1) The Purchaser’s registration as a user in the Vendor’s trading system ensues free of charge. No entitlement to admission to the Vendor’s trading system exists. Participation is open to persons with unrestricted legal capacity. At the request of the Vendor, the Purchaser must submit a copy of his identity card. For admission, the Purchaser completes the registration form online on the website and submits this electronically in the required manner. The details necessary for registration are to be provided completely and truthfully. At the time of registration, the Purchaser chooses a personal user name and a password. The user name may not infringe on third party rights or other rights to a name or brand, or be contra bonos mores. The Purchaser is obliged to keep the password confidential and not to disclose it to third parties under any circumstances.
(2) Apart from the declaration of agreement to the validity of these General Terms and Conditions of Business, registration involves no other obligations of any kind. The entry can be deleted again at any time under “My account”. On its own, registration with the Vendor does not constitute an obligation to purchase with regard to the goods on offer.
(3) Where personal details change, the Purchaser himself shall be responsible for their update. All changes can be made online following registration, under “My account”.

Item 3 Conclusion of the contract

The presentation of the goods does not constitute a binding offer on the part of the Vendor. Only the Purchaser’s order for the goods constitutes a binding offer pursuant to Section 145 BGB. In the event of this offer being accepted, the Vendor shall e-mail order confirmation to the Purchaser.

Item 4 Prices, packaging and dispatch, partial delivery

(1) As a matter of principle, all valid prices are those shown in the shopping trolley on the Vendor’s website at the time of ordering. Deviating prices which may be shown on sites uploaded from temporary storage (e.g. browser caches, proxies) are not current prices and are invalid. The shopping trolley cannot be stored intermediately. The Vendor reserves the right to correct prices resulting from typing errors or errors in calculation. Unless otherwise agreed in writing, the prices apply ex place of shipment, not including packaging, freight charges or prior carriage charges. The costs of packaging and shipping shall be borne by the customer.
(2) Packaging material becomes the property of the Purchaser and is included by the Vendor in the shipping costs. Responsibility for disposal of the packaging material rests with the customer.
(3) Shipping costs are independent of the mode of shipment, method of payment and the shipping destination. They are stipulated on the order page prior to an online order, or specified for orders placed by telephone, and are shown separately on the invoice. The Vendor shall choose the mode of shipment from the permissible options, at his own discretion.
(4) In the case of partial shipments instigated or offered by the Vendor, subsequent deliveries shall ensue free of shipping costs. Should the Purchaser request that the shipment be split, additional shipping costs will be invoiced for each partial shipment.

Item 5 Lead times

(1) The term of delivery shall be approx. seven (7) working days, unless otherwise agreed. It begins – subject to the arrangements in para. 2 – with conclusion of the contract.
(2) For orders from customers with a residential or business address abroad, or where reasonable indications apply for a del credere risk, we reserve the right to deliver only following receipt of the purchase price together with shipping costs (reservation in respect of payment in advance). Should we wish to avail of the advance payment reservation, we shall inform you immediately. In this case, the term of delivery shall begin with payment of the purchase price and the shipping costs.

Item 6 Terms and conditions of payment

(1) Unless otherwise agreed, the purchase price, plus shipping costs as shown in the invoice, is due immediately without deductions.
(2) The Purchaser can choose from a number of different payment options offered, depending on the amount of the order, the mode of shipping and the shipping destination. The various options are shown in the shopping cart.
(3) Costs which arise as a result of the chargeback of a payment transaction due to shortage of cover, or due to details incorrectly supplied by the Purchaser, shall be invoiced to the Purchaser.
(4) In the event of default of payment on the part of a consumer, the Vendor shall be entitled to demand default interest at the rate of five percentage points above the valid base lending rate within the meaning of Article 288 (1) BGB. In the case of default of payment on the part of companies, the Vendor shall be entitled to demand default interest at the rate of nine percentage points above the base lending rate within the meaning of Article 288 (2) BGB.
(5) Set-off by the Purchaser is not permissible, except for counterclaims recognised by the Vendor or which have been established as final and absolute. The retention of payments by the Purchaser to set off counterclaims is excluded.

Item 7 Retention of title

Until such time as payment has been settled in full, the goods remain the property of the Vendor. If the Purchaser is in default of payment by more than 10 days, the Vendor shall have the right to withdraw from the contract and demand the return of the goods.

Item 8 Withdrawal

(1) If a major deterioration occurs in the Purchaser’s financial situation leading to reasonable doubts regarding his ability to pay, the Vendor shall be entitled to withdraw from the contract or withhold the delivery of goods and services and grant the Purchaser a reasonable grace period for the transaction of an advance payment or the provision of securities. Once this deadline has expired, the Vendor is entitled to withdraw from the contract.
(2) Up to the point at which the goods are transferred to the forwarding agent, the Purchaser shall have the right to withdraw from the purchase at any time. No reason need be given for the withdrawal.

Item 9 Warranty

(1) Should the supplied goods be faulty, the Purchaser shall be entitled, within the framework of the statutory provisions, to demand supplementary performance, withdraw from the contract or reduce the purchase price.
(2) The time limit for the assertion of guarantee claims for the goods supplied shall be two years from receipt of the goods, provided these are not used goods. For used goods, the time limit shall be one year from receipt of the goods.

Item 10 Limitation of liability

(1) The Vendor shall be liable in cases of malicious intent and gross negligence. Furthermore, the Vendor shall be liable for the negligent infringement of obligations, the observance of which makes the implementation of the contract possible in the first place, the infringement of which endangers the achieving of the purpose of the contract and the observance of which the Purchaser can generally depend on. In the latter case, however, the Vendor shall only be liable for foreseeable damage typical for contracts of this kind. The Vendor shall not be liable for the negligent infringements of obligations other than those listed above.
These disclaimers shall not apply for injury to life, limb or health. Liability pursuant to the Product Liability Act shall remain unaffected.
(2) Given the current state of the art, data communication via the internet cannot be guaranteed to be fault-free and/available at all times. In this respect, the Vendor shall not be liable for the constant and uninterrupted availability of the online trading system.

Item 11 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

Item 12 Assignability of claims

The Purchaser shall not be entitled to assign his claims arising from this contract without the prior agreement of the Vendor.

Item 13 Final provisions

(1) Amendments or additions to these Terms and Conditions of Business must be recorded in writing. This shall also apply for the revocation of this written form requirement.
(2) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. Mandatory stipulations of the state in which the Purchaser has his customary place of residence remain unaffected.
(3) If, at the time of conclusion of the contract, the Purchaser has his place of residence or usual address in Germany and has either transferred it at the time of the filing of the complaint, or his address is unknown at this time, court of jurisdiction for all disputes is the registered office of the Vendor in Darmstadt.
If the Purchaser does not have his address or usual residence in an EU Member State, the courts at the registered office of the Vendor shall have jurisdiction for all disputes.
(4) Should individual provisions of this contract be invalid or in conflict with statutory stipulations, the remainder of the contract shall not be affected. The invalid provision will be replaced by the parties, by mutual agreement, with a legally-effective provision which comes closest to the economic purpose and intent of the invalid provision. The above arrangement shall apply accordingly to any omissions.

Autohaus J. Wiest & Söhne GmbH, Hilpertstrasse 6, 64295 Darmstadt, HRB 1218 Tax Office Darmstadt, VAT No.: DE811170871, represented by Managing Director Moritz Nitsche

Item 14 Consumer arbitration body

As a voluntary measure, the Vendor is willing to participate in dispute resolution before a consumer arbitration body within the meaning of the VSBG. The responsible consumer arbitration body before which the Vendor will participate in dispute resolution is:

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 body is a “general consumer arbitration board” pursuant to Section 4, Sub-section 2, Sentence 2 VSBG.

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