Please note that only the German language version (AGB) is legally valid.
§ 1 Area of applicability
For business relationships to the customer for orders over the Internet the following General Terms and Conditions
in the version valid at the time of the order are applicable.
§ 2 Contract conclusion
The following regulations are valid for the contract conclusion in the framework of an order in our Internet shop:
- The customer gives an offer in the sense § 145 BGB by sending an order. The customer receives a confirmation of
receipt of the order via email. If applicable, we will inform the customer of possible errors in the statements to
the assortment in our online store separately, and make a corresponding counteroffer.
- The customer foregoes the receipt of an acceptance declaration, § 151 p.1 BGB. The contract with us comes into
force if we accept the offer of the customer within 10 days in writing or text form, or send the ordered goods,
or the customer performs payment in advance upon correspondingly selected method of payment.
§ 3 Delivery, shipping costs, transfer of risk
The delivery takes place at the shipping costs respectively listed in the offer. If the customer is a merchandiser,
all risks and danger of shipment are transferred to the customer as soon as the goods were handed over to the contracted
logistics partner by us.
§ 4 Reservation of proprietary rights
The delivered goods remain our property until full payment of the purchase price has been made.
§ 5 Returns
Conditions of return
You may return the received goods within 14 days without statement of reasons by
sending the goods back. The term commences after the receipt of these conditions in text form (e.g. as letter, fax,
E-Mail), but not prior to entry of the goods to the recipient (in case of repeated delivery of the same type of goods
not prior to the receipt of the first partial delivery) and also not prior to the fulfilment of our informational
obligations according to article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations
according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Only in case of
goods that cannot be sent (e.g. in case of bulky goods) you can also declare the return through the demand for return
in text form. The timely dispatch of the goods or the return demand is sufficient for the adherence to the term. In any
case the return takes place at our cost and risk. The return shipment or the return demand is to be addressed to:
BS-Motoparts
Prop.: Peter Boschmann
Rosenstr. 2
51702 Bergneustadt
GERMANY
At the request of taking back, the goods are being picked up with you.
Consequences of return
In case of an effective return the services received on both sides are to be returned
and possibly derived benefits (e.g. usage advantages) are to be handed out. In case of worsening of the goods value
compensation can be demanded. This is not applicable if the worsening of the goods is based solely on their inspection
– as it would have been possible in a store. Apart from that you can avoid the obligation for value compensation
for a worsening by intended use of the item by not using the goods like your property, and avoiding all actions that
impede their value. Obligations for the compensation of payments must be fulfilled within 30 days. The term commences
for you with the sending of the goods or the demand for return, for us with the receipt.
End of the conditions of return
§ 6 Warranty
- It is guaranteed that the goods are of the possibly agreed condition resp. are free of material defects at the time
of transfer. This means that the goods are adequate for the use required by the contract or are adequate for common use
and show a condition that is common for items of the same type, and the customer may expect according to the type of
item and/or the announcement by us, respectively the manufacturer. Characteristics of the goods according to our
statements, the identification of the goods, or the advertisement only belong to the agreed condition towards
enterprisers if this was explicitly stated in the offer, confirmed by us in writing, or identified in the order
confirmation.
- If the purchase is a trade business for both parties in the sense of § 343 HGB, § 377 HGB is valid.
- The duration of the warranty is 2 years for new goods. The duration of the warranty is 1 year for used goods,
if the customer is a consumer. The warranty for used goods is excluded if the customer is merchandiser. The warranty
commences with the receipt of the goods by the customer. § 478 BGB remains untouched.
- In case of fault, you may first choose the legal claims supplementary fulfilment
(fault elimination or supplementary delivery). If the legal requirements are given, you have the right for reduction
of the purchase price beyond that, or the withdrawal and claim for damage compensation of unavailing expenditures.
The supplementary fulfilment may be denied if it is only possible with disproportionally high expenses.
The cancellation is excluded if the fault is insignificant.
§ 7 Consumer information for distance marketing contracts for the acquisition of goods
We are not subject to special behaviour codes not mentioned above.
The essential characteristics of the goods we offer, as well as the duration of validity of termed offers are
listed in the individual product descriptions in the framework of our Internet offer.
The language available for contract conclusion is exclusively German.
You have the option of printing the contract text with the print function of your browser. You can also save the
contract text by saving the Internet page on your computer by clicking on the right mouse key. The contract text for
orders in our internet shop is not accessible to the customer. The contract text is also saved by us.
After contract conclusion you automatically receive an email with further information for the processing of the contract.
You may file reclamations and warranty claims to the address stated under the provider identification.
Please view the offer for information for payment, delivery, or fulfilment. In the Internet shop you are informed
about possibilities to recognize and correct entry errors in the framework of the order process.
§ 8 Miscellaneous
The law of the Federal Republic of Germany is applicable for the contract relationship between us and the customer as
well as for the respective business terms. If the customer is consumer, the applicable legal regulations and rights
for the benefit of the consumer according to the law of the country of residence of the customer remain untouched by
this agreement. The application of the UN convention on contracts for the international sale of goods is excluded.
Exclusive place of jurisdiction is the local court of our place of residence if the customer is a businessman
in the sense of the HGB or a corporation of public law.
§ 9 Severability clause
Should individual regulations of this contract be partially or enitrely void, or should they lose their legal validity
later on, the validity of the remaining contract remains untouched.
Miscellaneous
Printable version of these terms & conditions
