1. Scope
The following General Terms and Conditions apply exclusively to all orders in their valid format at the time of placement. Those terms and conditions of the purchaser which deviate from these will not be recognised unless we expressly authorise their validity. The text of these General Terms and Conditions can be downloaded and printed.
2. Conclusion of Contract
The goods and price details listed on our web site are not binding. The sales agreement becomes effective when we confirm the delivery of goods. There is no acceptance on our part confirming receipt of the order. Typing errors and calculation errors give us grounds for cancellation. We are also entitled to cancel if the ordered product can not be delivered. The purchase price which has already been paid is immediately reimbursed in these cases.
3. Right of Cancellation
The purchaser can cancel the sales agreement in writing (or by e-mail) or by returning the goods within two weeks of receipt. To protect this deadline, punctual sending of the cancellation to the following address is sufficient. Cancellations should be sent to bestellung@autosol.de. Providing the value of the order exceeds Euro 40.00, we will reimburse the costs for its return. We reserve the right to claim a reduction in cost owing to the usage of goods.
4. Delivery
Delivery occurs ex works to the address specified by the purchaser. We deliver within Germany for an order value of up to EUR 200 freight collect, deliveries between EUR 200-300 free carrier and deliveries from EUR 300 net are free of charge. If the goods are sent abroad at the purchaser's request or the purchaser chooses a special type of delivery then they must bear the additional costs incurred as a result. In cases of deliveries abroad the purchaser bears the cost of incidental taxes and duties. Provided nothing to the contrary is agreed, the details regarding the delivery date are not binding.
5. Payment Terms
The purchase price without deductions is due as soon as goods are received. The purchaser can pay the purchase price by credit card or transfer. If the purchaser is in default of payment, we are authorised to claim default interest at 5% above the Deutsche Bundesbank's credit interest rate. In cases where we incur additional damages as a result of the delay, we are then authorised to make these applicable. The purchaser is authorised on their part to prove that the delay in payment has not resulted in us incurring any damage or considerably less damage than claimed. The purchaser is only entitled to charge us if their counterclaim has been legally established or recognised in writing by ourselves. The purchaser is only authorised to exercise their right of retention if their counterclaim is based on the same contractual agreement.
6. Retention of Title
The delivered goods remain our property until full payment for all existing claims against the purchaser is made.
7. Guarantee and Liability
If there is a fault in the purchased item, the purchaser may request either the removal of the fault or a replacement item. If we expressly decline to remove the fault or to replace the item or are not in a position to do so or removal of the fault or replacement of the item is unsuccessful, the purchaser is authorised at their own inclination to withdraw from the contract or request a relevant reduction in the purchase price.
The warranty period is two years following delivery. Provided that hereafter nothing else arises, advanced claims of the purchaser are equally excluded whatever the legal grounds. Therefore we are not liable for damages which do not result from the purchase item itself, we are not liable for loss of profit or other financial losses of the purchaser in particular. Provided our liability is excluded or limited, this is also valid for the personal liability of our employees, representatives or vicarious agents. The aforesaid limitation of liability is not applicable for injury to life, body or health, which are due to our negligent breach of duty or by the intentional or negligent breach of duty of our representatives or vicarious agents. The limitation of liability is moreover not applicable, if the injury is due to gross negligent breach of duty on our part or an intentional or grossly negligent breach of duty on the part of our representatives or vicarious agents.
8. Data Protection
The purchaser has been acquainted with the collection, processing and usage of personal data under the title of "Data Protection" and expressly accepts this collection, processing and usage.
9. Applicable Law and Place of Jurisdiction
The German law applies to the exclusion of UN purchasing law. The place of jurisdiction, as far as is legally permissible, is Solingen. These General Terms and Conditions are also binding for the remainder even with the legal ineffectiveness of certain points. Instead of an ineffective ruling that which is legally permissible is valid.
