General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Granting of Rights of Use for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for Assembly/Installation Services
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") of ARS Auto-Radio-Shop GmbH & Co. KG (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise stipulated. In addition to delivering the goods, the Seller owes the provision of digital content or digital services (hereinafter referred to as "digital products") which are contained in or connected to the goods in such a way that the goods cannot perform their functions without them.
1.3 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC means data created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email, post or telephone.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When placing an order via the Seller's online order form, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors may be the browser's zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are generally carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring money through financial institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise if delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.
4.5 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which the Seller makes an advance payment to the Customer (e.g. purchase on account or installment payments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data provided. The Seller reserves the right to refuse the Customer's selected payment method in the event of a negative result of the assessment. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, payment with discharging effect can only be made to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general Customer enquiries relating, for example, to the goods, delivery times, shipping, returns, complaints, declarations and shipments relating to withdrawal, or credit notes.
4.6 If the "Sofortüberweisung" payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account enabled for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. Further information about the "Sofortüberweisung" payment method is available online at https://www.klarna.com
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing system shall be decisive for processing the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the original shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions set out in the Seller's cancellation policy shall apply if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier or other person or institution to carry out the shipment and the Seller had not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller itself. However, this only applies if the Seller is not responsible for the failure to deliver and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration already paid will be refunded without delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
5.6 Digital content will be provided to the Customer as follows:
- by email
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive, geographically and temporally unrestricted right to use the content for both private and commercial purposes.
6.2 Passing the content on to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content before this time. Such provisional permission does not constitute a transfer of rights.
7) Retention of Title
If the Seller makes an advance payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions concerning liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
- for used goods, claims based on defects are excluded;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
8.2 The limitations of liability and shortened limitation periods set out above shall not apply
- to claims by the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary use and have caused the building to be defective,
- to any existing obligation on the part of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery service about delivered goods showing obvious transport damage and to inform the Seller accordingly. Failure by the Customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The Seller shall be liable without limitation on any legal grounds
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise stipulated in this respect,
- on the basis of mandatory liability, such as under the German Product Liability Act.
9.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following limitations of liability shall apply:
If the Seller negligently breaches an essential contractual obligation, the Seller's liability shall be limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, liability on the part of the Seller is excluded unless the Seller is liable without limitation pursuant to the preceding clause.
9.3 The above liability provisions shall also apply with regard to the Seller's liability for its agents and legal representatives.
10) Special Conditions for Assembly/Installation Services
If, according to the content of the contract, the Seller owes not only the delivery of goods but also the assembly or installation of the goods at the Customer's premises and, where applicable, corresponding preparatory measures (e.g. taking measurements), the following shall apply:
10.1 The Seller shall perform its services, at its discretion, personally or through qualified personnel selected by the Seller. The Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the requested service.
10.2 The Customer must provide the Seller with all information required to perform the service owed, completely and truthfully, unless obtaining such information falls within the Seller's obligations under the contract.
10.3 After conclusion of the contract, the Seller will contact the Customer in order to arrange an appointment for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant Customer facilities at the agreed appointment time.
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the assembly work has been completed and the goods have been handed over to the Customer.
11) Applicable Law
11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.
12) Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any event be entitled to bring proceedings before the court at the Customer's registered office.
13) Code of Conduct
- The Seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed online at https://support.google.com
/merchants ./answer /14629803 ?hl=de &ref_topic=14629086 - The Seller has submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com
/tsdocument ./TS_QUALITY_CRITERIA_de.pdf
14) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
