Conditions

GTC / AVB

GENERAL CONDITIONS OF SALE

Online mail order business

ULRICH SEHLING – SPARE PARTS SERVICE

Ulrich Sehling
Heideweg 14
31241 Ilsede
E-mail:sehling-vertrieb@t-online.de

Phone: 05171 / 590392
Fax: 05171 / 5459039

As of: January 16, 2020

Content:
1. Provider identification; scope
2 offers; Conclusion of contract
3. Registration of the customer account
4. Consumer right of withdrawal
5. Prices and shipping costs
6. Payment modalities
7. Delivery; Product availability; Retention of title
8. Material defect warranty, guarantee
9. Liability
10. Applicable Law; Place of jurisdiction
11. Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:

1. Provider identification; scope

1.1 These general terms and conditions of sale (hereinafter referred to as "AVB") apply to everyone in the

ULRICH SEHLING – SPARE PARTS SERVICE

Ulrich Sehling
Heideweg 14
31241 Ilsede
E-mail:sehling-vertrieb@t-online.de

Phone: 05171 / 590392
Fax: 05171 / 5459039

Sales contracts concluded between you, our customers (hereinafter "you" or "customer (s)") and me about the. on the website of the above-mentioned owner or in the online shop operated there (hereinafter referred to as "online shop") Goods available in the online shop. The essential characteristics of the respective goods can be found in the article description.

1.2 The AVB apply exclusively. We generally do not recognize general terms and conditions of the customer that contradict or deviate from the AVB - unless we expressly consent to their validity in writing.

1.3 These GTS apply exclusively to consumers. “Consumer” within the meaning of Section 13 of the German Civil Code (hereinafter “BGB”) is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2. Offers / conclusion of contract

2.1 The presentation and description of the products in the online shop does not represent a legally binding offer by us, but an opportunity / request to you to submit an offer by means of an order. We ensure that all goods ordered via the online shop are delivered, although there may be a deadline for delivery due to ongoing production.

2.2 You can select products from the range of products in the online shop and save / collect them in a so-called shopping cart using the button "activate"> or "add to cart". With the "Buy now" button, you submit a binding application to purchase the goods in the shopping cart. Then you can either log in via an existing customer account ("customer account") or register a customer account as a new customer or order as a guest without logging in (your data cannot be saved in a customer account, you cannot log in). You can change and view the data at any time before submitting your order. You can make corrections using the usual keyboard, mouse and browser functions (e.g. the browser's »back button«). You can also cancel the ordering process early, close the browser window and repeat the process. However, you can only submit your application to us if you accept these AVB and have thereby included them in your application.

2.3 The purchase contract comes with our acceptance by sending an order confirmation by email ("order confirmation"), which contains the terms and conditions, the cancellation policy, the model cancellation form and the information on data protection, but no later than upon delivery of the goods or their collection on site.

2.4 The text of the contract is saved in compliance with data protection. You can see your orders in your customer account.

2.5 The contract is concluded in German.

2.5.1 Before the binding submission of the order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 Order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails 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 can be delivered.

3. Registration of the customer account

3.1 You can register your own customer account in the online shop, into which you can log in with your access data sent to you by email and which you can use to manage it yourself. Registering a customer account is not an order requirement. However, you are obliged to provide complete and correct information when registering. Your customer account is not transferable. You are not allowed to set up more than one customer account. You are not allowed to lend or rent out your customer account. There is no entitlement to register a customer account.

3.2 You are solely responsible for the security of the password of your customer account. In particular, this includes strict confidentiality and no third party disclosure of the password. If the password for your customer account has become known to unauthorized persons or if you suspect it, you are obliged to change your password immediately. We do not accept any liability for any damage in connection with the misuse of the password for which we are not responsible. You undertake to inform us immediately of any unauthorized use of your password or any such suspected case.

3.3 You can have your customer account deactivated by us by sending us a corresponding request by email. Your customer account will then be deactivated / deleted. This action can not be undone. This does not affect any payment obligations to us that existed at the time of deactivation.

4. Consumer right of withdrawal

4.1 When concluding a distance selling transaction, you generally have a statutory right of withdrawal, about which we will inform you in accordance with the legal model below. The exceptions to the right of withdrawal are set out in no. 4.2 regulated. In no. 4.3 there is a sample withdrawal form.

Right of withdrawal

Right of withdrawal

You have the right to revoke this contract within fourteen days - without giving reasons. The cancellation period is fourteen days from the day on which you (or a third party named by you who is not a transport service provider) took possession of the goods.

To exercise your right of withdrawal, you must tell us:

ULRICH SEHLING – SPARE PARTS SERVICE

Ulrich Sehling
Heideweg 14
31241 Ilsede
E-Mail: sehling-vertrieb@t-online.de

Phone: 05171 / 590392
Fax: 05171 / 5459039

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form. However, this is not mandatory. To meet the cancellation deadline, it is sufficient if you send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

4.1) Consequences of the withdrawal

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben,  unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrages bei uns eingegangen ist. Dies ist einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, kostenfreie Standardlieferung gewählt haben). Für diese Rückzahlung verwenden wir grundsätzlich dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion gewählt haben; es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart. Keinesfalls werden Ihnen wegen dieser Rückzahlung Entgelte berechnet. Wir können die Rückzahlung verweigern, bis wir die Ware wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist. Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrages unterrichten, an uns zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Ware/n vor Ablauf der Frist von vierzehn Tagen absenden. Sie tragen die Kosten der Rücksendung der Waren. Sie müssen für einen evtl. Wertverlust der Waren nur aufkommen, wenn dieser auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang  zurückzuführen ist.

4.2) There is no right of withdrawal:

The right of withdrawal does not apply to contracts with commercial customers, schools or educational institutions
as well as the delivery of goods that are not prefabricated(this includes steel and semi-finished products, cuts or machine components)and / or for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored or manufactured to the personal needs of the consumer.

Remaining items are excluded from return/cancellation!

4.3) Model withdrawal form

We inform you about the model cancellation form as follows:

(If you want to revoke the contract, please fill out this form and send it back.)

An

ULRICH SEHLING – SPARE PARTS SERVICE

Ulrich Sehling
Heideweg 14
31241 Ilsede
E-Mail: sehling-vertrieb@t-online.de
Fax: 05171 / 5459039

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
________________________________________________________________________________
Ordered on (*)
________________________________________________________________________________
received at (*)
________________________________________________________________________________
Name of consumer(s)
_________________________________________________________________________________
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
_________________________________________________________________________________
date
(*) Delete where not applicable

5. Prices and shipping costs

5.1 All prices specified in the online shop include the applicable statutory sales tax.

6. Payment modalities

6.1 You can pay for your order in advance by bank transfer to our bank account, using the PayPal payment service (hereinafter "PayPal"), by SEPA direct debit or on site.

6.2 When paying by bank transfer, we will give you our bank details in the order overview at the end of the order process and in the order confirmation.

6.3 If you want to pay the invoice amount via PayPal, you must be registered there or register, identify yourself with your access data and confirm the payment instructions to us.

6.4 Payment by SEPA direct debit requires a corresponding SEPA direct debit mandate.

7. Delivery; Availability of goods, retention of title

7.1 Delivery will be made to the invoice address you have provided or to a different delivery address, if applicable. Alternatively, you can also pick up your order on site, provided you have selected the "pick-up" option when placing your order.

7.2 We deliver up to 30 kg to the EU and Switzerland, above this only to customers who are domiciled in the Federal Republic of Germany and who enter a corresponding delivery address. The goods are delivered by a suitable transport company commissioned by us. We are only entitled to make partial deliveries if this is reasonable for you. You ensure that the group of people found at the specified delivery address is present and entitled to receive the delivery. If the delivery fails for reasons for which you are responsible, you will bear the costs of a new delivery. You can request personal delivery to yourself or to a specific person specified by you.

7.3 If no or no different delivery time is specified for the respective goods in the online shop, it is usually up to four (4) working days, provided that payment has been received. Delivery times specified by us are calculated from the time we have received your order. When paying by bank transfer (with online banking), receipt of payment usually takes one to two (1-2) working days. If, at the time of your order, the product you have selected is temporarily unavailable or not available in the quantity ordered, we will notify you of this immediately in a suitable manner. If the product is permanently unavailable at the time of your order, we will not issue a declaration of acceptance. A contract is not concluded in this case.

7.4 The goods remain our property until they have been paid for in full.

8. Material defect warranty, guarantee

8.1 We are liable for material defects in accordance with the applicable statutory provisions.

8.2 There is only an additional guarantee for the goods delivered by us if this was expressly given in the order confirmation for the respective article.

9. Liability

9.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on our willful or grossly negligent breach of duty, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

9.2 In the event of a breach of essential contractual obligations, we are only liable for the foreseeable damage typical of the contract, if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

9.2.1 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

9.3 The restrictions of No. 10. also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. Mandatory legal liability remains unaffected.

10. Applicable Law

The law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle). The provisions of the UN sales law do not apply.

11. Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find underhttps://ec.europa.eu/consumers/odrFind. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. You can find our email address above under no. 1.1 or in the imprint.