General terms and conditions (GTC) of auto-teileshop for online business and telephone orders

1. Scope

1.1. These general terms and conditions apply to all orders from customers in the online shop of auto-teileshop, Pernersdorfersgasse 56, 1100 Wien (hereinafter referred to as "auto-teileshop") and to telephone orders. They regulate the formation of the contract between auto-teileshop and a customer, the processing of concluded contracts and the mutual rights and obligations.

1.2. For the business relationship between auto-teileshop and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Auto-teileshop does not recognize deviating conditions of the customer, unless auto-teileshop has expressly agreed to their validity.

 

2. Provider and contractual partner

The provider of the online shop is and the customer's contractual partner is:

Auto-teileshop.at, Pernersdorfersgasse 56, 1100 Vienna and Neilreichgasse 95-99/1/5

Telephone: +43 6608249299 or 068181616786                                             

Email: ilkayhalefoglu525@gmail.com

Register court: District court VIENNA

Managing Director: Sinan Halefoglu,

Advisory Board: Sinan Halefoglu

Sales tax ID: AT 77110715

 

3. Conclusion of contract, contract language and storage of the contract text

3.1. Conclusion of contract for orders via our online shop

3.1.1. The presentation of the goods in our online shop is not a binding offer to the customer, but merely represents an online sales prospectus.

3.1.2. The sending of the order (the online order form) by the customer represents a binding offer by the customer to auto-teileshop to conclude a purchase contract for the goods contained in the order on the terms communicated with the order.

3.1.3. After receipt of the order, auto-teileshop sends the customer an email confirming receipt of the order by auto-teileshop and listing its details (order and contract confirmation). The purchase contract is concluded with this email Ilkayhalefoglu525@gmail.com confirmation.

 

3.2. Conclusion of contract for telephone orders

3.2.1. The same applies here: The presentation of the goods in our online shop is not a binding offer to the customer, but merely represents an online sales prospectus.

3.2.2. The telephone order by the customer represents a binding offer by the customer to auto-teileshop to conclude a purchase contract for the goods ordered.

3.2.3. The receipt of the order by the operators of all auto-teileshop, who are only messengers of receipt and cannot make any legal declarations for auto-teileshop, does not yet constitute a binding acceptance of the customer's order.

3.2.4. After receipt of the order, auto-teileshop sends the customer an email confirming receipt of the order by auto-teileshop and listing its details (order and contract confirmation). The purchase contract is concluded with this email confirmation.

3.3. Contract language and storage of the contract text

3.3.1. The contract can currently only be concluded in Austria

3.3.2. The contract text (the order) of a customer is saved by us. However, this stored contract text is not accessible to the customer. However, the buyer has the option of archiving the contract text of his order in accordance with the following provisions.

3.3.3. The customer can view the current version of these general terms and conditions in the online shop at any time; outdated versions are not held there. The customer can also print out or save this document, for example by using the usual functions of his program to view Internet pages (= browser: there usually “File” -> “Print” or “Save as”).

3.3.4. The customer can also archive the data of his order by using the functions of his browser to print out or save the data summarized on the last page of the order process in the online shop when placing an order in the online shop, or the buyer waits for the order and contract confirmation, which We will also send the customer an e-mail to the e-mail address provided by the customer after completing his order. This e-mail contains the data of the buyer's order and these general terms and conditions and can be printed out or saved with the buyer's e-mail program.

 

4. Return of goods without comment within the withdrawal period 

If you give us delivered product (s) during the withdrawal period (see the details of the withdrawal ) without further information back to us, we evaluate the return as a revocation. If you do not want a cancellation, but want to assert warranty claims or make use of your right of return (see section 5), we ask you to expressly inform us of this when you return the goods.

 

5. "100 days right of return"

In addition to your statutory right of withdrawal, auto-teileshop grants you a voluntary 30-day right of return under the following conditions, i.e. you can simply return the goods to us if you do not like them and get your money refunded:

5.1. The right of return exists in principle for all goods that you have bought from auto-teileshop, unless otherwise regulated in these terms and conditions.

5.2. From the right of return in section 5.1. The following goods are excluded: rims, tires and complete wheels.

5.3. The right of return only includes goods that we can sell as new goods after they have been returned, ie the goods must be in an unused and undamaged condition. In addition, the goods must be complete, in particular any original packaging, instructions for use, supplied mounting accessories, etc. must be returned undamaged and complete.

5.4. The return of the goods from Germany is free of charge for you and is at our risk if you use our return service. For this purpose, please contact the following number 004368181616786 or the email address ilkayhalefoglu525@gmail.com. You also have the option of sending the goods back to us yourself with a shipping company of your choice, in which case you bear  return costs and the risk that the goods will be damaged during the return. A return from abroad is always at your expense and danger.

5.5. The right of return exists for a period of 30 days ("return period"), starting with the day on which you took possession of the respective goods. The return deadline is met if you agree to return the goods via our return service within this deadline or if you return the goods to us within the deadline (timely dispatch is sufficient) stating the reason "30 days right of return".

5.6. If the goods returned on time meet the requirements of section 5.1. and 5.3. we will reimburse you for the purchase price paid for the goods immediately after we have received the goods; As far as possible, we use the same means of payment that you used for your payment to us. If you have (also) used a voucher for payment, you will not receive a reimbursement for the amount paid with the voucher, but instead a new voucher with the conditions of the used one, provided that the voucher used has not yet expired at the time the right of return was exercised . 

5.7. Your statutory right of withdrawal remains unaffected by the above right of return.

 

6. Prices, shipping costs and terms of payment

6.1. All prices quoted in our online shop include the statutory value added tax. All prices are ex warehouse including packaging and plus all shipping costs and, if applicable, cash on delivery costs. 

6.2. Shipping costs: You can find a list of the individual shipping costs here . When ordering via our online shop or by telephone, there are no preparation costs for those who collect them themselves. 

6.3. When ordering from Switzerland or other countries that charge import duties, please note that auto-teileshop has no influence on the amount of customs duties or the taxes to be paid in your country. In this case, please inform yourself about the costs incurred for an order, which are only charged when the goods are imported into your country. These fees are NOT charged by auto-teileshop and are NOT included in the shipping fees. 

6.4. The customer can choose between the  payment methods: invoice, prepayment, immediate transfer, cash on delivery or credit card.

 

7. Delivery

7.1. The delivery takes place by shipment from the warehouse to the delivery address provided by the customer or, if agreed, by collection by the customer in our shops (self-collection). 

7.1.1. In the case of self-collection, the customer receives a separate notification by email that the goods ordered are ready for collection. If the goods are not picked up within one week of receiving notification that the goods are ready for collection, auto-teileshop is entitled to set the customer a reasonable deadline for picking up the goods by email. If the customer does not pick up the goods within this period, auto-teileshop is entitled to withdraw from the contract. If auto-teileshop makes use of this right of withdrawal, auto-teileshop will notify the customer immediately by email or in writing; Payments already made by the customer will also be reimbursed immediately.

7.1.2. In the case of delivery to the customer, the following section 7.2 applies. until 7.3.

7.2. If auto-teileshop accepts the customer's order, delivery of the goods will be initiated immediately after receipt of the order. 

7.3. Delivery with prepayment: For orders against prepayment, delivery will only take place after auto-teileshop has received full payment. In the case of prepayment orders, auto-teileshop does not reserve the ordered goods until the customer has received payment. Should there be delays in delivery in this context, e.g. because the ordered goods have been sold out in the meantime and have to be reordered, auto-teileshop will inform the customer immediately. 

7.4. If auto-teileshop is unable to deliver the ordered goods through no fault of its own, because the supplier of auto-teileshop does not fulfill its contractual obligations, auto-teileshop is entitled to withdraw from the contract with the customer. However, this right to withdraw only exists if auto-teileshop has concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the supplier in question and auto-teileshop is not responsible for the non-delivery of the goods in any other way. In the event of such a withdrawal, the customer will be informed immediately that the ordered product is not available. Payments already made by the customer will be refunded immediately.

7.5. If auto-teileshop is prevented from fulfilling a delivery obligation due to the occurrence of unforeseen events that affect auto-teileshop or its suppliers and auto-teileshop could not avert this even with the care reasonable under the circumstances, e.g. force majeure, war, natural disasters, strikes, lockouts, fire damage , Epidemics, pandemics or official orders, the delivery period is extended by the duration of the hindrance plus a reasonable start-up time. Auto-teileshop will immediately inform the customer of the occurrence of such events. The legal rights of the customer remain unaffected.

 

8. Transport damage

8.1. If the delivery is made to the delivery address provided by the customer, auto-teileshop will use a freight company (e.g. dpd, DHL or GO, FedEx or Post!) For this. According to the law, auto-teileshop bears the risk of the goods being lost or damaged during transport in relation to the customer, provided that the customer is not in default of acceptance.

8.2. So that auto-teileshop can insure any claims for transport damage against the transport company, externally recognizable transport damage must be reported to the parcel carrier when the order is delivered; Transport damage that is not externally recognizable must be reported to the transport company by us no later than 7 days after delivery by the transport company to the customer, as otherwise it is assumed at the expense of auto-teileshop that the order was delivered without transport damage. Auto-teileshop is therefore dependent on your support in this context.

8.2.1. Externally visible transport damage: In principle, there is no obligation for you to open the package upon delivery and to examine it for transport damage. However, if transport damage is reasonably likely, e.g. because the package is visibly badly damaged, squashed, torn from the outside or because the contents of fragile goods clink during the "shake test", you have to open the package in the presence of the courier and check whether the content is damaged. However, the above is limited to checking the goods for easily recognizable transport damage, e.g. whether the goods are broken or deformed or whether goods with housings clink when shaken. If transport damage is found during this test, this must be indicated to the parcel carrier and confirmed by the parcel carrier. The postman is obliged to do so. Please leave the goods - as far as possible - in the original packaging and do not use them. Please inform us immediately by phone at 068181616786 or by email at ilkayhalefoglu525@gmail.com.de so that we can take care of the settlement.

8.2.2. Transport damage that is not externally recognizable: So that we can protect our rights vis-à-vis the transport company, we ask you to unpack the delivered goods within 4 days of delivery at the latest. If you discover that the delivered goods are damaged while unpacking, please leave the goods - as far as possible - in the original packaging and do not use them. Please inform us immediately by phone at 068181616786 or by email at ilkayhalefoglu525@gmail.com.de so that we can take care of the settlement. 

8.2.3. Your warranty claims due to any transport damage are of course not affected by the above regulations.

 

9. Retention of title

 9.1. The delivered goods remain the property of auto-teileshop until they have been paid for in full.

 9.2. For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

 

10. Warranty

10.1. The customer is entitled to the statutory warranty rights (subject to the provision for entrepreneurs in Section 10.3.).

10.2. No guarantee is given for damage resulting from improper or unsuitable use, incorrect commissioning or assembly, natural wear and tear, negligent or incorrect use, non-observance of the maintenance or operating instructions as well as improper repair work or changes by the customer or third parties.

10.3. Warranty for entrepreneurs: If the customer is an entrepreneur within the meaning of § 14 BGB, the following applies to the customer's warranty claims as agreed (entrepreneur is a natural or legal person or a legal partnership who, when concluding the order, is exercising their commercial or independent professional activity acts):

10.3.1 Insofar as auto-teileshop has to provide a guarantee through supplementary performance due to a defect, the choice of whether the supplementary performance is carried out by rework or a replacement delivery of a defect-free item rests with auto-teileshop.

10.3.2 Obvious defects must be reported to auto-teileshop immediately, at the latest within 14 calendar days after delivery of the goods in text form (e.g. e-mail), hidden defects must also be reported immediately, at the latest within 14 calendar days after they become known in text form (e.g. e-mail). If the notification of defects is not given in due time, the customer's warranty rights with regard to the defect not notified in time are excluded. However, this does not apply if auto-teileshop fraudulently concealed the defect and / or assumed a corresponding guarantee.

10.3.3. The customer's warranty claims expire within one year after delivery of the purchased item to the customer, unless auto-teileshop is responsible for the defect. 

10.4. Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the shop.

 

11. Liability

11.1. The products sold by auto-teileshop must be installed properly, preferably by a specialist workshop. Auto-teileshop expressly points out that the installation and assembly of the purchased items can lead to the expiry of the general operating license (ABE) or the license for the converted vehicle. It is the sole responsibility of the customer to immediately seek an ABE, approval or assessment if necessary. Without ABE or approval according to the StVZO, vehicles may not be driven and used within the scope of the StVZO.

11.2. auto-teileshop is liable in accordance with the statutory provisions for damage to the contractual partner caused by intentional or grossly negligent behavior on the part of auto-teileshop or its vicarious agents, as well as for personal injury and damage under the Product Liability Act.

11.3. Incidentally, the liability of auto-teileshop for claims for damages - regardless of the legal reason - is limited in accordance with the following provisions, unless something else results from a guarantee assumed by auto-teileshop:

11.3.1. For damage caused by slight negligence, auto-teileshop is only liable to a limited extent to the typically foreseeable damage.

11.3.2. For damage caused by delays caused by slight negligence, the liability of auto-teileshop is limited to the typically foreseeable damage, up to a maximum of 5% of the total price agreed in the contract concerned.

11.4. The provisions of the preceding paragraphs also apply accordingly to a limitation of the obligation to pay compensation for wasted expenses.

11.5. The above limitations of liability also apply in favor of vicarious agents of auto-teileshop.

 

12. Customer's obligation to test

Despite all the care that auto-teileshop takes when taking and processing orders and delivering them to the customer, incorrect deliveries can occur in individual cases. Before installing a purchased item or adapting it or redesigning it (e.g. painting), the customer must therefore - as far as possible - visually compare the purchased item with the original, which is to be replaced by the new item. With some parts, for example bumpers, it may be necessary to first dismantle the part to be replaced in order to check whether the existing drill holes fit; Likewise, in the case of body parts, it is necessary to check whether they fit without a frequently required adjustment. If no original is to be replaced, the customer must carry out a visual inspection to determine whether the purchased item fits the intended use. If the delivered item deviates visibly from the original in terms of dimensions, shape or material or does not appear to fit, the customer must contact auto-teileshop for further clarification before installing, adapting or redesigning the item. The warranty claims of the customer are not affected by the above regulations.

 

13. Applicable law and place of jurisdiction

13.1. Austria law applies to the exclusion of the UN sales law, even if the customer has his place of residence or company headquarters abroad. This choice of law applies to consumers only insofar as this does not deprive them of the protection granted to consumers by those mandatory provisions of the country in which the consumer is habitually resident, ie provisions that are not mandatory by agreement. A customer is a consumer if the legal transaction in question (e.g. ordering the goods (s) from the shopping cart) is concluded for a purpose that is predominantly neither commercial nor self-employed.

13.2. For all current and future claims from the business relationship with business people, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is the registered office of auto-teileshop. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Austria, has moved his domicile or usual place of residence outside of Austria after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought.

However, this place of jurisdiction does not apply if the customer is a consumer and has his domicile or habitual residence in a member state of the European Union. In this case, an action must be brought before the competent court in the Member State of residence.

 

14. Information on online dispute resolution and participation in dispute resolution procedures and 

 14.1. The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/ .

 14.2. auto-teileshop is ready to take part in an out-of-court arbitration procedure if the contractual relationship with a consumer results in a difference of opinion with a value of more than EUR 1,000.00.

 

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