Terms of service

GENERAL TERMS AND CONDITIONS OF SALE (AGB)

Online Shop V-Car-Tech GmbH

§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter: "GTC") apply to all contracts concluded through our online shop between us,

V-Car-Tech GmbH

Obere Lichtenplatzer Straße 336

42287 Wuppertal

Germany

represented by the Managing Director: Dipl. Wirt.-Ing. Gert Cöllen

Commercial Register: AG Wuppertal, HRB 28878

and you as our customer. The GTC apply regardless of whether you are a consumer, a business, or a merchant.

(2) All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions, our order confirmation, and/or our declaration of acceptance.

(3) The version of our GTC in force at the time the contract is concluded shall be authoritative.

(4) We do not accept any terms and conditions of the customer that deviate from these GTC. This also applies if we do not expressly object to their inclusion.

§ 2 Conclusion of Contract

(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract. It merely serves as an invitation for the customer to submit a binding offer.

(2) By submitting an order through the online shop by clicking the "order with obligation to pay" button, you are placing a legally binding order. You are bound by the order for a period of two weeks from the date the order is placed. Any right you may have under § 3 to withdraw your order remains unaffected.

(3) We will promptly confirm receipt of your order placed through our online shop by email. Such an email does not constitute a binding acceptance of the order, unless it simultaneously declares acceptance in addition to confirming receipt.

(4) A contract is only formed when we accept your order by means of an express declaration of acceptance or by delivering the ordered items. We reserve the right to decline your order without stating reasons.

(5) Should delivery of the goods you ordered not be possible — for example, because the relevant goods are not in stock — we will refrain from issuing a declaration of acceptance. In this case, no contract is formed. We will inform you of this promptly and immediately refund any payments already received.

(6) When an offer is placed via our online order form, the contract text will be stored by us after the contract is concluded and transmitted to the customer in text form (e.g. by email) after the order is submitted. We will not make the contract text accessible beyond this. If the customer has created a user account in our online shop before submitting their order, the order data will be archived on our website and can be accessed by the customer free of charge via their password-protected user account using the relevant login details.

(7) Before binding submission of the order via our online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process at any time using the standard keyboard and mouse functions, until they click the button that completes the order process.

(8) The German language is available for the conclusion of the contract.

(9) Order processing and communication generally take place 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 us can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

§ 3 Right of Withdrawal (Widerrufsrecht)

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you exercise your right of withdrawal as a consumer, you shall bear the standard costs of return shipping.

(3) The right of withdrawal is otherwise governed by the provisions set out in detail in the following Cancellation Policy (Widerrufsbelehrung), which forms part of these GTC and is reproduced separately in the document "Cancellation Policy" (cancellation_policy_en.txt).

(4) The right of withdrawal does not apply to distance contracts

(a) for the delivery of goods manufactured according to customer specifications or clearly tailored to personal needs, or goods which, by nature, are not suitable for return, or goods that can spoil quickly or whose expiry date would be exceeded;

(b) for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you.

§ 4 Delivery Terms and Reservation of Advance Payment

(1) We are entitled to make partial deliveries, insofar as this is reasonable for you.

(2) The delivery period is approximately five (5) business days, unless otherwise agreed. It commences — subject to the provision in paragraph 3 — upon conclusion of the contract.

(3) For orders from customers with a residential or business address abroad, or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will notify you promptly. In this case, the delivery period commences once the purchase price and shipping costs have been received by us.

(4) Delivery is made within the delivery area specified by us to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address stated in the order processing shall be authoritative.

(5) For goods delivered by freight carrier, delivery takes place "free to the nearest public kerb" (frei Bordsteinkante) — i.e. to the nearest publicly accessible kerbside to the delivery address — unless otherwise stated in the shipping information in the online shop or otherwise agreed.

(6) If delivery of the goods fails for reasons within the customer's control, the customer shall bear the reasonable costs incurred by us as a result. This does not apply to the outbound shipping costs if the customer validly exercises their right of withdrawal. For return shipping costs upon valid exercise of the right of withdrawal by the customer, the provisions in the Cancellation Policy shall apply.

(7) If the customer is acting as a business (Unternehmer), the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as we have handed the goods over to the freight carrier, haulier, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer in principle only upon handover of the goods to the customer or an authorised recipient. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers once we have delivered the goods to the freight carrier, haulier, or other person or institution designated to carry out the shipment, if the customer has commissioned the freight carrier, haulier, or other person or institution with the execution and we had not previously designated that person or institution to the customer.

(8) We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in cases where the non-delivery is not attributable to us and we have concluded a specific cover transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed promptly and any payments already made will be refunded without delay.

(9) If we offer goods for collection, the customer may collect the ordered goods during the business hours indicated by us at the address specified by us. In this case, no shipping costs will be charged.

§ 5 Retention of Title (Eigentumsvorbehalt)

We retain title to the delivered goods until full payment of the purchase price owed has been received.

§ 6 Prices and Shipping Costs

(1) All prices stated in our online shop are gross prices inclusive of the applicable statutory value added tax (VAT) and are subject to any applicable shipping costs.

(2) The shipping costs are indicated in the price information in our online shop. The price inclusive of VAT and any applicable shipping costs is also displayed on the order form before you submit the order.

(3) If we fulfil your order by means of partial deliveries, shipping costs will only be charged for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you validly withdraw from your contractual declaration, you may, subject to the statutory conditions, claim reimbursement of shipping costs already paid for delivery to you (outbound shipping costs).

§ 7 Payment Terms, Set-Off, and Right of Retention

(1) The purchase price and shipping costs are payable no later than two (2) weeks from receipt of our invoice.

(2) We offer the following payment methods: advance payment (Vorkasse), credit card, direct debit (Lastschrift), and/or invoice, as well as payment via external payment service providers (e.g. PayPal, Apple Pay, Google Pay, Klarna, etc.). Depending on the selected payment method and payment service provider, you may be redirected to the website of the relevant payment service provider after placing the order. To use the services of the payment service provider, you may need to be registered there or register for the first time, authenticate yourself with your access details, and confirm the payment instruction to us. Further information is provided during the order process. When using external payment service providers, their terms and conditions also apply; these can be viewed at the respective provider.

We reserve the right, for any order, to not offer certain payment methods or payment service providers and to refer to other payment methods. Any costs of a monetary transaction are to be borne by you.

(3) In the case of purchase by credit card, your credit card account will be charged upon dispatch of the order by us.

(4) In the case of purchase on invoice, you will be informed of the due date of the purchase price on the order summary page before the contract is concluded.

(5) If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued and will be collected without further prior notice upon receipt of the order. If the direct debit is not honoured due to insufficient funds, incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer shall bear the charges incurred by the relevant credit institution through the reversal, provided that this is attributable to the customer. An authorisation to collect payments granted once shall also apply to further orders until revoked.

(6) You are not entitled to set off against our claims, unless your counterclaims have been finally established by a court or are undisputed. You are also entitled to set off against our claims if you are asserting defect notices or counterclaims from the same purchase contract.

(7) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 8 Warranty (Gewährleistung)

(1) Unless otherwise stipulated in the following provisions, the statutory provisions on defect liability (gesetzliche Mängelhaftung) shall apply.

By way of derogation, the following applies to contracts for the delivery of goods:

(a) If the customer is acting as a business (Unternehmer):

- we as the seller have the choice of the type of subsequent performance (Nacherfüllung);

- for new goods, the limitation period for defects is one year from delivery of the goods;

- for used goods, rights and claims for defects are excluded;

- the limitation period does not restart if a replacement delivery is made in the context of defect liability.

(b) The above liability limitations and shortened time limits do not apply:

- to claims for damages and reimbursement of expenses by the customer;

- in cases where we have fraudulently concealed the defect;

- to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness;

- to any obligation on our part to provide updates for digital products under contracts for the supply of goods with digital elements.

(2) In addition, for business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

(3) If the customer is a merchant (Kaufmann) within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

(4) If the customer is a consumer, they are requested to report any obvious transport damage to delivered goods to the delivery person and to notify us accordingly. If the customer does not do so, this has no effect whatsoever on their statutory or contractual warranty claims.

(5) Any seller's guarantees given by us for specific items, or manufacturer's warranties granted by the manufacturers of specific items, are in addition to the claims for material or legal defects. Details of the scope of such guarantees are set out in the guarantee conditions that may accompany the items.

§ 9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) in accordance with the statutory provisions.

(2) In other cases — unless otherwise regulated in paragraph 3 — we are only liable for the breach of a contractual obligation whose fulfilment is what makes the proper performance of the contract possible in the first place and on the observance of which you as a customer may regularly rely (so-called cardinal obligation / Kardinalpflicht), and in that case only for compensation of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages arising from injury to life, body, or health, and under the German Product Liability Act (Produkthaftungsgesetz), is not affected by the above liability limitations and exclusions.

§ 10 Promotional Vouchers (Aktionsgutscheine)

(1) Vouchers that are issued by us free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the stated period.

(2) Individual products may be excluded from the voucher promotion, if a corresponding restriction follows from the content of the promotional voucher.

(3) Promotional vouchers can only be redeemed before the conclusion of the order process. Subsequent offsetting is not possible.

(4) Only one promotional voucher can be redeemed per order.

(5) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by us.

(6) If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by us may be selected to pay the difference.

(7) The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

§ 11 Copyright

We hold copyright in all images, films, and texts published in our online shop. Use of the images, films, and texts without our express consent is not permitted.

§ 12 Data Protection Notice

We collect, process, and use your personal data, in particular your contact details, for the purpose of processing your order, including your email address if you provide it to us. For the purpose of credit assessment, we may obtain information (including, for example, a so-called score value) from external service providers as a decision-making aid and may make the payment method dependent on this. The information includes information about your address. This is done for the purpose of contract processing pursuant to Art. 6(1)(b) GDPR (DSGVO). Please refer to our Privacy Policy for details.

§ 13 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and had your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law in the first sentence.

(2) If you are a merchant (Kaufmann) and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller in Wuppertal. Otherwise, the applicable statutory provisions regarding local and international jurisdiction shall apply.

(3) Dispute Resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

MODEL WITHDRAWAL FORM (Muster-Widerrufsformular)

(If you wish to cancel the contract, please complete and return this form.)

To: V-Car-Tech GmbH, Obere Lichtenplatzer Straße 336, 42287 Wuppertal, Germany

Email: support@v-car-tech.com

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is made on paper)

Date

__________

(*) Delete as appropriate.