Conditions of Use
Conditions of use
Company Listiyawati Siswoyo-Müllenbruck
for supplies and services to businesses and consumers
1st General - Scope
(1) Within our terms of use are natural persons, legal transactions for purposes that are neither commercial nor their independent vocational activity may be attributed to (§ 13 BGB).
(2) Entrepreneurs in accordance with our terms and conditions are legal and natural persons acting in concluding a legal transaction in the exercise of their professional or self-employment (§ 14 BGB).
(3) All agreements are required between us and the purchasers as part of an orderly business are in this contract in writing.
(4) Conditions that are opposed to or from our terms and conditions of the buyer, we do not recognize it unless we have expressly agreed in writing. Our terms and conditions will apply even if we accept without reservation or conditions deviating from our terms and conditions of the customer delivery to the customer.
2nd Offer - Offer Documents
(1) If the order to qualify as an offer according to § 145 BGB, we can accept it within two weeks.
(2) Our offers are binding. Small deviations and technical changes to our illustrations or descriptions are possible. Changes in the interest of technological progress and changes in laws (especially in opinion), we notice.
(3) All available from our online shop components are for use provided the original vehicle. The assembly of these parts has to be done by qualified personnel and must be removed from officially recognized experts.
3rd Price, payment condition
(1) Unless the order confirmation states otherwise, our prices are based solely on "camp", plus packing and shipping, we provide separately.
(2) The sales tax is not included in our prices but the statutory rate on the date of the invoice shown separately in the order confirmation / invoice.
(3) The customer receives his order after an order confirmation via letter, e-mail or fax. In the order confirmation invoice, the sales tax and shipping costs are identified. Upon receipt of the Proforma invoice or order confirmation of total amount, without deduction to be paid in advance. The legal rules are valid regarding the consequences of late payment.
(4) All payments always become the payment of the oldest due invoice plus the related interest on debts. The agreement for alternative payment terms, in particular a later maturity, deferral of the purchase price requires written agreement.
(5) Off rights to the buyer only if his counterclaims are legally established, undisputed or acknowledged by us. He is also a right of retention insofar as his counterclaim is based on the same contract.
(6) Deduction of discount requires separate written agreement.
(7) Electrical & electronic components and special orders are non-returnable! It is not possible withdrawal of parts, which were the names of the original - part number ordered by the customer and we purchased extra. Vendor numbers are indicated for comparison purposes only. We have basically always in quotations and invoices from, whether it is genuine or OEM parts.
(8) We generally guarantee no return, because the product in general, is ordered especially for commercial customers extra. Exceptions are made for wrong delivery or damaged goods. In these two cases, the complaint within 10 days addressed to:
Listiyawati Siswoyo-Müllenbruck
Dahmengraben 24-26
52062 Aachen
Germany
T: +49 (0) 241 9291081
F: +49 (=) 241 9291082
E: shop@ecspareparts.com
Where a product of goodwill but we returned, we charge a storage or return fees to third parties, 25% of product value. Returns will only be accepted if they have been approved by us in writing and sufficient postage.
4th Delivery
(1) Delivery dates are only approximate agreed upon, unless a written commitment as binding commitment was explicitly described. The agents of orally taken delivery dates are not effective always confirmed in writing.
(2) By fault of our omitted or delayed deliveries (impossibility), we are in any case. We commit ourselves however to delegate claims against the supplier to the customer.
(3) We are liable according to legal regulations, if the contract is a firm deal in the sense of § 286 paragraph 2 No. 4 BGB or § 376 HGB. We are also liable under the law if as a result of us is entitled to delay in delivery of the Purchaser to assert that his interest in the further contract has ceased.
(4) We are also liable under the statutory provisions if the delivery delay for one of us to deliberate or grossly negligent breach of contract is based, one of our representatives or agents is attributed to us. If the delivery delay is not one of us the result of deliberate breach of contract, our liability to foreseeable, typically occurring damage.
(5) We are also liable under the law, if our part is due to delay in delivery of culpable violation of a material contractual obligation, but in this case is the liability to the foreseeable, typically occurring damage.
(6) Part deliveries and partial deliveries are allowed in reasonable quantities. We can demand advance payments to a reasonable extent.
(7) Further legal claims and rights of the purchaser.
5th Risk - Packaging
(1) Unless otherwise specified in the order confirmation, delivery is "off the shelf" is agreed.
(2) Transport packaging and other packaging in accordance with the packaging regulations are not withdrawn, excluding pallets. The buyer is obliged to arrange for disposal of the packaging at his own cost.
(3) If the customer wants it, we will cover delivery by transport insurance. The costs are borne by the purchaser.
(4) The risk is with the dispatch of the goods by the company on Listiyawati Siswoyo-Muellenbruck to the buyer on to the buyer. Transport damages are to be regulated independently by the buyer only.
6th Warranty
(1) claims of the customer assume that this is his according to § 377 HGB inspection and complaint duly.
(2) If a defect in the goods, we may at the option of the buyer to performance in the form of deficiency removal or supply of a new defect. In the case of repair, we are obliged to all for the purpose of remedy expenses to bear in particular transport, travel, labour and material costs, provided these do not increase because the goods were shipped to a location other than the place.
(3) If the rectification fails, the buyer is entitled either to require cancellation or reduction.
(4) We are liable under the law if the purchaser makes a claim for damages based on intent or gross negligence, including intent or gross negligence of our representatives or agents. As far as we are not accused of intentional breach of contract, the liability to the foreseeable, typically occurring damage is limited.
(5) We are liable under the law if we violate an essential contractual obligation, but in this case is the liability to the foreseeable, typically occurring damage.
(6) The liability for culpable injury to life, limb or health is not affected, and this also applies to the mandatory liability under the Product Liability Act.
(7) Unless otherwise above was settled, the liability is excluded.
(8) The material defect of goods newly manufactured entrepreneurs with the purchase expire after 12 months. The limitation period for defect claims is 24 months from the transfer of risk.
(9) The limitation period in case of delivery default pursuant to §§ 478, 479 BGB remains unaffected; it is five years from delivery of defective goods.
(10) In case of default or credit deterioration, we can deny the warranty.
(11) In a sale of used goods by an entrepreneur are excluded Defects
7th General Liability
(1) Any liability for damages as provided in § 6, is - regardless of the legal nature of the asserted claim - excluded. This applies in particular to damage claims for negligence in contracting, due to other obligations or claims for compensation for damage to property under § 823 BGB.
(2) Where the liability towards us is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents.
8th Retention of title
(1) We reserve title to the merchandise until all payments under the contract. In breach of contract, particularly in payment, we are entitled to repossess the goods. In the back of the purchased goods shall not withdraw from the contract, unless we have expressly declared in writing. The seizure of the goods by us shall always constitute cancellation of the contract.
(2) The customer is obliged to handle the goods with care and he is obliged to at his own expense against fire, water damage and theft to insure the replacement value. If maintenance and inspection work is required, the purchaser in due time at his own expense.
(3) In case of seizure or other interference by third parties, the customer must be notified immediately in writing so that we can bring an action under § 771 ZPO. If the third party not in a position to reimburse us for the legal and court costs of an action under § 771 ZPO, the customer is liable for the incurred loss.
(4) The customer is entitled to sell the goods in the ordinary course of business, he assigns to us already now all claims in the amount of the invoice - total (including VAT) of our claim to him from the resale to its customers or third , regardless of whether the merchandise has been sold without or after processing. To collect this debt remains empowered even after the transfer. Our authority to collect the claim ourselves remains unaffected. We commit ourselves not to collect the debt as long as the customer meets his payment obligations from the proceeds, not in payment and in particular, has not filed for bankruptcy or insolvency or bankruptcy or suspended payments. If this is the case, we may require that the customer gives us the assigned claims and their debtors, provide all information necessary for collection, hand over related documents and notifies the debtors (third parties) of the assignment.
(5) The processing or transformation of the goods by the customer is always done for us. If the goods with other goods not belonging to us are processed, we acquire joint ownership of the new object in proportion to the value of the goods (final invoice amount including VAT) to the other processed goods at the time of processing. For the object created by processing in fact the same as for the goods delivered under reservation.
(6) If the goods with others, not belonging to us are inseparably mixed, we acquire joint ownership of the new object in proportion to the value of the goods (final invoice amount including VAT) to the other mixed objects at the time of mixing. If the mixing in such a way that the cause of the customer is regarded as the main product, it is agreed that the customer proportional joint ownership. The Purchaser shall keep the sole or joint ownership for us.
(7) The customer also assigns to us the claims for securing our claims against him which arise by combining the sale with a real estate against a third party.
(Commitment 8) We, the securities we are entitled to the purchaser's request to release, the realizable value of our securities exceeds the secured claims by more than 20%, the selection of securities to be released.
9th Jurisdiction - Place of Performance
(1) If the customer is a merchant, our place of business and jurisdiction, and we are entitled to sue the buyer at his domicile.
(2) The law of the Federal Republic of Germany, the validity of the UN purchasing law is excluded.
3) Unless the order confirmation states otherwise, is our place of business performance.
10th Severability
If any provision of these Terms is invalid, the remaining provisions shall remain unaffected. The Parties undertake, in this case, the invalid provision by such a scheme to replace the sense and purpose of the invalid provision comes closest to juristically. The same applies to possible regulation gaps.
11th Revocation
Withdrawal
You can cancel your contract within 14 days without giving reasons in writing (maybe by letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfil our obligations under Article 246 § 2 in connection with § 1 Paragraphs 1 and 2 EGBGB and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
Listiyawati Siswoyo-Müllenbruck
Dahmengraben 24-26
52062 Aachen
Germany
T: +49 (0) 241 9291081
F: +49 (0) 241 9291082
E: shop@ecspareparts.com
Consequences
In the case of an effective cancellation the mutually received benefits and any benefits (interest). Can you give us the performance received whole or in part, or only in deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration of the case solely on the test - as it would have been possible in a store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the article as provided by the goods as your property and everything that could reduce its value. Package is to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount of not exceeding 40 Euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have agreed partial payment provided. Otherwise, the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be made within 30 days. The period begins with the sending of your cancellation or the goods, for us, with their reception.
End of the cancellation
Status of these Conditions: 11/06/2010
