§1 Scope and definitions
(1) These General Terms and Conditions apply to all business relations between us and the customer in the version valid at the time of the order.
(2) “Consumer” in the sense of these General Terms and Conditions of Business is any natural person who concludes a legal transaction with us for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
(3) “Entrepreneur” in the sense of these General Terms and Conditions of Business is any natural or legal person or partnership with legal capacity who enters into business relations with us and who acts in the exercise of his commercial or self-employed activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or independent activity, he shall also benefit from the rights intended for consumers. He is considered a consumer in the sense of these terms and conditions.
(4) “Customers” within the meaning of these General Terms and Conditions of Business are both consumers and entrepreneurs.
(5) General terms and conditions of companies which contradict, deviate from or supplement our General Terms and Conditions of Business shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed in writing.
§2 Conclusion of the contract
(1) The following regulations on the conclusion of contracts apply to orders placed in our Internet shop [www.car-mats-factory.de].
(2) If a contract is concluded, it shall be concluded with
Car Mats Factory
legally represented by the managing director [Jan Schlötzer].
Bad Sodener Straße 17a
D-63628 Bad Soden-Salmünster
(3) The placement of goods in our internet shop does not constitute a legally binding offer of contract on our part, but is merely a non-binding request to the customer to order these goods. If the customer orders the desired goods, they thereby submit a binding offer to conclude a sales contract.
(4) When an order is received in our internet shop, the following regulations apply:
If a customer goes through the ordering process described below, they are thereby making a binding offer to conclude a contract. The ordering process takes place in these steps:
a) Selection of the desired goods
b) Confirm by clicking the “Add to cart” button
c) Check all the information in the shopping cart
d) Press the “Checkout” button
e) Login to the web shop after registration and entering the login data (e-mail address and password) or ordering as a guest with a single address entry.
f) Checking and correcting the entered data.
g) Select shipping methods and payment methods.
h) Binding sending of the order by confirmation by clicking on “Order with costs”.
Before the binding placement of the order, the customer can return to the page on which the information was entered by the customer during the ordering process by clicking the “Back” button of his Internet browser after checking his details. There he can correct any errors or end the ordering process by closing the Internet browser.
After receiving the order, we will confirm it by an automatically generated e-mail. However, this e-mail does not yet represent an acceptance of the offer on our part. An acceptance of the offer by us is made in writing, in text form or by sending the goods.
(5) We save the text of the contract and send you the data of your order as well as our General Terms and Conditions of Business by e-mail. You can also call up the General Terms and Conditions of Business at [https://www.car-mats-factory.de/DE/agb.php].
§3 Regulations on prices, shipping costs, payment and due date
(1) All prices which we quote in our internet shop include the statutory value added tax and other price components. Not included are any shipping costs and, if applicable, the costs of cash on delivery. These are charged separately.
(2) Payment shall be made in advance (bank transfer), by PayPal, IMMEDIATELY bank transfer, by iclear (Mastercard, Visa, American Express). We reserve the right to demand advance payment for the order placed in order to secure the credit risk in accordance with the customer’s creditworthiness.
(3) If a customer chooses PayPal or cash in advance as a payment option, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract. If the customer chooses payment by iclear (direct debit or credit card), his account will be debited 30 days after delivery of the ordered goods.
(4) An entrepreneur must pay interest on money debts at 8 percentage points above the base interest rate during the period of default. However, we reserve the right to claim higher damages from an entrepreneur.
(5) An entrepreneur only has a right to offset if the counterclaims with which they wish to offset are undisputed or have been legally established.
§4 Regulations on delivery and transfer of risk
(1) Unless we expressly state otherwise in the product description, the delivery time for the goods is 3 to 5 days. In the case of payments in advance, the period begins when the transferring bank has issued the payment order, in other cases on the day after the conclusion of the contract and ends with the expiry of the last day of the period.
(2) If the customer chooses to pay by PayPal or prepayment, the goods will only be shipped after receipt of payment.
(3) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass until the goods are handed over to the customer.
(4) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall be transferred when we hand over the goods to the logistics company commissioned by us.
(5) If the customer is an entrepreneur, we reserve the right to set a new reasonable delivery period in the event that a delivery deadline cannot be met for reasons for which we are not responsible. The customer will be informed immediately about the non-compliance with the delivery time. If we are also unable to deliver the ordered article within the newly determined period, we are entitled to withdraw from the contract in the case of entrepreneurs. If the customer has already paid consideration, we will reimburse this immediately.
§5 Retention of title
(1) If the customer is a consumer, we reserve the right of ownership of the goods until full payment of the purchase price.
(2) If the customer is an entrepreneur, we reserve title to the goods until all claims arising from the current business relationship have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, they may resell the goods in the ordinary course of business. In this case, they hereby assign to us all claims in the amount of the invoice amount that accrue to the customer from a resale to third parties. We accept the assignment already now. The entrepreneur is authorised by us to collect the claim after the assignment. We reserve the right, however, in the event If the entrepreneur does not properly fulfil their payment obligations and is in default of payment, we reserve the right to collect the claim ourselves. Any processing and treatment of the delivered goods by an entrepreneur shall take place in our name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This co-ownership is measured in proportion to the value of the goods delivered by us. The same shall apply if an entrepreneur processes or mixes the goods with objects that do not belong to us.
(1) The statutory warranty regulations apply to consumers.
(2) In the case of used goods, warranty claims for consumers shall become time-barred after one year from delivery of the goods.
However, such a shortening of the limitation period does not apply to those warranty claims which result in damages and which are based on intent or gross negligence or a breach of essential contractual obligations. Essential contractual obligations are those obligations which are essential for the proper execution and processing of the contract and which a buyer can normally rely on being fulfilled.
(3) Claims for damages by consumers due to injury to life, body or health or due to regulations of the Product Liability Act (ProdHaftG) shall remain unaffected.
The same regulations apply to breaches of duty by our vicarious agents.
(4) Warranty claims, which are not aimed at compensation for damages, shall become time-barred for entrepreneurs after one year from delivery of the goods. This shall not affect the statutory limitation periods for recourse claims of the entrepreneur in accordance with § 478 BGB.
(5) Entrepreneurs within the meaning of these General Terms and Conditions of Business shall be obliged to inspect the goods received for quantity and quality deviations without delay. We must be notified in writing of recognisable defects within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the obligation to notify. The entrepreneur is obliged to notify us in writing of hidden defects within a period of one week. The period begins with the discovery of the corresponding defect. It is sufficient to send the notification of defects in due time to comply with the period. The full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timeliness of the notice of defects shall be borne by the Company.
§7 Limitation of liability
Liability for damages caused by simple negligence is excluded, unless they result from the violation of essential contractual obligations, concern a guarantee for the condition of the object of purchase, damages from injury to life, body or health or claims under the Product Liability Act (ProdHaftG) are affected. Essential contractual obligations are such obligations, the fulfilment of which is essential for the proper execution and processing of the contract and on the observance of which a buyer may normally rely.
The same regulations apply to breaches of duty by our vicarious agents.
In cases of simple negligence, liability for the violation of essential contractual obligations is limited to such damages that are typically associated with the contract and are foreseeable.
§8 Right of withdrawal for customers as consumers:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us Car-Mats-Factory, owner Jan Schlötzer, Bad Sodener Straße 17a, 63628 Bad Soden-Salmünster, Germany, telephone: 06056-983670, fax: 06056-983784 e-mail: info (at) car-mats-factory dot de by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
End of the cancellation policy
§Article 10 Code of Conduct
We have not subjected ourselves to a code of conduct.
§11 Contractual language, legal choice, place of jurisdiction
(1) Only the German language shall be considered for the execution and handling of the contract.
(2) The contractual relations shall be governed by the law of the Federal Republic of Germany, whereby the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
§ 12 Customer Service
For questions, complaints and objections, our customer service is available to you on weekdays Mon-Thu from 10:00 to 18:00 and Fri. from 10:00 to 16:00 under
telephone: 0049 (0) 6056 – 983670
Fax: 0049 (0) 6056 – 983784
eMail: info at car-mats-factory dot de
at your disposal.
§Section 13 Severability Clause
If one or more provisions of these terms and conditions are invalid or unenforceable, or become invalid or unenforceable retroactively, the remaining provisions shall remain unaffected. This only does not apply if the omission of individual clauses puts one party to the contract at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.
Status of the AGB: 13.06.2014