Terms & Cond.
General Terms and Conditions of ExpeditionParts GmbH (formerly DiscoveryParts GmbH) - www.expedition-parts.de
1. General
(1) These General Terms and Conditions of Business (GTC) apply to all offers and services relating to the Internet platform www.expedition-parts.de. Insofar as the customer refers to the inclusion of his own terms and conditions of business or purchase, these are contradicted.
(2) Individual contractual agreements take precedence over general terms and conditions.
2. Conclusion of the contract
(1) The presentations and service descriptions on our website www.expedition-parts.de do not constitute an offer to conclude a contract. An offer is only made with the customer's online order via the contact form or on the basis of an order placed by telephone or in text form. The confirmation of receipt of the order subsequently sent by us does not constitute acceptance of this offer. A contract is only concluded upon receipt of the order confirmation. The customer shall no longer be bound by his offer (this shall expire) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from receipt of the order by us).
(2) If a declaration of acceptance received by the customer late has been sent in such a way that it would have been received by him on time if it had been sent regularly, and if the customer had to recognise this, he must notify us of the delay immediately after receipt of the declaration, unless this has already happened before. If the customer delays sending the notification, acceptance shall be deemed not to have been delayed. In all other respects, delayed acceptance by us shall be deemed to be a new offer to conclude a contract which the customer may accept by express declaration of acceptance or by taking delivery of the goods or the service.
3. Reservation of self-delivery and partial deliveries / partial services
(1) If the ordered goods cannot be delivered because we are not supplied with this product by our supplier through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish such a product to be delivered, we will immediately reimburse you for any consideration already paid.
(2) We shall be entitled to make partial deliveries and render partial services insofar as this is reasonable for our customer.
4. Choice of law
The contractual relations between the contracting parties shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the state in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.
5. Prices, payment, delivery, shipping costs
(1) The remuneration includes the value added tax (VAT) valid at the time of the order.
(2) We offer the following payment options when concluding contracts:
I. For deliveries and services within Germany
- Prepayment
- PayPal (till 1.000€)
- PayPal, Pay Later (till 1.000€)
- Pay upon Invoice
II. for deliveries and services abroad
- Prepayment
- PayPal (till 500 €)
- PayPal, Pay Later (till 500€)
III. in addition, the collection of purchased goods, selected rental items as well as repaired parts from our warehouse against cash payment is also possible by arrangement (warehouse location is our company headquarters).
(3) All items presented for purchase will be delivered within Germany and to the countries listed under the menu item "Shipping and payment conditions". This applies accordingly to the delivery of rented or repaired items.
(4) Delivery is made either by DPD or via a freight forwarder.
(5) The shipping costs can be found under the menu item "Shipping and payment conditions" as well as via a linked note with the individual goods presentations.
6. Offsetting and retention
(1) The customer is only entitled to set-off if the counterclaims have been legally established, have been recognised by us or are undisputed. Offsetting is, however, permissible insofar as it concerns claims from the same contractual relationship.
(2) The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
7. information under distance selling law
(1) The description of the goods and services can be found in the respective presentations on the Internet at www.expedition-parts.de.
(2) The instructions on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of withdrawal, e.g. return, return costs and value replacement, can be found under the menu item "Right of withdrawal / withdrawal form".
(3) The delivery of purchased goods shall take place at the latest within 5 working days (Monday to Friday, public holidays excepted) after the payment order has been issued to the remitting credit institution (in the case of advance payment) or after conclusion of the contract (in the case of purchase on account). In the case of services such as rental or repairs, the dates (handover and return of rental items, completion dates for repairs, etc.) result from individual agreements.
(4) We do not provide any customer services, in particular no after-sales service, and do not grant any guarantees ourselves.
(5) There is no out-of-court complaint or redress procedure to which we are subject.
(6) All further information about our company and the processing of contracts can be found in the representations on our website www.expedition-parts.de.
8. consumer dispute resolution procedure
Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters applies to the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online traders and aims to achieve a high level of consumer protection in the European internal market. The possibility of online dispute resolution (ODR) is intended to provide a simple, efficient, fast and inexpensive out-of-court solution to disputes. The ODR platform forwards duly filed complaints to the (under national law) competent ADR (Out-of-Court Dispute Resolution) bodies. The use of the ODR platform itself is free of charge; in proceedings before the ADR entities, the consumer may incur costs (up to 30.00 EUR) if his application is in abuse of rights.
Link to the EU Commission's ODR platform: https://ec.europa.eu/consumers/odr
Our e-mail address is: info@expedition-parts.de.
9. Information on electronic business transactions
(1) Technical steps for concluding a contract
See the explanations in section 2 of our GTC.
(2) Storage of contract text / printout
The customer can save the text of the contract by using the "Save as" function of his browser to save the relevant Internet page on his computer. Using the print function of his browser, he also has the option of printing out the text of the contract. We ourselves save the contract texts and make them available to the customer on request by email or by post.
(3) Possibility of correction
The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the corresponding change. By closing the web browser, the customer can cancel the entire order process at any time. Furthermore, the order overview also offers an additional correction option before submitting the online order, which is pointed out to the customer.
(4) Language
The language available for the conclusion of the contract is exclusively German.
(5) Code of conduct
We have not subjected ourselves to any special code of conduct (set of rules).
10. Warranty for purchase contracts
(1) There is a legal right of liability for defects for the purchased goods. The warranty period (i.e. the period of liability) for defects in the goods is 24 months for new goods and 12 months for used goods.
(2) The warranty period shall commence from the handover of the goods to the buyer.
(3) The warranty claims for new and used goods shall become statute-barred within two years from the handover of the goods to the buyer. However, the regular limitation period of 3 years shall apply, beginning with the end of the year in which
1. the claim arose and
2. the creditor becomes aware of the circumstances giving rise to the claim and of the person of the debtor or should have become aware without gross negligence,
- if it concerns liability for damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty committed by one of my vicarious agents, or
- if the liability for other damages is based on an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty committed by one of my vicarious agents, or
- if it concerns liability for fraudulently concealed defects, claims arising from guarantee promises or liability under mandatory statutory provisions, e.g. under the Product Liability Act, or
- if it is a matter of claims arising from a withdrawal executed by mutual agreement between the parties to the purchase contract, a reduction executed by mutual agreement between the parties to the purchase contract or from any other agreement between the parties to the purchase contract with regard to the settlement of warranty claims.
(4) The two-year limitation period for recourse claims pursuant to § 478 BGB remains unaffected.
(5) The warranty does not cover normal wear and tear.
(6) In deviation from the above paragraphs 1 to 5, the following shall apply only to entrepreneurs as customers: Any warranty shall be excluded for used goods.
11. Duty of examination and notification of defects, in particular notification of transport damage
(1) The following shall apply to customers who are entrepreneurs:
The received goods must be inspected by our customer who is an entrepreneur for completeness, transport damage, obvious defects, condition and their properties. Obvious defects must be reported directly to the deliverer (forwarding agent, postal or parcel service driver) and additionally notified in text form (e.g. letter, fax, e-mail) to ExpeditionParts GmbH, stating the order or invoice number. Damaged or missing packages must be confirmed in text form by the deliverer (forwarding agent, postal or parcel service driver). If an obvious defect is not notified in time and in text form, we are not obliged to provide a warranty. Non-obvious (hidden) defects, if and as soon as they have been discovered, must be reported immediately in text form (e.g. letter, fax, e-mail) to ExpeditionParts GmbH, stating the order or invoice number. If a hidden defect is not notified in time and in text form, we shall not be obliged to provide a warranty. The obligation of merchants to examine the goods and give notice of defects in accordance with the statutory provisions remains unaffected by this.
(2) The following applies to customers who are consumers:
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty claims. However, it will help us to assert our own claims against the carrier or the transport insurer.
12. returns
(1) The following applies to customers who are entrepreneurs:
Return within 2 weeks after receipt of the goods.
We will only accept returns of parts which we have delivered to entrepreneurs as customers after prior agreement with us within 2 weeks after receipt and stating the invoice number and the order number. A prerequisite is always the perfect condition of the goods returned at the risk of the customer. The return delivery costs shall be borne by our customer. Custom-made products that have been specially ordered or manufactured for our customer are excluded from return. We must be notified in good time of the return of bulky or heavy parts.
Return more than 2 weeks after receipt of the goods
In this respect, the conditions in the previous paragraph apply accordingly, but with the modification that we retain 10% of the gross purchase price attributable to the returned part(s) for our expenses (inspection, storage, resale risk).
(2) For customers who are consumers:
The instructions on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of withdrawal, e.g. return, return costs and compensation for lost value, can be found under the menu item "Right of Withdrawal / Withdrawal Form".
13. Damages and limitation of liability
1) Claims for damages by the customer are excluded unless otherwise stipulated below. The above exclusion of liability shall also apply in favour of the legal representatives and vicarious agents working for us, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability stipulated in paragraph (1) are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. in the case of purchase contracts we must hand over the item to the customer free of material defects and defects of title and procure ownership of it, in the case of rental contracts we must ensure the unrestricted use of the rental item during the rental period or in the case of contracts for work and services we must properly repair or maintain parts insofar as this is possible. Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty by us, one of our legal representatives or vicarious agents.
(3) The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
14. General rights and obligations of the contracting parties in the case of rental agreements
(1) We undertake to let the rented item to the lessee for the duration of the rental period.
(2) The lessee undertakes to pay the rent as agreed, to treat the leased property in an orderly manner and in accordance with the contract and, at the end of the rental period, to return it in an operable and cleaned condition with all additional parts or to make it available for collection, depending on the agreement of the parties.
(3) The lessee may neither sublet the rental object to a third party nor may he assign rights from this rental agreement or contractually grant rights of any kind to the rental object. In the event of violations, we shall be entitled to terminate the contract without notice.
(4) Should a third party assert rights to the leased property by seizure or attachment, the lessee shall be obliged to inform us of this immediately and to inform the third party of the existing lease. If the tenant culpably violates the above obligations, he shall be obliged to compensate us for any damage he suffers as a result.
(5) The terms and conditions and details of the rental agreement shall be governed by individual contractual agreements.
(6) The statutory warranty shall apply.
15. General rights and obligations of the contracting parties in the case of contracts for work and services
(1) We undertake to start the repair or maintenance work in good time so that we can complete the work completely and on schedule and hand it over to the customer.
(2) If it is not possible to complete the work on time, we shall inform the customer immediately of the reasons for the delay.
(3) The customer is obliged to accept the work after its completion.
(4) The conditions and details of the contract for work and services shall be governed by individual agreements.
(5) The statutory warranty shall apply.
16. Retention of title
(1) We retain title to the delivered objects of purchase until receipt of all payments arising from the contract of purchase. If the buyer does not fulfil his contractual obligations, in particular in the case of default of payment, we are entitled to demand the return of the delivered object; in this case the buyer is obliged to surrender the object.
(2) The buyer is obliged to inform us immediately in the event of seizure with regard to the object of purchase or other access or attempts at access by third parties in this respect with regard to the object of purchase so that we can exercise our rights from the reservation of title.
17. note on the battery law (BattG)
If the goods presented include rechargeable batteries or batteries, you are legally obliged to dispose of used batteries or rechargeable batteries separately. Please hand them in at a municipal collection point or at your local retailer. Batteries and rechargeable batteries that you have received from us can be returned to us free of charge. Batteries or rechargeable batteries containing harmful substances are marked with the symbol of a crossed-out dustbin and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find these instructions in the documents accompanying the consignment.
18. data protection
The data protection declaration for the implementation of the data protection regulations can be found in the separate data protection declaration.
19. copyright notice
The photos posted on our website and the texts we have created are protected by copyright. Unauthorised copying and publication of these (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG.
20. Jurisdiction
The registered office of ExpeditionParts GmbH is agreed as the exclusive place of jurisdiction for all disputes between the contracting parties arising directly or indirectly from the contractual relationship, insofar as the contracting parties are merchants, legal entities under public law or special funds under public law.
21. Severability clause
Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.
(Status 29.07.2022)