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General Terms and conditions


1. Scope

The following Terms and Conditions (Terms) apply to all orders placed via our online shop.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected. They shall only become part of the contract if we have expressly agreed to them.


2. Contractual partner, formation of contract, options for corrections

The contract is concluded with:
International Parts Trading "IPT" GmbH - MyParto

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.


3. Contract language, saving of the contract text

The language(s) available for concluding the contract:

  • German
  • English

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.


4. Delivery conditions

Shipping costs may apply in addition to the stated product prices. More detailed information on any shipping costs incurred can be found in the offers.

4.1 Delivery options
We ship the products to the delivery address specified in the order process. We only dispatch goods en route; pick up by the customer is not possible.

4.2 Delivery by forwarding agency

Making an appointment
In the case of forwarding deliveries, the forwarding company commissioned by us shall contact the customer for the purpose of agreeing a delivery date.

Place of delivery
Delivery of the goods shall be limited to the transportation and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.


5. Payment

The following payment methods are basically available in our online shop:

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 Avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, legitimize yourself with the access data and confirm the payment order. The payment transaction is carried out by Amazon Pay within one banking day of the order being placed.

Amazon Pay can offer registered Amazon Pay customers, selected according to their own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these payment methods. Other individually offered payment methods relate to the legal relationship with Amazon Pay. Further information on this can be found in the respective Amazon Pay account.

Giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay") we offer the payment methods giropay. In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.

Giropay may offer registered giropay customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with giropay. You can find more information on this in your giropay account.

Klarna
In Zusammenarbeit mit dem Zahlungsdienstleister Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Schweden („Klarna“) bieten wir die nachfolgenden Zahlungsoptionen an. Die Zahlung über Klarna ist nur für Verbraucher verfügbar. Sofern nachfolgend nichts anderes geregelt ist, setzt die Zahlung über Klarna eine erfolgreiche Adress- und Bonitätsprüfung voraus und sie erfolgt direkt an Klarna. Weitere Hinweise werden bei der jeweiligen Zahlungsoption und im Bestellprozess mitgeteilt.

Klarna can offer registered Klarna customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities. Other individually offered payment methods relate to the legal relationship with Klarna. Further information on this can be found in the respective Klarna account.

  • Purchase on account via Klarna
    The invoice amount is due 30 days after shipping the goods and receipt of the invoice.
  • Direct debiting via Klarna PayNow
    You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of charging your account (so-called prenotification). The account will be charged after the goods have been sent out.
  • Financing via Klarna
    You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The amount of the minimum installment is 6.95 euros.
  • Sofort by Klarna
    In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities. Further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal Plus does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.

  • Credit card via PayPal
    Your card will be charged by PayPal after the goods have been sent out.
  • Direct debit via PayPal
    Precondition for payment by direct debit via PayPal is an address and credit check, the payment is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date your account is charged (so-called prenotification). The account will be charged before the goods are sent out.
  • Invoice payment via PayPal
    Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to PayPal.


6. Right to cancel

You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.


7. Retention of title

The products shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved products in ordinary business operations. You shall assign any claims arising from this resale – irrespective of connecting 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. However, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the open claims by more than 10%.


8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.


9. Warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a voluntary guarantee, if agreed, or
  • within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods. We shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective.

The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)
Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.


10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty
  • for guarantee commitments, where agreed
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.


11. Code of Conduct

We have submitted to the following codes of conduct:

  • Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)


12. Agreement on the use of Trusted Shops Buyer Protection

You can insure orders placed with us up to an order value of 2500 EUR free of charge via the buyer protection of Trusted Shops AG. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order thank-you page after an order has been placed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button.

In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.


13. Online Dispute Resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at here
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.


14. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.


International Parts Trading "IPT" GmbH | MyParto | Breslauer Str. 8 | 31655 Stadthagen | V.4.0.en

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