(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (SMC Autoteile GmbH). Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.

(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their independent professional or commercial activity.

(1) The subject of the contract is the sale of goods. Our offers on the phone are non-binding and not a binding offer to conclude a contract.

(2) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email or WhatsApp), which you can accept within 5 days.

(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that arise from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim yourself.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the collateral to be released.

(2) As far as you are an entrepreneur, deviating from Paragraph 1 applies:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to examine the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.

c) In the event of defects, we provide a warranty of our choice through rectification or replacement. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The remedial measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, results in particular. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health, and grossly negligent or willful damage or malice, as well as recourse claims in accordance with §§ 478, 479 BGB.

(3) In order to make use of the warranty if a component is defective, the following applies: - Submission of the invoice. - Submission of the installation invoice. - Presentation of the vehicle registration. If these claims are not completely and conscientiously handed over to the employee, this can result in the manufacturer declining the warranty, since there is an obligation to provide evidence.

(1) We are fully liable for damage from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee for the quality of the object of purchase and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).

(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly trust that they will be observed.

(4) Liability for slightly negligent breaches of duty is excluded in the event of violation of insignificant contractual obligations.

(5) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. We are not liable for the constant or uninterrupted availability of the website and the services offered there.

(1) German law applies. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favorability).

(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.

SMC Autoteile GmbH

represented by the managing directors Süleyman Köknar and Muhammed Atas

Hohnerstrasse 13

70469 Stuttgart

Germany

Telephone: 49 (0) 711 55085007

Email: info@smc-autoteile.de

VAT ID: DE815812874

Sales tax identification number according to §27 a sales tax law:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with § 2 of our general terms and conditions (part I.).

3.1. The contract language is German.

3.2. We do not save the complete text of the contract. Before ordering, the contract data can be printed out on the homepage using the print function of the browser or saved electronically. After receipt of the order by us, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

The essential characteristics of the goods can be found in the article description and the additional information in our request by email or WhatsApp.

5.1. The prices listed in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. The payment methods available to you are: BAR or EC-CASH.

5.3. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6.1. Liability for defects for our goods and repair services is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

6.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.

As far as we voluntarily take back goods from the customer, the following applies:

7.1. The exchange or return of goods can only take place upon presentation of the invoice.

7.2. The return of goods is only possible if they were recorded before the purchase.

7.3. Electronic components are excluded from the return.

7.4. Goods in stock can be returned / exchanged within two weeks, provided that the item (s) are unused and in their original packaging.

7.5. Goods showing the installation traces are excluded from exchange / return.

7.6. Special orders are excluded from exchange / return.

7.7. Ordered goods can only be returned within two weeks for a storage fee of at least 30% (depending on the manufacturer).

last update: 01.03.2019