Terms and conditions
Providers and contractual partners:
CarPoint Ltd.
Hohleichweg 16
76189 Karlsruhe
Phone: + 49/ (0)721/ 982120
Fax: + 49/ (0)721/ 9821226
e-mail: info@carpoint.de
Commercial register: Local court Mannheim
Registration number: HRB 106067
Managing Director: Andreas Freund
Sales tax ID: DE143596890
Status:07/2015
§ 1 - Scope of application
(1) These conditions of CarPoint GmbH (in the following: "seller"), are valid for all sales, deliveries and services of the seller, which the client buys from the seller via the online shop under the URL www.carpoint.de. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
(2) "Customers" are both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 - Conclusion of contract
(1) The product offers of the seller are binding purchase offers to the customer. The customer accepts this offer of the seller by completing the order process.
(2) The ordering process by the customer begins by placing a product in the shopping cart via the "Add to cart" button on the product detail page. The customer can access the shopping cart at any time by clicking on the "My shopping cart" button in the upper right-hand menu bar.
If the Customer has filled his personal shopping cart with the products he wishes to purchase, the Customer first has the option of changing the order quantity in the shopping cart by entering the desired quantity and confirming this by clicking on the "Update shopping cart" button or deleting a product from the shopping cart by clicking on the "Trash" button behind the respective product.
The customer can continue the ordering process by clicking the button "proceed to checkout". If the Customer has already set up a customer account with the Seller, he can continue the order after entering the access data (e-mail and password). If the Customer does not have a customer account, he/she can either open a customer account with the Seller by activating the "Register" field or carry out the order without opening a customer account by activating the "Go to checkout as a guest" field. In both cases, the customer must then enter his personal data and confirm this by clicking on the "Continue" button.
Afterwards the customer can first select a shipping method offered by the seller. The selection is made by activating the respective field in front of the desired shipping method and is confirmed with the "Continue" button. The selection of the payment method offered afterwards is also made by activating the respective field in front of the desired payment method. The customer must also confirm the selection by clicking the "Continue" button.
The customer is now in his order overview. The customer can make any corrections to the entered data that he wishes to make in the respective input mask, which he can access via the respective "Change" link or by directly selecting the input mask by "mouse click".
Before the customer can place his binding order for the products placed in the shopping cart by clicking on the "Buy Now" button, he must accept the seller's terms and conditions and confirm that he has read and understood the cancellation policy. For this purpose, the customer must activate the field "I agree with the general terms and conditions and confirm that I have taken note of the revocation instruction".
(3) The purchase transaction and contact are carried out by e-mail with the aid of the automated purchase transaction software. The customer must therefore ensure that the e-mail address provided by him for the purchase transaction is correct, so that correspondence can take place. If spam filters are used, the customer must ensure that all e-mails sent by the seller or his purchase processing service provider for purchase processing are received.
§ 3 - Storage of the contract
In the order confirmation the customer receives his order data, as well as the AGB customer information and the revocation instruction together with a sample revocation form by e-mail. The contract text is not stored by the seller after the conclusion of the contract. Correspondingly further permanent backups of the offer must therefore be arranged by the customer himself (e.g. by screenshot).
§ 4 - Prices
The prices quoted by the seller include all price components including the respective statutory German value added tax. The value-added tax is shown separately for new goods, for used goods there is a differential taxation according to § 25a UStG, in this case the value-added tax is not shown separately. The packaging and shipping costs are shown separately with the respective product offer and can be viewed via the "Shipping" link. Other price components, such as additional taxes, customs duties or other charges, may apply to cross-border deliveries.
§ 5 - Terms of payment
Payments can be made as follows:
- by bank transfer:
After placing the order, the customer will be informed of the seller's bank account details for payment. After the payment amount has been credited to the indicated account of the seller, the goods will be shipped;
- by PayPal:
During the ordering process, the customer is redirected to the PayPal site where the payment to the seller is initiated by the customer. After the confirmation of the payment by PayPal the goods will be shipped. The customer's PayPal account will be debited upon completion of the payment instruction.
§ 6 - Delivery
1. The delivery periods specified for the products shall start on the day following the day on which the customer sends the payment order to his payment service provider. Delivery shall take place within the delivery time indicated at the latest. If the last day of the delivery period falls on a Saturday, Sunday or a general holiday recognised by the state at the place of receipt, the next working day shall take its place.
(2) In the case of delivery outside of Germany, the latest delivery time stated for the products is extended by 5 working days for deliveries within the EU member states, otherwise by 10 working days.
§ 7 - Retention of title
(1) The delivered goods remain the property of the seller until all claims arising from the contract have been settled.
(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the retention of title shall also apply beyond that from the current business relationship until all claims to which the seller is entitled in connection with the contract have been settled.
§ 8 - Liability for defects
(1) For sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. For used goods, rights and claims due to defects are generally excluded. The limitation period does not start again if a replacement is delivered within the scope of liability for defects.
(2) In the case of sales of used goods to consumers, the limitation period for claims for defects is one year from delivery of the goods to the purchaser.
(3) For entrepreneurs, the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected; the same applies to entrepreneurs and consumers in the case of an intentional breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, it also applies in accordance with the following paragraph 5) that these limitations of liability do not extend to claims for damages and reimbursement of expenses which the buyer can assert due to a defect.
(4) In the case of sales to a businessman in the sense of commercial law (§ 1 HGB), the commercial duties of examination and notification of defects in the sense of § 377 HGB shall apply. In the event of failure to comply with the statutory notification obligations, the goods shall be deemed to have been approved.
(5) In the event of injury to life, body or health, the Seller shall be liable without limitation for any legal reason. This shall also apply in the case of fraudulent intent and guarantee promises or if liability is based on mandatory statutory provisions, such as the Product Liability Act.
(6) In all other respects the statutory provisions shall apply.
§ 9 - Contract language
The contract language is German.
§ 10 - Final provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) The choice of law pursuant to paragraph 1 shall apply to consumers within the meaning of § 1 paragraph 2 sentence 1 only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(3) The regulations concerning the UN sales law do not apply.
(4) 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 is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his place of residence or usual abode is not known at the time the action is filed.