General Terms and Conditions
for deliveries and services to businesses and consumers
§ 1 General - Scope
(1) Consumers in the context of our General Terms and Conditions are natural persons who complete transactions for purposes which can be attributed neither to their commercial nor their self-employed activity. (§ 13 German Civil Code - BGB).
(2) Businesses in the context of our General Terms and Conditions are legal and natural persons who by completing a transaction are carrying out their commercial or self-employed activity (§ 14 BGB).
(3) All agreements made between us and the customer for the purpose of the execution of this contract are stipulated in writing in this contract.
(4) Our Terms and Conditions shall apply exclusively; We do not recognise Terms and Conditions of the customer that are contrary to or different from our Terms and Conditions, unless we have expressly agreed in writing to their validity. Our Terms and Conditions shall also apply if we carry out the delivery to the purchaser without reservation in knowledge of Terms and Conditions of the customer contrary to or deviating from our Terms and Conditions.
§ 2 Conclusion of the contract / Order process description
(1) The customer orders goods from genuine parts GmbH in our online shop or by email. If the order is to qualify as an offer pursuant to § 145 BGB, the contract between the customer and us comes about through an acceptance on our part. The acceptance occurs with the sending of an order confirmation.
(2) When ordering via our online shop the order process involves six steps. In the first step, enter the original part number of the desired product in the input box provided and click on the magnifying glass next to the field. In the second step, specify the number of required parts in the appropriate input field and add them to your shopping cart non-bindingly by clicking on "Add to cart". You can add several articles to the shopping cart and review these in the shopping cart overview. For this, click on the shopping cart symbol and then on the field "SHOW SHOPPING CART" that then appears. On the shopping cart page that follows you can remove articles from the shopping cart and change their quantity. If you would like to order the items in the shopping cart, click the box "proceed to checkout" or "continue to next step" in the third step. In the fourth step, enter your customer information including billing address and possibly deviating delivery address. In the fifth step, select the type of delivery and the payment method. In the last step you have the possibility to check all the data again (e.g. name, address, method of payment, ordered articles, type of delivery) and if necessary to correct them, before you send off your order to us by clicking on "PLACE ORDER".
§ 3 Prices / Payment terms
(1) Unles the order confirmation states otherwise, our prices are "ex works". If a delivery is made on pallets, additional packing costs will be due, which are to be paid by the customer. The costs amount to 2% of the net value of the goods. We reserve the right to make price adjustments in case of unforeseeable, exceptional price increases on the part of the manufacturing firms.
(2) All prices contain the statutory value added tax (currently 19%).
(3) The delivery costs are to be borne by the customer. An overview of the amount can be found at https://www.originparts.de/Lieferung-und-Zahlung/ .
(4) The customer receives an order confirmation by letter or email after placing his order and acceptance of the order with us. The invoice amount, the value added tax and shipping expenses are shown in the order confirmation. Statutory regulations concerning the consequences of default of payment apply.
(5) The customer can pay by credit card (MasterCard and VISA), via the on-line payment system "sofortüberweisung.de", by paypal (plus 6% on costs and fees) or by bank wire transfer in advance.
(6) All payments will always be apportioned to settlement of the oldest due accounts payable plus any resulting interest on debts. The agreement of other terms of payment, esp. a later due date and/or a deferment of payment of the purchase price requires written agreement.
(7) The customer is only entitled to off-setting rights if his counterclaims are legally established, undisputed or acknowledged by us. He is also only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(8) The deduction of cash discount requires special written agreement.
§ 4 Delivery time
(1) Terms of delivery are considered only approximately agreed, unless there is a written commitment on our part, explicitly designated as binding. Delivery commitments made verbally by vicarious agents require written confirmation for their efficacy. An overview of the estimated delivery times can be found under https://www.originparts.de/Lieferzeiten-pro-Land/ . The specified delivery times apply to the dispatch route from us to the customer. The delivery time is additionally extended by the shipping of the ordered goods from the manufacturer to us. These shipping times are listed when searching for products and only apply to available/deliverable parts from the manufacturers.
(2) We are in no way responsible for delayed or failed (impossibility) deliveries resulting from the fault of our pre-suppliers. We are however committed to assigning any claims against the pre-supplier to the customer.
(3) We shall be liable according to the statutory provisions, as far as the underlying purchase contract is a firm deal within the context of § 286 para. 2 no. 4 BGB or of § 376 of the Commercial Code (HGB). We shall also be liable according to statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has expired.
(4) We shall also be liable according to statutory provisions, if the delivery delay is a result of an intentional or grossly negligent breach of contract, for which we are responsible; a negligence of our representatives or vicarious agents is attributable to us. If the delay in delivery is not attributable to a grossly negligent breach of contract, for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
(5) We shall also then be liable according to statutory provisions, insofar as the delivery delay for which we are responsible is due to a culpable breach of an essential contractual obligation; in this case, however, the liability for damages is limited to foreseeable, typically occurring damage.
(6) Partial performances and partial deliveries are allowed to a reasonable extent. We may request down payments to a reasonable extent.
(7) Further legal claims and rights of the customer remain reserved.
§ 5 Transfer of risk – Packaging costs
(1) Unless otherwise stated in the order confirmation, delivery is agreed ex works.
(2) We do not take back transport and all other packaging in accordance with the provisions of the packaging ordinance, with the exception of pallets. The customer is obliged to organise the disposal of the packaging at his own expense.
(3) If the customer so wishes, we will cover the delivery with transport insurance; the customer shall bear the costs incurred in this respect.
§ 6 Liability for defects
Rights of the customer with regard to defects
Statutory liability for defects applies.
§ 7 Reservation of Property Rights
(1) We reserve the right of ownership of the purchased goods until receipt of all payments from the delivery contract. In case of breach of contract by the customer, in particular for default of payment, we are entitled to take back the purchased goods. In taking back the purchased goods there is no cancellation of the contract by us, unless we should expressly declare this in writing. The seizure of the purchased goods by us is always a withdrawal from the contract.
(2) The customer is obliged to handle the goods carefully, in particular he is obliged to insure them at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must perform this in good time at his own expense.
(3) In case of seizures or other interventions of third parties, the customer must immediately notify us in writing, so that we can take action according to § 771 Code of Civil Procedure (ZPO). If the third party is not able to reimburse us the judicial and extrajudicial costs of legal action pursuant to § 771 ZPO, then the customer shall be liable for the loss incurred to us.
(4) The customer is entitled to resell the purchased goods in the ordinary course of business; He however already now assigns to us all claims to the amount of our final invoice (including VAT), which accrue to him from the resale to his buyers or third parties, regardless of whether the goods have been sold with or without processing. The customer remains entitled to collect this claim even after the assignment. Our authority to collect the claims ourselves remains unaffected thereby. We are however obliged, not to collect the claim, as long as the customer meets his payment obligations from the proceeds, is not in default of payment and in particular there is no application to open bankruptcy or settlement or insolvency proceedings and there is no suspension of payment. If this however is the case, then we can require that the customer discloses to us the assigned claims and their debtors, gives us all information necessary for the collection, hands over the corresponding documents and notifies the debtors (third parties) of the assignment.
(5) The processing or transformation of the purchased goods by the customer is always carried out for us. If the purchased goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the proportion of the value of the purchased goods (final invoice amount, including VAT) to the other processed item at the time of processing. For the new object that has arisen from the processing, the same also applies as for the purchased goods delivered under retention of title.
(6) If the purchased goods are inseparably combined with other items not belonging to us, we shall acquire co-ownership of the new item in the proportion of the value of the purchased goods (final invoice amount, including VAT) to the other combined items at the time of combining. If the combining takes place in such a way that the customer’s item is recognised as the main item, then it shall be deemed agreed that the customer transfers co-ownership proportionately to us. The customer shall keep the thus created sole property or joint property for us.
(7) The customer also assigns to us the claims to securing our claims against him, which arise through the connection of the purchased goods with premises of a third party.
(8) We undertake to release the securities due to us at the customer's request insofar as the realisable value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is incumbent on us.
§ 8 Place of jurisdiction – Place of fulfilment
(1) If the customer is a business person, our registered office is place of jurisdiction; we are however entitled to sue the customer at the court of his domicile.
(2) The Law of the Federal Republic of Germany apples; The applicability of the CISG is excluded.
(3) Unless otherwise stated in the order confirmation, our registered office is the place of performance.
§ 9 Severability clause
If any provision of these General Terms and Conditions is ineffective, the remaining provisions remain unaffected. The Contracting Parties undertake in this case to replace the invalid provision with the provision that comes closest to the meaning and purpose of the invalid provision in a legally enforceable way. The same applies to any loopholes.
§ 10 Power of revocation
Right of revocation
As a consumer (any natural person who concludes a legal transaction for purposes which can primarily be attributed neither to their commercial nor their self-employed activity) you have the right to revoke this contract within 14 days without giving reasons. The revocation period is fourteen days. If all ordered goods are delivered in one delivery, the deadline runs from the date on which you or a third party nominated by you, who is not the carrier, took possession of the goods. If several ordered goods are delivered with several deliveries, the deadline runs from the date on which you or a third party nominated by you, who is not the carrier, took possession of the last goods. If an ordered product is delivered in several partial deliveries, the deadline runs from the date on which you or a third party nominated by you, who is not the carrier, took possession of the last partial delivery or the last piece.
In order to exercise your right of revocation, you must inform us (genuine parts GmbH, Rosenkranzer Str. 34, DE-25927 Aventoft by means of a clear declaration (e.g. a letter sent by post or email) of your decision to revoke the contract. You may use the attached specimen revocation form for this, but you are not obliged to.
In order to comply with the revocation period, it is sufficient that you send the notification that you are exercising your right of revocation before the revocation deadline.
Consequences of revocation
If you revoke this contract, we must reimburse you all payments that we have received from you including delivery charges (except for any additional costs arising from the fact that you have chosen a type of delivery other than the best standard delivery offered by us), without delay and at the latest within fourteen days of the day on which the notification of your revocation of this contract was received by us. We will use the same means of payment for this repayment that you used for the original transaction, unless something else has been expressly agreed with you; In no case will fees be charged to you because of this repayment. We may decline the refund until we have received the returned goods or until you have demonstrated that you have returned the goods, depending on which is the earlier date. You must return or surrender the goods to us promptly and in every case no later than fourteen days from the date on which you informed us of the revocation of this contract. The deadline is deemed respected, if you send the goods before expiration of the period of fourteen days. You shall bear the immediate costs of returning the goods. You must only pay for a possible loss in value of the goods if an examination of the condition, quality and functioning of the goods shows that this loss in value is due to unnecessary handling by you.
Specimen revocation form
(If you want to revoke the contract, then please fill out this form and send it back.)
- To genuine parts GmbH, Rosenkranzer Str. 34, DE-25927 Aventoft. Email firstname.lastname@example.org:
- I/we(*) hereby revoke the agreement concluded by me/us(*) on the purchase of the
following goods (*) / the provision of the following services (*)
- Ordered on (*) / received on (*)
- Name of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only for paper communication)
(*) Delete as appropriate.
You can also use the revocation form on our website: https://www.originparts.de/?cl=psWithdrawalForm
Exclusion of the right of revocation
Pursuant to § 312 g paragraph 2 BGB, as long as nothing else has been agreed upon, there is no right of revocation among with the following contracts inter alia:
Contracts for the supply of goods which are not prefabricated and for whose manufacture an individual selection or decision by the consumer is significant or which are clearly tailored to the personal needs of the consumer,
Contracts for the supply of goods which can spoil quickly or whose expiration date would quickly be exceeded,
Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their sealing were removed after delivery,
Contracts for the supply of goods if, due to their nature, they were combined inseparably with other goods after delivery,
Contracts for the supply of audio or video recordings or computer software in sealed packaging, if the sealing were removed after delivery,
Contracts which were concluded in the context of a marketing form, through which the entrepreneur offers consumers, who are personally present or to whom this possibility is granted, goods or services, in a transparent competitive bidding procedure used by auctioneers, in which the bidder who has received the acceptance is obliged to purchase the goods or services (publicly accessible auction).
End of the revocation instruction
§ 11 Data protection
(1) In the course of the initiation, completion, execution and rescission of a contract of sale, data are collected, stored and processed by us within the framework of legal provisions.
(2) When visiting our website, the IP address currently used by your PC, date and time, browser type and operating system of your PC as well as the pages viewed by you are logged. Inference to personal data is thereby however not possible for us and also not intended.
(3) Personal data, which you convey to us e.g. during an order or by email (e.g. your name and your contact information), are processed only for correspondence with you, and only for the purpose for which you have made the data available to us. We share your information only with the shipping company responsible for the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we will share your payment data with the credit institution responsible for the payment.
(4) We also affirm that we do not disclose your personal information to third parties, unless we should be legally obliged to do so or if you have previously expressly agreed. Insofar as we commission the services of third parties for the implementation and execution of handling processes, the provisions of the Federal Data Protection Act are respected.
(5) Personal data which have been communicated to us via our website, are stored only until the purpose for which they have been entrusted to us has been fulfilled. As far as trade and tax retention periods are to be observed, the duration of storage of certain data may be up to 10 years.
(6) Should you no longer agree to the storage of your personal data or they become incorrect, we will arrange for the deletion, correction or blocking of your data upon receiving a corresponding instruction within the framework of the statutory provisions. Upon request you will receive free of charge information about all personal data we have stored about you. If you have questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:
§ 12 Supplier identification
genuine parts GmbH
Rosenkranzer Str. 34
Authorised Representative Managing Director: Mr. Orhan Kemal Ünver
The company is registered in the commercial register of Hildesheim HRB 35884
USt.ID No.: DE 813 851 707
Tax No.: 2316 01620534980
Tax office: Burgdorf