1. Scope
For all orders of products via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
These terms and conditions also apply to future business relations with entrepreneurs, without our having to make any further reference to them. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, its validity is hereby contradicted; They will only become part of the contract if we have expressly consented to it.
2. Contracting parties, formation of contract
The purchase agreement comes about with Stamnitz Automotive GmbH.
By placing the products in the online shop, we submit a binding offer to conclude the contract. The contract is concluded by clicking on the order button to accept the offer via the goods contained in the shopping basket. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract retention
The languages available for the contract are German and English.
You can also view the terms and conditions on this page at any time. Your past orders are no longer accessible on the Internet for security reasons.
4. Terms of delivery
In addition to the indicated product prices are still shipping costs added. You can find out more about the amount of shipping costs in the offers.
In principle you have the possibility to pick up from us, Stamnitz Automotive GmbH, Griembergweg 30, 12305 Berlin, Germany on the following business hours: Monday to Friday from 8:00 am to 5:00 pm except on bank holidays. Please inform us at least two business days before your pick up, so that we can deliver the goods from our warehouse.
We do not deliver to packing stations.
5. Payment
The following payment methods are available for payment of the service:
Payment in advance
If you choose the in advance payment, we will provide you bank details and you can transfer the amount manually. We will start with the execution of the service when he receive the payment.
Credit Card
By submitting your order, you also submit your credit card details.
After your legitimation as a legal cardholder, we request your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is automatically carried out by the credit card company and your card is debited.
PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, authenticate with your access data and confirm payment. After placing the order on the website, we request PayPal to initiate the payment transaction. You’ll get more information during the ordering process.
Cash on Pickup
You pay the invoice amount in cash when you pick up the part after repair.
6. Transportation damage
For consumers:
If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
For business, the following applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have handed over the goods to the freight forwarder, freight carrier or the person or institution otherwise appointed to carry out the shipment. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB. If you fail to comply with the advertisement provided there, the goods shall be deemed to be approved unless it is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranty
Unless otherwise expressly agreed in the following, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods.
No warranty is accepted for damages resulting from improper or unsuitable use, faulty commissioning or assembly, natural wear and tear, negligent or faulty use, neglecting the maintenance or operating instructions as well as improper repair work or changes by the customer or third parties.
If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall be deemed to have been agreed upon for the warranty claims (entrepreneur is a natural or legal person or a legal person whose legal capacity is self-employed):
- For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; The statutory periods of limitation for the right of recourse pursuant to § 478 BGB shall remain unaffected.
As an agreement to the nature of the goods, only our own data and the product descriptions of the manufacturer, which are included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material. - If the delivered item is defective, we shall provide the contractor with a guarantee against the defect (rectification) or by delivery of a defect-free product (replacement delivery)
- Obvious defects must be indicated by the contractor against us immediately, at the latest within 14 calendar days after delivery of the goods in text form (eg e-mail, fax), hidden defects are also immediately, within 14 calendar days after their known In text form (eg e-mail, fax). If the notification of defects is not timely, the warranty rights of the customer are excluded in relation to the defect which has not been notified in due time. This does not apply, however, insofar as we maliciously concealed the defect or assumed a corresponding guarantee.
8. Liability
The installation of the products marketed by us must be carried out in a professional manner, preferably by a specialist workshop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of willful or grossly negligent breach of duty,
- with warranty, if agreed, or
- as long as the scope of the Product Liability Act is in force.
In the case of a breach of essential contractual obligations, which is the fulfillment of the proper performance of the contract and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability is dependent on the foreseeable liability Damage that is typically expected to occur. Furthermore, claims for damages are excluded.
9. Dispute resolution
The European Commission provides an online dispute resolution platform (OS) here .
We are not obligated nor willing to participate in a dispute settlement procedure before a consumer-enforcement agency.
10. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business.