I. General Terms and Conditions
§ 1 General provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the supplier (SToxxparts GmbH) via the website shop.crmschock.com, unless the parties agree otherwise in writing. Any differing or conflicting terms and conditions shall apply only with our express consent.
(2) We offer our products for purchase only to natural or legal persons or partnerships with legal capacity that, when entering into the legal transaction, are acting in the course of their commercial or independent professional activities (business customers). Contracts with consumers are excluded.
§ 2 Formation of the contract
(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods are set out in the respective offer.
(2) By listing a product on our website, we make you a binding offer to enter into a contract via the online shopping basket system on the terms specified in the respective offer.
(3) The contract is concluded via the online shopping basket system as follows: The goods you wish to purchase are placed in the shopping basket, where you can make changes. After proceeding to checkout, you enter your contact, billing and delivery details, select from the available delivery and payment methods and review the order summary. Before submitting the order, you can correct your entries or cancel the order process.
By submitting your order using the “Place order with obligation to pay” button, you give legally binding acceptance of our offer; the contract is thereby concluded.
(4) You may also submit a binding offer to enter into a contract (an order) by telephone, email or post. Acceptance of the offer (and therefore conclusion of the contract) takes place immediately for orders placed by telephone or, at the latest, within 5 days by confirmation in text form (e.g. email), confirming that the order will be fulfilled or the goods dispatched (order confirmation). If you do not receive such a notification within this period, you are no longer bound by your order. Any payments or other performance already provided will, in that event, be refunded or returned without delay.
(5) On request, we will prepare an individual offer for you, which will be sent to you in text form and by which we will remain bound for 5 days, unless a different period is stated in the respective offer. You accept the offer by confirming it in text form.
(6) Orders are processed and all information required in connection with the conclusion of the contract is communicated by email, partly by automated means. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically possible and, in particular, that emails are not blocked by spam filters.
§ 3 Prices, payment terms and delivery charges
(1) The prices stated in the respective offers and the delivery charges are net prices. They do not include statutory VAT.
(2) Delivery charges are not included in the purchase price and are charged separately, unless delivery free of charge has been agreed. Further details are available under the appropriately labelled button on our website or in the respective offer.
(3) Deliveries to countries outside the European Union may incur additional costs beyond our control, such as customs duties, taxes or money transfer charges (bank transfer or currency conversion fees charged by financial institutions), which you must bear.
(4) You must also bear any money transfer charges (bank transfer or currency conversion fees charged by financial institutions) where delivery is made to an EU Member State but payment is initiated from outside the European Union.
(5) You may use the payment methods shown under the appropriately labelled button on our website or in the respective offer. Unless a different payment period is specified for the individual payment method or on the invoice, amounts payable under the concluded contract are due immediately. Early payment discounts may be deducted only if expressly stated in the respective offer or on the invoice.
§ 4 Delivery terms
(1) The estimated delivery period is stated in the respective offer. Delivery dates and delivery periods are binding only if confirmed by us in writing. Where payment is made in advance by bank transfer, the goods will be dispatched only after we have received the full purchase price and delivery charges.
(2) If a product you have ordered is unexpectedly unavailable for a reason beyond our control, despite our having entered into an appropriate procurement transaction in good time, you will be informed of its unavailability without delay. In the event of withdrawal from the contract, any payments already made will be refunded without delay.
(3) Goods are dispatched at your risk. At your request, the shipment will be covered by appropriate transport insurance, the cost of which you must bear.
(4) Partial deliveries are permitted and may be invoiced separately by us, provided that this does not result in additional delivery charges for you.
Restocking fee
Before returning any goods, you must obtain authorisation from the SToxxparts sales team. Once SToxxparts has agreed to accept the goods for return, a restocking fee of 30% of the original net value of the goods will be charged. The buyer bears the cost of return delivery.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. This reduction of the period does not apply:
– to damage arising from injury to life, body or health culpably caused by us, or to other damage caused intentionally or through gross negligence; – where we have fraudulently concealed a defect or given a guarantee as to the quality of the goods; – to goods that have been used for a building in accordance with their normal use and have caused that building to be defective; – to statutory rights of recourse that you have against us in connection with claims for defects.
(2) Only our own specifications and the manufacturer’s product description are deemed to constitute the agreed quality of the goods; other advertising, public promotional statements and statements by the manufacturer do not.
(3) In the event of defects, we will, at our discretion, remedy the defect by repair or replacement delivery. If the remedy fails, you may, at your discretion, request a reduction in the price or withdraw from the contract. Remedial action is deemed to have failed after a second unsuccessful attempt, unless a different conclusion follows, in particular, from the nature of the goods or the defect or from other circumstances. In the case of repair, we are not obliged to bear additional costs arising from the goods being moved to a location other than the place of performance, unless that movement is consistent with the intended use of the goods.
§ 6 Right of retention and retention of title
(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.
(2) We retain title to the goods until all amounts owed under the ongoing business relationship have been paid in full. Before ownership of the goods subject to retention of title passes to you, they may not be pledged or transferred by way of security.
(3) You may resell the goods in the ordinary course of business. In that event, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept that assignment. You remain authorised to collect those claims. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.
(4) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the resulting item in proportion to the invoice value of the goods subject to retention of title relative to the other items processed at the time of processing.
(5) At your request, we undertake to release the security to which you are entitled insofar as the realisable value of our security exceeds the claim to be secured by more than 10%. We shall select the security to be released.
§ 7 Applicable law, place of performance and jurisdiction
(1) German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) Our registered office is the place of performance and the place of jurisdiction if you are a merchant within the meaning of German commercial law, a legal entity governed by public law or a special fund governed by public law. The same applies if you have no general place of jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the supplier
SToxxparts GmbH
Hörschweiler Straße 26
72296 Schopfloch
Germany
Telephone: +49 7443 96729-0
Email: info@stoxxparts.com
2. Information on the formation of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correcting entries are governed by § 2 of our General Terms and Conditions (Part I).
3. Contract language and storage of the contract text
3.1. The available shop languages are displayed during the order process.
3.2. Before submitting your order, you can print the contract details using your browser’s print function or save them electronically.