1.1. The following General Terms and Conditions (GTC) exclusively govern all business relationships between N&N Commerce UG (haftungsbeschränkt) and its customers.
1.2. The term "customer" includes both consumers and entrepreneurs. Consumers are natural persons with whom a business relationship is entered into, without them being considered to be engaged in a commercial or independent professional activity. Entrepreneurs are natural or legal persons, or partnerships with legal capacity, with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
1.3. These Terms and Conditions shall serve as a framework agreement for all future contracts, unless expressly agreed otherwise. The version valid at the time of the order or the most recently communicated version in text form shall prevail.
1.4. Any deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if N&N Commerce UG (haftungsbeschränkt) has expressly agreed to their validity in writing. This applies even if the delivery is carried out without reservation and even if N&N Commerce UG (haftungsbeschränkt) is aware of the customer's general terms and conditions.
1.5. Individual agreements take precedence over these Terms and Conditions. The content of such agreements, unless proven otherwise, shall prevail in a written contract or in the written confirmation from N&N Commerce UG (haftungsbeschränkt).
2.1. By ordering the goods, the customer bindingly declares his intention to purchase the ordered goods.
2.2. We undertake to accept customer orders in accordance with the provisions of these Terms and Conditions. Exceptions apply if the order is based on a typographical, printing, or calculation error on our website. In such cases, we will promptly submit a corrected offer to the customer.
2.3. When consumers order goods electronically, we will immediately confirm receipt of the order.
2.4. Prices stated on the website are non-binding and subject to change at any time. The price stated in the order confirmation is binding. Illustrations or drawings in brochures, advertisements (including our website), and other offers are only approximate unless expressly designated as binding.
2.5. Urgent orders and fixed-term transactions must be expressly marked as such in writing (according to Section 126b of the German Civil Code). Any resulting additional costs (courier, express delivery, etc.) will be invoiced separately.
2.6. The contract is concluded subject to the correct and timely delivery by our suppliers. This only applies if the non-delivery is not our responsibility. The customer will be informed immediately of the unavailability, and the consideration will be refunded immediately.
3.1. Delivery dates are only binding if expressly agreed upon. Otherwise, delivery will be made as soon as possible, but no later than two weeks after the delivery confirmation.
3.2. Delivery will be made ex warehouse to the address specified by the customer, unless otherwise agreed. We reserve the right to determine the method of shipment (in particular, the carrier, shipping route, and packaging) unless otherwise specified.
3.3. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods shall only pass to the customer upon delivery to the customer.
3.4. For businesses, the risk passes to the customer upon handover; in the case of sales by dispatch, upon delivery of the goods to the freight forwarder, carrier, or the person or institution designated to carry out the shipment. Losses, damages, or delays during shipment do not constitute grounds for claims for damages or the customer's right of withdrawal from the contract.
3.5. If shipped by a freight forwarder, the goods must be inspected upon receipt. Any transport damage must be reported to the driver immediately and noted on the receipt. If the freight forwarder refuses to unpack or does not acknowledge any damage, acceptance should be refused.
3.6. Delivery shall be deemed to have taken place if the customer is in default of acceptance.
3.7. If we exceed the delivery deadline, the customer may set us a reasonable grace period in text form (pursuant to Section 126b of the German Civil Code) within five days of the deadline's expiration and, if this grace period expires without success, withdraw from the contract. Upon receipt of this request, we shall be in default.
3.8. In the event of default in acceptance by the customer or breach of other obligations to cooperate, we are entitled to claim compensation for any damages incurred and any additional expenses. In this case, the risk shall pass to the customer at the time of default in acceptance.
4.1. In cases of force majeure, the contractual obligations of the affected party shall be suspended for the duration and to the extent of the respective external event. Force majeure includes, in particular, serious disruptions in the health sector (e.g., pandemics, epidemics, plagues), natural disasters (e.g., storms, floods, earthquakes), labor disputes, unrest, armed conflicts, or acts of terrorist violence; and operational disruptions of any kind.
4.2. If the suspension of contractual obligations results in a disruption of the original balance between performance and consideration, the parties undertake to adapt the contract in such a way as to restore the original balance as far as possible.
4.3. If such events significantly complicate or render impossible the delivery or service, and the disruption is not merely temporary, we reserve the right to withdraw from the contract. In the case of temporary disruptions, the delivery or service deadlines shall be extended or postponed by the duration of the disruption plus a reasonable start-up period.
5.1. In contracts with consumers, ownership of the goods remains reserved until the purchase price has been paid in full. The customer must notify us immediately of any change of ownership of the goods or of any change of residence.
5.2. In contracts with businesses, we retain title to the goods until all claims arising from the current business relationship have been settled in full. Title to the goods is transferred only upon credit entry, when checks are submitted for payment.
5.3. The customer is obligated to treat the goods with care. Maintenance and inspection work must be carried out regularly at the customer's own expense.
5.4. Goods subject to retention of title may not be pledged or assigned as security until the secured claims have been fully settled. The customer must notify us immediately in writing if an application for the opening of insolvency proceedings is filed or if third parties seize the goods belonging to us (e.g., by way of attachment).
5.5. In the event of breach of contract by the customer, in particular non-payment of the purchase price due, we reserve the right to withdraw from the contract in accordance with statutory provisions and to demand the return of the goods based on retention of title and withdrawal. We may only assert these rights if we have previously unsuccessfully set the customer a reasonable payment deadline or if such a deadline is dispensable under statutory provisions.
6.1. The purchase price stated in the order confirmation is binding. VAT is included in the purchase price and will be shown separately at the statutory rate on the day of invoicing.
6.2. All prices are ex-works. Packaging, shipping, or other arrangements are charged separately. For mail-order purchases, shipping costs will be invoiced in addition to the purchase price. The customer will not incur any additional costs when ordering via distance communication.
6.3. The purchase price is due within 5 business days of invoicing and delivery. However, we reserve the right to make deliveries, in whole or in part, only against advance payment, even within the framework of an ongoing business relationship. We will declare this reservation no later than with the order confirmation.
6.4. If the consumer defaults on payment, we are entitled to charge interest at a rate of 5 percentage points above the base interest rate (Section 247 of the German Civil Code). For businesses, we are entitled to charge interest at a rate of 9 percentage points above the base interest rate (Section 247 of the German Civil Code). We reserve the right to claim higher damages.
6.5. In the event of non-payment of checks and direct debits, we are entitled to demand a flat-rate compensation of €35.00 for the additional costs of the canceled bank transaction. However, the customer can prove that we incurred no or significantly less damage. This amount is in addition to the fees charged by the bank.
6.6. The customer may only offset counterclaims that have been legally established or recognized by us. The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
7.1. Warranty claims are void if the purchased item has been used improperly or has been subjected to stress beyond normal limits, for example in motorsports, or if the manufacturer's specifications, such as those set out in the operating instructions, have not been complied with.
7.2. When selling used parts, natural wear and tear is excluded from the warranty. For used parts, the warranty for material defects is limited to the free delivery of a used component of equal or higher quality. If a replacement part is not available, the warranty is limited to the reimbursement of the purchase price and, if applicable, any freight costs incurred.
7.3. Attachments that are still attached to the purchased used vehicle part and have not been removed by us will be provided as additional parts free of charge and without warranty.
7.4. The purchase of used safety-relevant parts is at your own risk, and we assume no warranty or liability for their proper functioning. Such parts must be installed by a specialist workshop.
7.5. Warranty claims are only valid if the supplied parts are installed by a specialist workshop in accordance with our installation instructions, and all maintenance and inspection work prescribed by the manufacturer has been verifiably performed. Failure to comply with our installation instructions and self-assembly will void any warranty claim unless the customer can prove that the defect was already present upon delivery.
7.6. For goods with digital elements (according to Section 327a, Paragraph 3, Sentence 1 of the German Civil Code), we are under no obligation to provide these elements ourselves or through third parties. The digital elements are not part of the purchase contract but are provided free of charge and without any warranty.
7.7. All parts are sold without operating fluids (attachments) and lubricants. The customer is responsible for ensuring proper filling with operating fluids and lubricants during installation. Improper filling voids any warranty.
8.1. The following regulations for rectifying defects in goods apply to consumers, taking our economic interests into account: For products valued at less than €100.00, the consumer may initially only request a replacement delivery. If the value of the goods exceeds €100.00, we are initially entitled to attempt to remedy the defect within a reasonable period of 20 working days. If the repair is not economically reasonable, the defect will be remedied by replacement delivery. In the case of a replacement delivery, the original part must be received by us within 5 days; otherwise, the delivered replacement part will be charged additionally. Consumers must report obvious defects in writing (pursuant to Section 126b of the German Civil Code) within 2 months of discovering the defective condition. The time of the report is decisive. Failure to report this will void the warranty, unless the seller acted fraudulently. The burden of proof for the time of discovery of the defect lies with the consumer. In the case of used goods, the consumer bears the burden of proof of defectiveness.
8.2. If the defect cannot be remedied or a deadline set by the customer for remedying the defect has expired without success, the consumer may, at his or her own discretion, demand a price reduction or withdraw from the contract. However, in the case of minor breaches of contract, in particular minor defects, the customer is not entitled to withdraw from the contract.
8.3. Consumers' claims for damages due to a defect can only be asserted after the defect has been remedied without success. Further claims for damages remain unaffected and can be asserted in accordance with the following paragraphs.
8.4. We are liable in accordance with the statutory provisions for damage to life, limb, and health resulting from culpable breach of duty by us, our legal representatives, or vicarious agents. We are also liable in accordance with the statutory provisions for damages resulting from intentional or grossly negligent breaches of contract, as well as fraudulent intent on the part of us, our legal representatives, or vicarious agents. To the extent the Product Liability Act is applicable, we are liable without limitation in accordance with its provisions. We are also liable within the scope of a guarantee of quality and/or durability, provided such a guarantee was given for the delivered item. If damage occurs that is due to a lack of the quality or durability guaranteed by us, we are only liable if the risk of such damage is clearly covered by our guarantee.
8.5. In the case of damages resulting from delay or defects attributable to simple negligence in the breach of essential contractual obligations - i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely - our liability is limited to foreseeable and typical damages. The same applies if consumers are entitled to claims for damages instead of performance.
8.6. No further liability claims against us shall exist, regardless of the legal nature of the claims asserted against us. These limitations of liability apply without prejudice to our liability under the preceding paragraphs.
8.7. The warranty period for consumers is two years from delivery for new goods and one year from delivery for used goods. Section 475e of the German Civil Code (BGB) remains unaffected.
9.1. Business owners receive a warranty for defects in new goods, at our discretion, through repair or replacement. The right to refuse warranty under the statutory conditions remains unaffected. We may make subsequent performance dependent on payment of the purchase price due. However, the business owner may retain a reasonable portion of the purchase price that is proportionate to the defect.
9.2. Businesses must report obvious defects (including incorrect and short deliveries) in writing within two weeks of receipt of the goods; otherwise, warranty claims are excluded. Timely dispatch is sufficient to meet this deadline. The business bears the full burden of proof for all requirements for a claim.
9.3. If the entrepreneur decides to withdraw from the contract due to a legal or material defect after unsuccessful subsequent performance, he is not entitled to any claim for damages due to the defect. If the entrepreneur chooses damages after unsuccessful subsequent performance, the goods remain with the entrepreneur if this is reasonable. The damages are limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have fraudulently caused the breach of contract.
9.4. We are not liable for damages that did not occur to the purchased item itself. In particular, we are not liable for lost profits or other financial losses of the entrepreneur. This exclusion of liability does not apply if the cause of the damage is based on intent or gross negligence, or if the entrepreneur asserts claims for damages due to the absence of a guaranteed feature. A feature is only considered guaranteed if the guarantee has been expressly made in writing. Mere product descriptions or verbal/telephone information do not constitute guaranteed features.
9.5. The warranty period for entrepreneurs for new goods is 1 year from delivery.
9.6. The sale of used goods to businesses is subject to the exclusion of any warranty or other liability on the part of the seller, except for claims for damages arising from liability for material defects. These only exist in accordance with clauses 9.7 and 9.8.
9.7. We are liable - regardless of the legal basis - within the scope of fault liability for intent and gross negligence. In cases of simple negligence, we are liable, subject to a more lenient standard of liability under statutory provisions (e.g., for due diligence in our own affairs), only a) for damages resulting from injury to life, body, or health, b) for damages resulting from the significant breach of a material contractual obligation (an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.
9.8. The limitations of liability stated in Section 9 also apply to breaches of duty by or on behalf of persons whose fault we are legally responsible for. They do not apply to the extent that we have fraudulently concealed a defect or provided a guarantee for the quality of the goods, nor to customer claims under the Product Liability Act.
The return of flawless, previously delivered goods is accepted at our discretion and only in exceptional cases, unless legally obligated. Prior consultation and agreement with the customer are required and must be made within one month. This is done solely as a goodwill gesture. Returns are only possible if the goods are in perfect condition and are returned freight prepaid to our warehouse. Returns are only accepted against the issuance of a credit note. For returns of flawless goods, a restocking fee of 10% of the price will be charged, and a credit note for 90% of the purchase price will be issued. Electronic parts cannot be exchanged under any circumstances. Credit notes are valid for one year.
Information on the right of withdrawal can be found on our website: www.www.autoteile-stark.de
The laws of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
The EU Commission provides an online platform for dispute resolution, accessible via the external link: http://ec.europa.eu/consumers/odr/
We do not participate in dispute resolution proceedings before consumer arbitration boards and are neither willing nor obliged to do so.
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 shall be our registered office. However, we reserve the right to file legal action at the place of performance of the delivery obligation pursuant to these Terms and Conditions or a prior individual agreement, or at the customer's general place of jurisdiction. Priority statutory provisions, in particular those regarding exclusive jurisdiction, remain unaffected. The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is filed.
16.1. By placing an order, the customer agrees that the personal data required to process the order will be collected, processed, and stored. This data will be used internally and exclusively for internal purposes. It will not be passed on or sold to third parties.
16.2. Personal data (such as title, name, address, email address) are collected, processed and stored by us exclusively in accordance with the provisions of German data protection law, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
16.3. Additional information on data protection, as well as details on the type, scope, and purpose of data collection and use, can be found in our privacy policy at www.www.autoteile-stark.de.
