General Terms and Conditions of AVL Schrick GmbH - Tuning B2B-Web Shop and information on contracts in electronic business transactions
You can also download the GTC in PDF format here: AGB_AVL-Schrick
§ 1 Information on contracts in electronic business transactions
A. The following technical steps lead to the conclusion of a contract when using our Tuning B2B-Web Shop:
The user logs in as user with e-mail address and password. You will not receive the password electronically from AVL Schrick GmbH. The user, who can only be a merchant, not a consumer, contacts AVL Schrick GmbH and applies for a user account and also provides the e-mail address to be used for using the Tuning B2B Web Shop. As soon as the user has received confirmation that a user account has been set up, the user will also receive the password for the login. This account can consequently be changed by the customer.
You will be taken to the overview of our products. From here, you choose the goods you want and the quantity required. Alternatively, you can also place a direct order if you know the article number. In both cases, go to the shopping cart when you have finished selecting the desired products.
Once in the shopping cart, the product overview appears. Here you can delete selected products or change the selected quantity. If the product overview accurately reflects your wishes, go to checkout. Otherwise, continue shopping until you have completed your order.
In the checkout area, confirm the delivery address stored with us. You can also change the delivery address there, simply fill in the input fields provided. If you do not want to change the delivery address, proceed to the "next step" field. The shipping address and the summary of purchase will appear. Check your selection, then confirm that you agree with the validity of our General Terms and Conditions and that you have taken note of the information and the data protection declaration by clicking on the two fields provided.
If you now click on "confirm", you will be taken to the overview of the available payment methods. Select your preferred payment method by clicking on the corresponding field. With your mouse click you submit the legally binding purchase offer of which you will also be notified in this field. After selecting the desired payment method, you will be notified that your order has been successfully completed and will receive a confirmation by e-mail. Your order is now available and will be processed. Within 3 working days we will check your order for availability and then send you the order confirmation and the delivery time.
B. After conclusion of the contract, your order is accessible to you in the order history at any time. The general terms and conditions used by us can be saved and printed out by you. This way you always have a complete overview of the contents of the concluded contract.
C. You can identify input errors when compiling your order in the purchase summary and correct them in the shopping basket.
D. For the use of the Tuning B2B-Web Shop you can choose between the German and the English language. Please make your selection after logging in.
§ 2 Scope of application and conclusion of contract
The following terms and conditions apply to all contracts concluded between AVL Schrick GmbH, hereinafter "Seller" and its respective contractual partner, hereinafter "Buyer", by using the Tuning B2B Web Shop. The contract is concluded in the manner described in § 1. By selecting the method of payment, the buyer makes a legally binding offer to conclude a purchase contract. AVL Schrick GmbH then decides whether to accept or reject the buyer's offer. AVL Schrick GmbH's silence regarding the buyer's offer does not imply its consent to the buyer's offer. As a rule, however, AVL Schrick GmbH will send the order confirmation to the purchaser by e-mail within 3 working days (Monday to Friday) and inform the purchaser of the delivery time. The order confirmation from AVL Schrick GmbH includes the legally binding acceptance of the buyer's purchase offer. The buyer is bound to their offer for 3 working days, calculated from the end of the day on which the buyer submitted their offer.
These General Terms and Conditions also apply to any type of modified agreements that may be concluded between the seller and the buyer.
These General Terms and Conditions only apply to companies, legal entities under public law or special funds under public law, but not to consumers. No contracts are concluded with consumers regarding the products that we offer via the Tuning B2B Web Shop.
These General Terms and Conditions can be viewed, saved and printed out by the buyer at any time via the Tuning B2B-Web Shop. With the buyer’s order or any other declaration rendered by them and which was made to the seller and upon conclusion of a contract, the buyer agrees with the validity of these contract conditions, unless he contradicts before or with the submission of his declaration.
The General Terms and Conditions of delivery and payment of the seller apply exclusively. Contradictory contractual conditions of the buyer shall only apply if the seller has expressly agreed in writing or in text form.
Contracts between the parties shall only be concluded if and to the extent that they have declared their declarations electronically via this portal, in writing or in text form, in particular by fax or e-mail. Verbal collateral agreements shall only become effective after an agreement in writing or text form.
If the seller shows or supplies samples, brochures, catalogues, models or the like before submitting an offer, this is for illustrative purposes only. The purchaser cannot deduce any rights regarding the content of the contract, the nature of the goods or the quality of the goods. This shall not apply if the parties have expressly agreed otherwise in writing or in text form.
The seller reserves the right to determine the manner of dispatch. The freight and shipping costs are to be borne by the buyer. This does not apply if the parties have agreed otherwise in writing.
The buyer must take out appropriate insurance against the risks of transport.
The risk of accidental loss of the contractual goods shall pass to the buyer at the time when the seller has handed over the goods to the carrier selected by him or by the buyer, but at the latest when the goods are handed over to the buyer.
The buyer is responsible for ensuring that the destination of the delivery and the unloading point are easily accessible. The buyer is responsible for safe unloading.
The delivery dates stated in the order confirmation are not binding, unless the binding nature for the seller has been expressly agreed in writing.
If the buyer does not accept the delivery or if there is a delay in delivery at his instigation contrary to the seller's information on the delivery date, the buyer shall be in default of acceptance without any additional declaration by the seller. From this point on, the seller is
only liable for intent and gross negligence. The seller has the right to withdraw from the contract from the beginning of the default in acceptance, but no later than 30 days after expiry of the delivery date stated by him in the order confirmation, if the delivery is not made for reasons which fall within the buyer’s sphere of influence. The right to withdraw from the contract also exists for the seller if, after the expiry of the delivery date stated by them and the absence of delivery for reasons for which the buyer is responsible, they have unsuccessfully granted the buyer a reasonable grace period for accepting the goods ordered by the buyer. In the event of withdrawal for the above reasons, the Seller reserves the right to claim damages against the Buyer.
Withdrawal from the contract must be declared in writing.
If partial services have been rendered, the Seller may also limit the withdrawal to the parts of the contract not yet delivered. The seller is not obliged to pay damages. The buyer’s obligation to pay the agreed remuneration remains unaffected by the seller's withdrawal. The buyer reserves the right to prove that no damage or damage below the agreed remuneration has occurred to the seller due to the fact that the buyer has not accepted the goods despite the seller’s provision and setting of a deadline by the seller.
If the seller's delivery causes obstacles that fall within the buyer's sphere of influence, delays or other obstacles, the seller may require the buyer to reimburse the costs incurred by the buyer.
The seller is entitled to demand advance payment of the agreed remuneration from the buyer before delivery.
The seller has the right to involve suppliers in his performance, unless it has been expressly agreed between the parties that the seller has to perform in person.
The seller is entitled to provide partial services.
Upon delivery, the buyer shall immediately inspect the goods provided by the seller for defects and completeness. If properly inspected, shall notify the seller immediately of any visible defects after inspection. Hidden defects must be reported immediately after their discovery. If the buyer violates their obligation to examine and give notice of defects, they shall forfeit their right to assert a warranty claim.
Minor deviations in the stated dimensions, weights, number, colours and the like shall not be deemed defects.
The buyer has no right of retention with regard to their payment obligation towards the seller due to alleged defects, unless the seller has acknowledged the defects or a court has made a final decision on the matter.
Before the buyer asserts warranty claims, the seller must be given the opportunity to remedy the defective delivery or to deliver a new item.
The return of defective goods in the buyer’s opinion shall be at the risk and expense of the buyer, unless the defect has been legitimately asserted or the seller has previously expressly or in writing agreed to the assumption of costs.
The buyer is no longer entitled to warranty rights if the goods delivered by the seller have been modified, completely or partially processed, damaged or destroyed by the buyer.
The seller’s liability for damages incurred by the buyer from the breach of contractual obligations by the seller is limited to intent and gross negligence on the part of the seller and their vicarious agents. The same applies to the violation of the property of the buyer by the seller or one of their vicarious agents. Excluded from the limitation of liability are those cases in which the seller or one of their vicarious agents violates cardinal obligations incumbent on him.
Liability is additionally limited within the scope of the limitation of liability described above to the damages incurred by the buyer in a contractually typical and foreseeable manner.
The buyer is obliged to take out transport insurance to a sufficient extent to cover damages incurred by the buyer due to typical transport risks during transport. The seller is not liable for any damage caused during transport. The transport person is not a vicarious agent of the seller. Transportation is the responsibility of the buyer.
The buyer shall indemnify the seller against all claims for damages by third parties arising from the buyer's improper or in breach of the seller's instructions or use of the goods delivered by the seller.
The goods delivered by the seller to the buyer lead to an increase in the performance of the engines in which these parts are installed. This may result in the expiry of operating licenses for vehicles into which the engines with the parts supplied by AVL Schrick GmbH are fitted or other legal regulations being violated. The buyer is responsible for ensuring that the legal regulations are observed and that legally or officially prescribed approvals or permits are obtained or are available. AVL Schrick is not responsible for this.
The buyer must pay the invoice amount within 30 days of the invoice date, unless the parties have agreed otherwise in writing.
After expiry of the period for payment of the invoice, the buyer shall be in default without separate reminder and shall compensate the seller for the damage resulting from the default from this point in time. As interest damage, the seller is entitled to pay 9% above the respective base interest rate of the European Central Bank from this point in time.
If the seller has additional expenses due to the delay, the buyer shall also reimburse the seller for these costs. In particular, this includes legal or collection costs. For a reminder which the seller sends to the buyer, the seller can demand 10 € reimbursement of expenses from the buyer.
If the buyer is in default of payment for more than 30 days from the date of invoice, the seller has the right to withdraw from the contract and to claim damages from the buyer for non-performance. The same applies if the buyer has expressly or impliedly declared to the seller that he will not finally fulfil his contractual obligation. However, even if insolvency proceedings are opened against the purchaser's assets or a provisional insolvency administrator is appointed, the seller is entitled to the rights mentioned in sentence 1 of this paragraph.
In the event of default in payment, the seller is no longer obliged to perform until the complete invoice amount has been received. The risk of accidental loss of the goods owed shall be borne by the buyer. The Seller shall only be liable for intent and gross negligence from the date of default of payment.
Incoming payments by the buyer will first be offset against the interest, then against the costs and then against the main claim. Of several outstanding main receivables, the older receivables are settled first. This does not apply only if the buyer combines an explicit repayment provision with his payment.
The goods delivered by the seller remain his property until such time as the buyer has fulfilled all the seller’s claims in connection with the respective delivery of goods, including outstanding interest, costs and claims for damages which are attributable to a delay that has occurred.
If the seller refers to the reserved property vis-à-vis the buyer and demands the item delivered by them, this shall be deemed their declaration of withdrawal from the contract. This shall not affect their rights to claim damages and other rights.
Prior to full payment of the purchase price, the buyer may sell the delivered goods to third parties or grant or transfer rights or possession of the delivered goods only with the express consent of the seller. The same applies before processing or fixed connection of the delivered goods with other objects. The buyer is obliged to inform the seller immediately if third parties assert rights to the reserved property of the seller.
In all cases of force majeure, in particular if performance of the contract with the buyer is not possible or unreasonable for the seller due to natural disasters, war, fire, strike or lockout, legal or official prohibitions or similar circumstances beyond the seller's control, the seller shall be released from performance of its obligations under the contract with the buyer without being obliged to pay damages or compensation. If the seller has already rendered part of his performance up to the occurrence of force majeure, the buyer must render their consideration to the appropriate extent.
The contract concluded between seller and buyer shall be governed by German law. The place of jurisdiction and performance is Remsch