GENERAL TERMS AND CONDITIONS

(1) These General Terms and Conditions apply to all contracts between PART EXPRESS GmbH, Tieckstr. 36, 10115 Berlin, Germany (hereinafter the “Seller”) and the buyer that are concluded via the online shop www.partexpress.de, by telephone, by email or messenger, via classified-ad portals or on collection in person. Sales via eBay are governed by the terms deposited there. Deviating terms of the buyer are not recognised unless the Seller expressly agrees to their validity in text form.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of his or her trade, business or profession.

(3) Anyone ordering under a company name, stating a VAT identification number, as a vehicle workshop, dealer or otherwise recognisably on behalf of a business is treated as an entrepreneur.

(1) The presentation of goods in the online shop and in advertisements is not a binding offer but an invitation to order. The goods are used, individual items. Prior sale is reserved.

(2) In the online shop, the buyer submits a binding offer by clicking the button “Order with obligation to pay”. The contract is concluded when the Seller confirms the order by email, requests payment or dispatches the goods. For payment by PayPal or credit card, the contract is concluded upon confirmation of the payment instruction.

(3) For orders by telephone, email, messenger or via classified-ad portals, the contract is concluded with the Seller’s order confirmation in text form.

(4) For payment in advance, the purchase price is due within seven days of receipt of the request for payment. If payment is not received in time, the Seller is entitled to withdraw from the contract and to sell the goods elsewhere.

(5) The contract language is German. The text of the contract is stored by the Seller and sent to the buyer by email together with the order confirmation.

(1) The Seller sells used vehicle spare parts from vehicle recycling. The goods show signs of wear and tear caused by age, use and mileage. This is the agreed condition and not a defect. The item description and the photos of the respective offer are solely decisive.

(2) Mileage information is based on the odometer reading of the donor vehicle and is reproduced without guarantee.

(3) Information on vehicle usage serves for orientation only and does not constitute an agreement on condition. Before purchasing, the buyer is obliged to compare the part number or the engine or gearbox code with his or her old part. On request, the Seller checks the usability on the basis of the vehicle identification number.

(4) Unless expressly stated otherwise in the offer, engines and gearboxes are sold without attached parts. Attached parts that are supplied, in particular alternator, starter, air-conditioning compressor, turbocharger, injection system, sensors, wiring harness, clutch and flywheel, serve as transport protection, are not the subject of the purchase contract and are handed over without any assurance of function.

(5) The Seller gives no guarantees, in particular no guarantee of condition, durability or function. Statements such as “tested” or “functional” describe the condition at removal or testing and are not a guarantee in the legal sense. Guarantees exist only if they are expressly designated as a “guarantee” in text form.

(6) The vehicle usage list of an offer is a non-binding orientation aid and not an assurance of fit for a specific vehicle. A binding confirmation of compatibility exists only if the Seller has issued it in text form before the purchase at the buyer’s request, stating the vehicle identification number (VIN).

(1) For technical assemblies, in particular engines, injectors, high-pressure pumps and other parts of the injection system, manual and automatic gearboxes, torque converters, differentials, reduction gears and turbochargers, the installation and commissioning requirements listed in Annex 1 to these terms apply. They form part of the contract.

(2) These parts must be installed by a specialist vehicle workshop in accordance with the vehicle manufacturer’s specifications and in compliance with the Seller’s installation and commissioning requirements. The installation invoice and the receipts for replaced parts and operating fluids must be retained.

(3) Damage resulting from improper installation, non-compliance with the installation and commissioning requirements, unsuitable or missing operating fluids, overheating, lack of oil or contamination, modification, opening or disassembly of the part, tuning or performance enhancement, use in motorsport or a cause of the original damage that remained in the vehicle does not constitute a defect in the delivered goods. The Seller is not liable for such damage and its consequences.

(4) In the event of a complaint, the buyer must submit the specialist workshop’s installation invoice, the receipts for replaced parts and operating fluids, meaningful photos and a fault-memory log. The buyer must inform the Seller before the part is removed, opened or repaired and must allow the Seller to inspect the part. Markings and seals applied by the Seller serve to identify the delivered part and must not be removed.

(5) Mandatory statutory rights of consumers remain unaffected by paragraphs 2 to 4.

(1) All prices are final prices in euros including statutory VAT plus the shipping costs shown. Available payment methods are payment in advance by bank transfer, PayPal, credit card and cash payment on collection. The purchase price is due upon conclusion of the contract.

(2) The goods remain the property of the Seller until paid in full. Vis-à-vis entrepreneurs, the goods remain the property of the Seller until all claims arising from the business relationship have been settled.

(3) The buyer is entitled to set off only if his or her counterclaim has been established by a final judgment, is undisputed or has been acknowledged by the Seller, or is reciprocally linked to the main claim.

(1) Delivery is made to the delivery address specified by the buyer. Heavy and bulky parts, in particular engines and gearboxes, are delivered by freight carrier kerbside. The buyer ensures acceptance and unloading. Collection is only possible by prior appointment.

(2) If delivery fails for reasons attributable to the buyer, the buyer bears the costs of the unsuccessful shipment and of a renewed delivery.

(3) Vis-à-vis entrepreneurs, risk passes upon handover of the goods to the carrier.

(4) Externally visible transport damage must be noted on the consignment note or to the delivery agent upon acceptance and reported to the Seller without delay together with photos. For consumers, this notification has no effect on their statutory rights. It helps the Seller to assert its own claims against the carrier.

(1) Vis-à-vis consumers, statutory liability for defects applies subject to the following provisions.

(2) For used goods, the limitation period for claims for defects is one year from delivery of the goods. The consumer is separately informed of this shortening before placing the order. The shortening applies only if it has been expressly and separately agreed with the consumer.

(3) Paragraph 2 does not apply to claims for damages arising from injury to life, body or health, in cases of intent or gross negligence, in cases of fraudulent concealment of a defect, or to claims under the Product Liability Act.

(4) Expenses incurred because the goods were taken to a place other than the delivery address are borne by the Seller only to the extent mandatorily required by law.

(1) Vis-à-vis entrepreneurs, any liability for defects in used goods is excluded. The goods are sold as inspected or as described.

(2) Removal and installation costs, troubleshooting costs, towing and transport costs, rental car costs, loss of use, lost profit and other consequential costs are not reimbursed to entrepreneurs.

(3) Paragraphs 1 and 2 do not apply in cases of intent or gross negligence, fraudulent concealment of a defect, injury to life, body or health, or to claims under the Product Liability Act. The statutory provisions on the Seller’s recourse remain unaffected insofar as a consumer goods purchase is at the end of the supply chain.

(4) Entrepreneurs must inspect the goods immediately upon receipt and report recognisable deviations immediately, at the latest within five working days of receipt, in text form. Hidden deviations must be reported immediately upon discovery. Otherwise the goods are deemed approved (Section 377 of the German Commercial Code, HGB).

(5) Entrepreneurs have no right of withdrawal or return. Goods are taken back only with the Seller’s prior consent in text form and against a handling fee of 20% of the value of the goods, at least 25 euros. The entrepreneur remains free to prove a lower expense.

(6) A return due to lack of fit is excluded vis-à-vis entrepreneurs. This does not apply if the Seller has previously confirmed compatibility for the specific vehicle in text form in accordance with Section 3 (6); in that case the Seller takes the goods back without a handling fee.

(1) The Seller is liable without limitation in cases of intent and gross negligence, injury to life, body or health, fraudulent concealment of a defect and under the Product Liability Act.

(2) In the event of a slightly negligent breach of a material contractual obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the buyer may regularly rely, liability is limited to the foreseeable damage typical of the contract at the time of its conclusion.

(3) In all other respects, the Seller’s liability is excluded. This also applies to the personal liability of its legal representatives, employees and vicarious agents.

(1) In distance contracts, consumers have the statutory right of withdrawal in accordance with the separate withdrawal information. There is no right of withdrawal for purchase and handover on site.

(2) The consumer bears the direct costs of returning the goods. This also applies to goods which, due to their nature, cannot normally be returned by post, in particular freight goods. The amount of these costs is stated in the withdrawal information.

(3) The consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Installing and commissioning a spare part goes beyond such an inspection. For installed or commissioned parts, the compensation for diminished value may amount to the full purchase price.

(4) All operating fluids must be drained before return. The goods must be packed securely for transport, engines and gearboxes on a pallet. The buyer is liable for damage resulting from inadequate packaging.

(5) Outside the statutory right of withdrawal, there is no entitlement to a return due to lack of fit unless the Seller has previously confirmed compatibility for the specific vehicle in text form in accordance with Section 3 (6). The consumer’s statutory rights in the event of defects, in particular in the case of an objectively incorrect item description, remain unaffected.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.

(2) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin.

(3) The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.