General Terms and Conditions (GTC) & Customer Information
Provider Identification & Legal Notice:
HighLine Autoteile GmbH
Römeräcker 4
76351 Linkenheim-Hochstetten
Germany
Represented by the Managing Director: [Please insert the full name of the managing director here]
Phone: +49 7247 9851030
Email: info@highline-autoteile.de
Registered at the district court of Mannheim, HRB 723338
VAT ID No.: DE302242423
Responsible supervisory authority for audiovisual media services on our websites and social media channels: Landesanstalt für Kommunikation Baden-Württemberg (LFK), Reinsburgstraße 27, 70178 Stuttgart.
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal for Consumers
- Prices, Taxes and Shipping Costs
- Delivery and Transfer of Risk
- Payment Terms
- Retention of Title
- Warranty (Liability for Defects)
- Liability
- Note on Transport Damages
- Customer-Provided Content
- Online Dispute Resolution and Consumer Arbitration
- Information according to Battery Act (BattG) and Waste Oil Ordinance (AltölV)
- Special Provisions for Business Customers (Entrepreneurs)
- Final Provisions
1. Scope of Application
1.1. These General Terms and Conditions (GTC) apply to all contracts concluded between HighLine Autoteile GmbH (hereinafter "we" or "us") and our customers via our online shop.
1.2. A customer within the meaning of these GTC can be either a consumer or an entrepreneur. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. For entrepreneurs, these GTC shall apply exclusively. Deviating or conflicting terms and conditions of the entrepreneur will not be recognized unless we have expressly agreed to their validity in writing.
2. Conclusion of Contract
2.1. The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
2.2. By clicking the button "Order with obligation to pay" (or a similar clear wording), you place a binding order for the goods contained in the shopping cart. We will confirm the receipt of your order by email immediately after it is sent. This automated email confirmation does not constitute acceptance of the contract.
2.3. We can accept your order by sending a separate order confirmation by email or by delivering the goods within a reasonable period. The contract is concluded only upon our acceptance.
2.4. We store the contract text (your order data and these GTC) and send it to you with the order confirmation. You can also view the GTC on our website at any time.
3. Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal. The details are set out in the following cancellation policy.
CANCELLATION POLICY
Right of Withdrawal
You have the right to withdraw from this contract within one month without giving any reason.
The withdrawal period will expire after one month from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (HighLine Autoteile GmbH, Römeräcker 4, 76351 Linkenheim-Hochstetten, Germany, Phone: +49 7247 9851030, Email: info@highline-autoteile.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us at HighLine Autoteile GmbH, Römeräcker 4, 76351 Linkenheim-Hochstetten, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. The direct cost of returning goods which, by their nature, cannot be returned by normal post (e.g., items delivered by a freight forwarder), is 150 EUR.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
— To HighLine Autoteile GmbH, Römeräcker 4, 76351 Linkenheim-Hochstetten, Germany, Email: info@highline-autoteile.de:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.
4. Prices, Taxes and Shipping Costs
4.1. The prices stated on the product pages are final prices. Depending on the item, they include the statutory German value-added tax (VAT) or are subject to differential taxation according to § 25a UStG (German VAT Act). The respective taxation method is indicated in the article description.
4.2. In addition to the stated prices, we charge shipping costs for delivery. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system, and on the order page.
5. Delivery and Transfer of Risk
5.1. Delivery is only possible to the selectable destinations specified in the ordering process.
5.2. As a rule, all items of an order are delivered in a single shipment. We reserve the right to make partial deliveries if this is reasonable for you and necessary for operational reasons (e.g., if items are stored in different locations). Any additional shipping costs incurred as a result will be borne by us.
5.3. For items shipped by a freight forwarder, delivery is made "free to curb", meaning to the public curb nearest to the delivery address, unless otherwise agreed.
5.4. For consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon handover of the goods.
5.5. For entrepreneurs, the risk passes to the entrepreneur as soon as we have delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment.
5.6. Self-collection of the goods at our business premises in 76351 Linkenheim-Hochstetten is possible during our business hours after prior arrangement. In this case, no shipping costs will be charged.
6. Payment Terms
6.1. The available payment methods are displayed in our online shop. We reserve the right to offer only selected payment methods for an order.
6.2. If you choose to collect the goods yourself, payment can also be made in cash on site.
7. Retention of Title
7.1. For consumers, the goods remain our property until the purchase price has been paid in full.
7.2. For entrepreneurs, we retain title to the goods until all claims from an ongoing business relationship have been settled in full.
8. Warranty (Liability for Defects)
8.1. Nature of Used Parts: We explicitly point out that the items offered are used parts. Used parts may show signs of wear and tear, such as scratches, minor dents, or colour deviations from product images. Such signs of use are typical for the age and mileage of the part and do not constitute a material defect, unless they impair the functionality of the part. Product images are for illustration purposes and may differ from the actual appearance.
8.2. For Consumers: The statutory warranty rights apply. For used goods, the warranty period for claims for defects is one year from the delivery of the goods. Excluded from this shortening of the limitation period are claims for damages due to injury to life, body or health, claims for defects which we have fraudulently concealed, and claims arising from a guarantee we have assumed for the quality of the item. For these excluded claims, the statutory limitation periods apply. Your right to claim reimbursement for necessary removal and installation costs in the event of a defect remains unaffected.
8.3. For Entrepreneurs: The warranty period for new goods is one year from the transfer of risk. For used goods, any liability for material defects is excluded. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. The exclusions and shortenings of time limits do not apply to claims for damages due to injury to life, body or health, or to claims based on intent or gross negligence on our part.
9. Liability
9.1. We shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
9.2. In cases of slight negligence, we shall only be liable for the breach of essential contractual obligations. An essential contractual obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely. In this case, liability is limited to the foreseeable, typically occurring damage.
9.3. This limitation of liability shall also apply in favour of our vicarious agents. Liability under the German Product Liability Act remains unaffected.
10. Note on Transport Damages
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your statutory warranty claims as a consumer, but you help us to be able to assert our own claims against the carrier or the transport insurance.
11. Customer-Provided Content
If you provide us with content (e.g., images, texts) for the purpose of fulfilling an order, you grant us the necessary non-exclusive, worldwide, and royalty-free rights to use this content for the duration of the contract fulfilment. You warrant that you are the owner of all necessary rights to this content and that it does not infringe any third-party rights. You agree to indemnify us against all claims by third parties arising from a culpable infringement of this warranty.
12. Online Dispute Resolution and Consumer Arbitration
12.1. The EU Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes.
12.2. We are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
13. Information according to Battery Act (BattG) and Waste Oil Ordinance (AltölV)
13.1. Battery Disposal: Batteries must not be disposed of with household waste. You are legally obliged to return used batteries. You can return them to a municipal collection point or to local retailers. As a distributor of batteries, we are also obliged to take back used batteries, whereby our take-back obligation is limited to used batteries of the type that we carry or have carried in our range. You can return such batteries to us with sufficient postage or hand them in directly at our business premises free of charge. Batteries containing harmful substances are marked with the symbol of a crossed-out dustbin and the chemical symbol of the heavy metal (Cd for cadmium, Hg for mercury, Pb for lead).
13.2. Waste Oil Disposal: According to the Waste Oil Ordinance, we are obliged to take back free of charge used combustion engine or transmission oils up to the quantity of the oils we have sold to you. The take-back also extends to oil filters and oily waste regularly produced during oil changes. You can send the used oil/waste to our business address. Please ensure that it is properly packaged and marked as dangerous goods for shipping.
14. Special Provisions for Business Customers (Entrepreneurs)
14.1. Voluntary Right of Withdrawal: We grant entrepreneurs a voluntary right of withdrawal under the same conditions as for consumers, as described in Section 3 of these GTC.
14.2. Applicable Law: The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
14.3. Place of Jurisdiction: 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 is our place of business (jurisdiction of the courts for Karlsruhe).
15. Final Provisions
15.1. Applicable Law: For consumers, this choice of law (see Sec. 14.2) only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
15.2. Contract Language: The contract is concluded exclusively in the English language.
15.3. Severability Clause: Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the relevant statutory provision shall apply.
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