Terms and Conditions

General Sales Terms and Conditions

As of December 2018

§1 Scope of application

(1) These general sales terms and conditions (hereinafter: "terms") apply to all contracts between us,

Norbert Vordenbäumen Groß- u. Einzelhandel/Vermittlung Neu- und Gebrauchtteile, italienische Youngtimer,

Oppenheimer Weg 21 B
40227 Düsseldorf , Germany
Telephone: +49 (0) 211-730-2380
Mobile: +49 172 1315 888
Email: info@n-vdb.de
www.n-vdb.de
Owner Norbert Vordenbäumen
VAT Identification Number: DE270391810

and you as our customer in our online shop. These terms and conditions apply to all such contracts regardless of whether you are a consumer, entrepreneur, or merchant.

(2) All agreements made between you and us in connection with the purchase agreement arise, in particular, from these sales conditions, our written confirmation that we have received your order, and our written acceptance of your order.

(3) The version of these terms valid at the time the contract is signed is binding.

(4) We do not accept any deviating customer terms and conditions. This also applies if we do not expressly object to them.

§2 Conclusion of the contract

(1) The presentation and marketing of products in our online shop does not represent a binding offer to enter into a sales contract with you.

(2) By clicking the "Submit order" button in the online shop, you are making a legally binding offer to purchase the goods from us. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order as detailed in §3 below remains unaffected.

(3) We will immediately email confirmation that we have received your order placed via our online shop. Such an email does not constitute a binding acceptance of the order, unless expressly indicated therein.

(4) A contract is not concluded until we formally accept your offer to purchase or deliver the ordered goods.

(5) We can only accept orders with a minimum order value of €20.00.

(6) If we are unable to deliver the goods ordered, for example, because they are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you about this situation immediately and refund any payments already received.

§3 Right of rescission

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right to revoke your order in accordance with the statutory provisions.

(2) If you exercise this right, you must return any goods received at your own expense.

(3) Otherwise, the right to revoke orders is subject to the following provisions:

 

Right to cancel/revoke orders

You have the right to revoke this contract within fourteen days without specifying any reasons.

The cancellation period comprises fourteen days from the day on which you or any third party that is not the carrier and had been appointed by you took possession of the goods.

To exercise your right of withdrawal, you must inform us at

Norbert Vordenbäumen Groß- u. Einzelhandel/Vermittlung Neu- und Gebrauchtteile, italienische Youngtimer,

Oppenheimer Weg 21 B
40227 Düsseldorf , Germany
Telephone: +49 (0) 211-730-2380
Mobile: +49 172 1315 888
Email: info@n-vdb.de
www.n-vdb.de
Owner Norbert Vordenbäumen
VAT Identification Number: DE270391810

Send us written notice (e.g. by post, fax or email) that clearly expresses your intention to rescind the agreement. You may use the attached sample cancellation form, but this is not required. You can also fill in and submit the sample revocation form or any other unequivocal statement cancelling your order electronically on our http://n-vdb.de/Widerruf. If you use this option, we will promptly send you (e.g. by email) a confirmation concerning the receipt of such a revocation.

Your revocation is valid if you send notice exercising your rights before the expiry of the revocation period.

 

Alternatively, you can also print out the following text, fill it out, and return it.

Sample revocation form

(If you would like to revoke the contract, please complete this form and send it back to us.)

To
Norbert Vordenbäumen
Groß- u. Einzelhandel/Vermittlung
Oppenheimer Weg 21 B
40227 Düsseldorf , Germany
Tel. +49 211 7302380
Email: info@n-vdb.de

I hereby give notice that I/we would like to withdraw from my/our contract concluded for the purchase of the following product(s):

___________________________________________

___________________________________________

Ordered/received on ____________

Customer name(s) ____________________

Customer address ____________________

Signature of customer(s) ________________ (only if this form is sent on paper)

Date ____________________

[]

 

Consequences of revocation

If you choose to withdraw from this Contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this Contract. The refund shall be issued to the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first.

You must return or hand over the goods to us immediately, in any event no later than fourteen days from the date on which you notified us that you were cancelling this contract. The deadline shall be deemed to have been observed if you send the items before the fourteen-day deadline has expired.

You shall bear the direct costs of returning the goods.

You must only compensate any loss of value of the goods if this loss of value is due to handling which is unnecessary for the examination of the nature, characteristics and functioning of the goods.

End of the notice of your right of withdrawal.

 

(4) This right does not apply to mail order contracts

(a) for the supply of goods made to the consumer's specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly,

(b) for the supply of audio or video recordings or software if the if the seal on the data media has been broken by the consumer, or

§4 Terms of delivery and right to require payment in advance

(1) We are entitled to make partial deliveries in so far as this is reasonable for you.

(2) Delivery of the ordered goods takes place after complete payment of the purchase price together with any shipping costs.

(3) The delivery period is approximately five (5) working days after receipt of payment, unless otherwise agreed. It starts with payment of the purchase price and shipping costs.

§5 Prices and shipping costs

(1) All prices in our online shop are gross prices including the statutory value-added tax, but not the shipping costs, which are billed separately.

(2) The shipping costs are stated in our prices in our online shop. The price including VAT for new parts and shipping costs will also be displayed in the order summary before you submit the order.

(3) If we fulfil your order in accordance with §4(1) above by making partial deliveries, you will only be responsible for the first partial delivery. If the partial deliveries are made at your request, we charge shipping costs for every partial delivery.

(4) If you revoke your contract declaration effectively in accordance with §3, you can demand a refund of costs already paid for the shipment to you (delivery costs) (see other consequences of cancellation §3(3) ).

(5) All orders are shipped by Deutsche Post/DHL. The shipping risk will be borne by the provider if the customer is a consumer.

§6 Payment terms, offsets, and right of retention

(1) The purchase price and the shipping costs are to be paid at the latest within two (2) weeks from receipt of our invoice.

(2) You can transfer the purchase price and the shipping costs of your choice to our account specified in the online shop or via PayPal.

 (3) You are not entitled to apply any offsets to our claims or assert a right of retention of goods, unless the counterclaims are legally determined or undisputed. You are, however, entitled to offset against our claims if you assert claims for defects or counterclaims from the same purchase contract.

(4) As a buyer you may exercise a right of retention only if your counterclaim results from the same purchase agreement.

§7 Reservation of title

The delivered goods remain our property until full payment of the purchase price.

§8 Warranty

(1) We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§434 ff. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years for new items, one second for used items and begins with the delivery of the goods. The warranty period for items supplied by the supplier to entrepreneurs is 12 months.

(2) Any seller guarantees given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall, in addition to the claims for defects of quality or title within the meaning of para. 1. Details of the scope of such warranties are given in the warranty terms included with the item.

§9 Liability

(1) Customer claims for damages are excluded. This excludes customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the provider, their legal representatives or agents. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the agreement.

(2) In case of breach of essential obligations, we are only liable for typical, foreseeable damages if these were caused by simple negligence, unless the Customer's claim is for damages resulting from injury to life, body, or health.

(3) The restrictions of para. 1 and 2 also apply to our legal representatives and vicarious agents if claims are made directly against them.

(4) Those from items 1 and 2 do not apply if the supplier maliciously concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if the Supplier and the Customer have reached an Agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§10 Copyright

We have copyrights on all pictures, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

§11 Applicable law and jurisdiction

(1) The law of the Federal Republic of Germany applies, with the exception of the UN Sales Convention. If you have submitted this order as a consumer and have your habitual domicile in another country at that time, the applicability of any mandatory laws of that country is not affected by this clause.

(2) If you are a merchant and are domiciled in Germany at the time of the order, the exclusive place of jurisdiction is Düsseldorf, the registered office of the seller. In addition, the applicable statutory provisions apply to local and international jurisdiction.

 (3) Dispute resolution:  The EU Commission has created an internet platform for the online settlement of disputes. This platform acts as a point of contact for out-of-court dispute settlements, dealing with contractual obligations resulting from online sales contracts. For more information, please visit the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body.