GTC

GENERAL TERMS AND CONDITIONS

GTC | Version: 1.01 | Status: 27.03.2018

VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH offers automotive parts and accessories for purchase via an online shop at the domain pillenstein.de. The following General Terms and Conditions (GTC) apply to all contracts concluded between the customer and VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH via this online shop.

1. General provisions

1.1
The offer of VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN is exclusively targeted at natural persons with unlimited right to contract, and at legal entities and partnerships; specifically minors may not initiate any orders via the online shop.

1.2
“Customers” for the purposes of these GTC are consumers as well as businesses.

1.2.1
A consumer is any natural person with whom a business relationship is established and who acts for a purpose that can be attributed to neither their commercial nor self-employed professional activity.

1.2.2
A business is any natural person, or legal entity or partnership with legal capacity, with whom a business relationship is established and who acts in exercise of a commercial or self- employed activity.

1.3
The contract language is German.

1.4
The law of the Federal Republic of Germany applies.

1.4.1
The choice of law pursuant to Section 1.4 of these GTC applies to consumers, who do not conclude the contract for professional or commercial purposes, only insofar as this does not deprive the consumer of the protection granted under compulsory provisions of the law of the state in which the consumers maintain their permanent residence.

1.4.2
The provisions United National Convention on Contracts for the International Sale of Goods (CISG) do not apply.

2. Conclusion of the contract in the online shop

2.1
The products listed in the online shop do not represent any binding offers of VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH; they instead represent an invitation to the Customer to make a binding offer by placing an order.

2.2
The Customer has the possibility to select and order products in the online shop. Before sending the order, VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH allows the Customer to check the order data and correct potential input errors.

2.3
By sending the order from the virtual “shopping cart”, the Customer places a binding order for the articles contained in the shopping cart. VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH will confirm the receipt of this order to the Customer immediately in text form by email.

2.4
VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH is entitled to accept the Customer’s offer to contract within two working days from receipt of the order. The contract with the Customer will be validly established on the explicit acceptance of the order by VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH.

3. Storage of the contract text

VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH will store the contract text. The order data including the terms of contract, together with these GTC will be sent in text form to the Customer. The GTC can also be retrieved from the website in the online shop and be downloaded as PDF.

Customers who have registered an account for the online shop of VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH have the option to retrieve an order history via their customer account after the order has been sent from the virtual “shopping cart”. The login is available on the website directly from the internal customer area in the online shop, by entering the user name personally chosen by the Customer or his/her email address and password.

4. Prices / delivery and shipment costs

4.1
All purchase prices are total prices – i.e. they include all price components as well as any incurred value added tax.

4.2
Unless agreed otherwise, the purchase prices apply plus delivery and shipment costs; their amount or further details regarding their calculation are stated in the context of the respective product offer.

4.3
For cross-border shipments, additional taxes and/or costs (e.g. customs duties or fees) may be incurred, which are to be paid by the Customer.

5. Payment methods

VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH accepts the payment methods listed in the online shop that are made available to the Customers for selection. Customers can select their preferred payment method from the available payment methods.

5.1
In the case of prepayment by bank transfer or via PayPal, the Customer undertakes to pay the purchase price plus any incurred delivery and shipment costs without deductions, at the latest fourteen days from receipt of the payment request sent to them. Account/transfer data will be notified to the Customer in the payment request.

5.2
In case the products are (personally) collected by the Customer against cash payment, the due amount will be paid in cash at the time of the handover of the products.

5.3
Customers may exercise rights of withholding only if their counterclaim is based on the same contractual relationship.

6. Terms of delivery and shipment

6.1
Unless agreed otherwise, the products will be delivered by shipment to the delivery address notified by the Customer; however, (personal) collection of the products is possible during the opening hours.

6.2
The articles purchased by the Customer will be shipped within one working day from payment receipt in the case of prepayment by bank transfer or via PayPal. The delivery period within which the carrier will deliver the products is therefore two working days from payment receipt, unless a shorter or long period is explicitly stated in the product offer.

7 Right and consequences of revocation

Consumers are entitled to a right of revocation pursuant to Sec. 355 BGB [German Civil Code] in distance selling contracts. As a consumer, you therefore have the right to revoke your statement of intent to conclude a contract in accordance with the following instruction on the right of revocation:

Instruction on the

right of revocation

You have the right to revoke this contract within fourteen days without a statement of reasons.

The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, have taken the last product into possession.

To exercise your right of revocation, you have to inform us (Volkswagen Zentrum Fürth Pillenstein GmbH, Nürnberger Straße 147 in 90762 Fürth – Germany / phone: +49(0)911- 9702798 / fax: +49(0)911-9702767 / email: shop@pillenstein.de) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. To do so, you may but are not compelled to use the enclosed sample revocation form.

To observe the revocation period, it is sufficient if you mail the notification of the exercise of the right of revocation before expiration of the revocation period.

Consequences of revocation

If you revoke this contract, we shall return all payments to you that we have received from you, including the delivery costs (except for the additional costs incurred because you have chosen a different delivery type than the one offered by us, which is the most efficient standard delivery), without delay and at the latest within fourteen days from the day on which the notification of your revocation of this contract was received by us. We will use the same payment instrument for this repayment, as the one that you have used in the original transaction, unless explicitly agreed otherwise with you. You will never be charged any fees for this repayment. We can refuse to refund the payment until we have received the return of the products or until you have provided prove that you have returned the products, whichever is the earlier date.

You shall return the products to us by shipment or handover in person without delay, whereas in any case, at the latest within fourteen days from the day on which you have informed us of the revocation of this contract. The period will be deemed observed if you ship the products before expiration of the fourteen-day period. You shall bear the direct costs for the return shipment of the products. The costs will be estimated at a maximum of about EUR 50,00 if the products cannot be returned by regular postal delivery due to their properties. You are required to pay for any loss of value of the products only if this loss of value is due to a handling of the products that is not necessary for the check of their condition, properties and mode of functioning.

Early expiration of the right of revocation

The right of revocation will expire early pursuant to Sec. 312g (2), no. 4 BGB for contracts on the delivery of goods if by their nature they have been inseparably mixed with other goods after delivery.

The right of revocation will expire early pursuant to Sec. 312g (2), no. 6 BGB for contracts on the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

8. Reservation of title

VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH reserves the title on the sold objects up until the full payment of the purchase price.

9. Rights in the event of defects (warranty)

9.1
Customers are entitled to the statutory warranty rights for product purchases. Customers have the right to claim warranty rights in the event of defects of a (purchased) object in accordance with the statutory provisions on warranty.

9.2
Obvious defects are to be notified by Businesses to the contacts with the details above within a period of two weeks from the receipt of the goods by; otherwise, the warranty claim will be excluded. For observation of the period, timely mailing of the notification of defect is sufficient.

10. Online dispute resolution / alternative dispute resolution

10.1
In accordance with Regulation (EC) No 524/2013, the European Commission, via its interactive website, which is available for electronic access in all official languages of the institutions of the European Union, provides a European platform for the resolution of disputes between consumers residing in the European Union and businesses with domicile in the European Union, which arise from the online sale of goods or online performance of services (so-called OS Platform / URL: http://ec.europa.eu/consumers/odr/).

To lodge a complaint on this so-called OS Platform, consumers have to complete an electronic complaint form. The specific information that must necessarily be provided for lodging a complaint is listed in the Annex to Regulation (EC) No 524/2013.

10.2
VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH is not obligated
to participate in dispute resolution procedures before a consumer mediation office according to the German Consumer Dispute Resolution Act (VSBG).

11. Final provisions

If the Customer is an Business, a legal entity of public law or a public-law investment fund, the exclusive place of jurisdiction for all disputes arising from this contract is the place of the registered office of VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH. The same applies if the Customer is a Business and does not have a general place of jurisdiction within Germany or if the place of residence or habitual abode is unknown on the date of filing the claim in court. The authorisation of VOLKSWAGEN ZENTRUM FÜRTH PILLENSTEIN GMBH to also appeal to a court at a different statutory place of jurisdiction remains unaffected by this.

Volkswagen Zentrum Fürth Pillenstein GmbH Management
Board: Bernd Pillenstein, Leopold Pillenstein

Nürnberger Straße 147
90762 Fürth / Germany

Phone: +49(0)911 – 9702 6
Fax: +49(0)911 – 9702 703

E-mail: info@pillenstein.de
Commercial register: Local Court of Fürth (HRB 8692)
VAT ID No.: DE132753689

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Annex: Sample Revocation Form

Sample Revocation Form
pursuant to Annex 2 to Art. 246a, Sec. 1 (2) sent. 1, no. 1 and Sec. 2 (2) no. 2 EGBGB [Introductory Act to the German Civil Code]

Sample Revocation Form
(If you wish to revoke the contract, please fill out this form and return it to us.)

– To: Volkswagen Zentrum Fürth Pillenstein GmbH, Nürnberger Straße 147 in 90762 Fürth – Germany / Fax: +49(0)911-9702767 / email: shop@pillenstein.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for notification on paper)

– Date

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(*) strike if inapplicable