Terms and conditions
Terms and Conditions including customer information
Table of Contents
1. Scope of application
2. Conclusion of the contract
3. Revocation
4. Prices and conditions of payment
5. Conditions of dispatch and delivery
6. Reservation of proprietary rights
7. Warranty for defects
8. Applicable law
1. Scope of application
1a. These terms and conditions (subsequently “T&C”) of Bertelsbeck Automotive GmbH & Co. KG
(subsequently “seller”) apply for all contracts consumers or merchants (subsequently
“customers”) close with the seller referring to the goods and/or services presented in the seller’s
online shop. Hereby the seller explicitly rejects particular customer-related
conditions unless agreed differently.
1b. A consumer as defined by these T&C is every natural person closing a transaction for
purposes that cannot be predominantly attributed to his or her industrial or self-employed
professional activities. A merchant as defined by these T&C is every natural or legal person or
business partnership with legal capacity performing their self-employed
professional or industrial activities when closing a transaction.
2. Conclusion of the contract
2a. The product descriptions in the online shop or catalogue do not represent binding offers by
the seller, but serve only for the purpose of allowing the customer to place a binding bid.
2b. The customer can place his/her bid through the order form integrated in the seller’s online
shop. After forwarding chosen goods and/or services into the virtual shopping cart and passing
through the electronic ordering process, the customer submits a legally binding offer of contract
with reference to the goods and/or services in the shopping cart by clicking the button that
closes the ordering process. Moreover the customer can submit his bid to the seller by phone,
fax, e-mail or post.
2c. The seller can accept the customer’s offer within five days
● by forwarding a written confirmation of the order or confirmation of the order as a
simple text without signature (fax or e-mail)
to the customer; the contract will be
concluded as soon as the customer will receive a confirmation of the order or
● by delivering the ordered goods to the customer; the contract will be concluded as soon
as the customer will receive the goods or
● by demanding payment from the customer after the placement of the order.
In case of several of the alternatives above the contract will be concluded as soon as one of
the alternatives above occurs. If the seller does not accept the customer’s bid within the
mentioned deadline, the bid will explicitly be rejected, and the customer will not be bound
by his declaration of intent any more.
2d. The period of time to accept the bid starts the day after the placement of the bid by the
customer and ends the fifth day following the placement of the bid.
2e. When placing a bid through the online order form of the seller, the text of the contract is
saved by the seller and forwarded to the customer after the placement of the order, including
the T&C at hand, as a simple text without signature (e.g. fax, email
or letter). Furthermore
the text of the contract is archived on the seller’s website and can be accessed by the
customer free of charge via his password-protected
customer account after using the
appropriate login data if the customer created an account in the seller’s online shop before
placing his or her order.
2f. Before a binding placement of the order via the seller’s online order form, the customer
can correct his entries permanently with the usual keyboard and mouse functions. Apart
from that all entries will be highlighted once again in a confirmation window before the
binding placement of the order and can be corrected there as well with the customer making
use of the usual keyboard and mouse functions.
2g. For the conclusion of the contract German language is available only.
2h. The order handling and contacting generally occur via e-mail
and automatized order
handling. The customer has to ensure that the e-mail
address specified in the order handling
is correct so that e-mails
sent by the seller can be received. If spam filters are applicable the
customer particularly has to ensure that all e-mails
sent by the seller or a third party
instructed with the order handling can be forwarded.
3. Revocation
3a. In general consumers are entitled to revocation. Please find more detailed information
about revocation in the seller’s instruction of revocation.
4. Prices and conditions of payment
4a. If not stated differently in the seller’s offer, the prices mentioned include VAT. If
applicable, additional dispatch and delivery costs are declared separately in the particular
description of the product.
4b. Deliveries to countries outside the European Union can sometimes involve further costs
the seller cannot be held responsible for and must be paid by the customer. Among these are
for example the costs for money transfer via credit institutions (e.g. transaction-related
or exchange rate-related fees) or import-related tolls respectively taxes (e.g. customs).
4c. Different methods of payment in the seller’s online shop are available to the customer.
4d. In case of prepayment, payment is due straight after the conclusion of the contract.
5. Conditions of dispatch and delivery
5a. The delivery of goods will be carried out on dispatch to the address specified by the
customer if not agreed otherwise. The delivery address specified in the order handling of the
seller during the transaction is relevant.
5b. If the carrier returns the dispatched goods to the seller because a delivery was not
possible, the customer bears the charges for the unsuccessful dispatch. This does not apply if
the customer cannot be held responsible for the condition leading to the impossibility of
delivery or if he or she was temporarily prevented from the acceptance of the offered service
unless the seller had announced the service to the customer some reasonable time prior.
5c. In case of local pick up, the seller informs the customer via e-mail
about the ordered goods being ready to be picked up. After receiving this e-mail,
the customer can pick up the goods according to a prior agreement with the seller at the seller’s place of business. In this case no dispatch costs are applicable.
6. Reservation of proprietary rights
6a. In case of the seller’s prior performance he reserves his proprietary rights of the
delivered goods until the payment of the purchase price due will be completed.
7. Warranty for defects
7a. The statutory warranty for defects is applicable.
8. Applicable law
8a. By using any Bertelsbeck Automotive services you agree that the law of the Federal
Republic of Germany without regard to principles of conflict of laws concerning the
international purchase of movable objects will govern these T&C. For consumers this
choice of law is applicable only if the protection provided by compulsory regulations of the
state of the consumer’s main residence will not be denied.
8b. If the customer is a merchant, legal entity under public law or public law special funds
located within the territory of the Federal Republic of Germany, the exclusive legal venue
for any disputes deriving from this contract is the seller’s location. If a customer is located
outside the territory of the Federal Republic of Germany, the seller’s location will be the
exclusive legal venue for any disputes deriving from this contract if the contract itself or
claims deriving from the contract can be assigned to the customer’s professional or
commercial activity. In the specified cases, however, the seller will always be entitled to
take recourse to the court of jurisdiction for the customer.
End of Terms and Conditions for consumers.
9. Dispute resolution for consumers
Mandatory information according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council:
The european commision offers a platform for dispute resolution for consumers. Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ - further information is available if you follow the link. The participation in this dispute resolution for consumers is not mandatory nor are we willing to participate.