General terms & conditions

www.lkw-teile-truckmotive.de


Welcome to Truckmotive!

 

Paragraph 1: Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) regulate the sale of products and services by Truckmotive GmbH (hereinafter referred to as the supplier) to you, in the version valid at the time of ordering.

(2) Any deviating general terms and conditions of the customer shall be rejected.

(3) Please read these conditions carefully before placing an order with Truckmotive GmbH. By placing an order with Truckmotive GmbH, you agree to the application of these GTC to your order.

(4) On Truckmotive we offer you the sale of the following products:

Spare parts for motor vehicles, accessories and tools

(5) On Truckmotive we offer you the following services:

Consultation

 

Paragraph 2: Conclusion of the contract

(1) Contracts on this portal can only be concluded in the German language.

(2) The offers are directed exclusively to customers with an invoice and delivery address in all countries of the European Union.

In the case of individual bulky items, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.

(3) The customer must be at least 18 years of age.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By the presentation of the goods the customer is only requested to make an offer.

(5) Your order represents an offer to Truckmotive to conclude a sales contract. The customer submits a binding offer when he has gone through the online ordering process, entering the information required there, and clicks on the “Confirm order” button in the last order step.

(6) The sales contract between the offerer and the orderer comes off only by a declaration of acceptance of the offerer. This takes place on the earlier of the two dates, either dispatch of the goods or dispatch of a dispatch confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This refers both to the number of products ordered as part of one order and to the placing of several orders for the same product for which the individual orders include a normal household quantity.

(8) Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.

(9) Access to the Truckmotive Service requires registration.

(10) By registering, the customer acknowledges these GTC. Registration creates a contractual relationship between Truckmotive and the registered customer which is governed by the provisions of these GTC.

(11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.

(12) By ordering a chargeable service, the registered customer enters into a further contractual relationship with Truckmotive that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment prior to the conclusion of this contractual relationship. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the “Confirm order” button.

(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail. We will inform you for each delivery and service whether an Electronic Invoice is available. For more information about electronic invoices, please visit our website.

 

Paragraph 3: Description of the scope of services

The scope of services of Truckmotive consists of the following services:

Information about the work of Truckmotive and its employees as well as the range of services on offer.

Paragraph 4: Prices and shipping costs

(1) Our prices include the applicable statutory value-added tax and do not include a flat-rate shipping charge or a surcharge for shipping costs. The forwarding expenses surcharges vary depending upon delivery type and article condition.

(2) Despite our best efforts, a small number of products in our catalogue may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we quoted, we will charge the lower amount and send the product to you.

(3) The prices at the time of the order apply. If list prices are available, the prices will be the list prices valid at the time of order.

(4) In order to use Truckmotive, registration is required first.

(5) In order to purchase the services of the website, the user must register and create a user account.

(6) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeability. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.

(7) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scope of services.

 

Paragraph 5: Delivery and Cancellation

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. The website contains information on the availability of products sold by Truckmotive (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only approximate. They do not represent binding or guaranteed dispatch or delivery dates, unless this is expressly referred to as a binding date in the dispatch options for the respective product.

(2) If Truckmotive determines during the processing of your order that products ordered by you are not available, it will inform you separately by e-mail or by message in your customer account. The statutory claims of the customer remain unaffected.

(3) If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address provided by him, although the delivery date was announced to the customer with a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.

(4) The delivery takes place depending upon mode of payment of the customer. In the case of advance payment, delivery shall take place after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, immediate bank transfer or invoice, delivery shall take place after conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate contract of sale will be concluded between us for the products listed in the shipping confirmation for each shipping confirmation. The contractual partner is Truckmotive GmbH. Regardless of your right of revocation, you may cancel your order for a product at any time free of charge before sending the corresponding shipping confirmation.

(6) This right to cancel does not apply to certain product groups and services, including digital content or software, which are not supplied on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.

 

Paragraph 6: terms of payment

(1) Any payment due must be made in advance to Truckmotive without deduction at the time of maturity.

(2) The customer may pay for the goods or services by the following methods of payment:

– Paypal

– credit card

– Direct debit:

In the event of a return debit note for which the customer is responsible, Truckmotive GmbH shall charge a flat-rate compensation fee of 0 € (zero Euro). The customer can prove that no damage has been caused at all or that it is considerably lower than the flat rate. The above provisions shall apply mutatis mutandis to payments of the purchase price of goods sold by third parties.

– Sofortüberweisung

– On account

Payment on account is only possible for consumers 18 years and older. The delivery address, the house address and the billing address must be identical and located in the following countries:

Countries of the European Union

Payment on account is not possible for services that are transmitted online (e.g. software for downloading) or for the purchase of gift cards. The invoice amount is due upon receipt of the invoice. Truckmotive GmbH reserves the right not to offer certain payment methods in individual cases.

In the case of payment on account, a one-off fee of 0 € (zero Euro) including the applicable value added tax per delivery will be charged plus any shipping costs incurred for the complete shipment. The customer will always be informed separately before conclusion of the contract whether this fee is due.

If the invoice amount is not paid on the due date for reasons for which the customer is responsible, Truckmotive GmbH shall charge a lump sum of €100 (one hundred euros) for damages. The customer can prove that no damage has been caused at all or that it is considerably lower than the lump sum.

Truckmotive checks and evaluates the data provided by the customer in the case of payment on account and in other cases where there is a justified reason to do so.

– Prepayment

– cash on delivery

The cash on delivery fee is 6 €(six Euro).

(3) Certain payment methods can be excluded by the provider in individual cases.

(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.

(5) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.

(6) If the supplier offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the supplier’s account within five calendar days of receipt of the order. The Supplier reserves the goods accordingly for five calendar days.

(7) If the provider offers payment by credit card and the customer chooses this method of payment, the customer expressly authorizes the provider to collect the amounts due.

(8) If the Provider offers payment by direct debit and the Customer chooses this method of payment, the Customer shall grant the Provider a SEPA basic mandate. If the payment by direct debit should lead to a reversal of a payment transaction due to lack of account coverage or due to incorrectly transmitted data of the bank account, the customer has to bear the costs for this.

(9) If the provider offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.

(10) Should the customer be in arrears with payment, the provider reserves the right to claim damages for delay.

Paragraph 7: Registration and termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has not been previously convicted of an intentional criminal offence that endangers the safety of third parties, in particular not of an offence against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.

(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.

(3) A user is, subject to reservation, entitled at any time to unsubscribe in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thus terminated.

(4) If a user has registered for a paid service, he can cancel the contract before the booking period at the latest. If this deadline is not met, the chargeable service will be extended by the selected booking period and the cancellation will only take effect at the end of the subsequent booking period. Termination is possible by telephone, e-mail or letter and will be confirmed by us in writing. The complete name, the deposited e-mail address and the address of the customer are to be indicated so that your notice of cancellation can be assigned. In the case of a cancellation by telephone, the individual telephone password is required.

(5) Truckmotive may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Truckmotive also reserves the right to remove profiles and/or any content published on the website by or from the user. If Truckmotive terminates the user’s registration and/or removes profiles or published content from the user, Truckmotive is under no obligation to inform the user of the reason for termination or removal.

(6) Following each termination of any individual use of Truckmotive’s services, Truckmotive reserves the right to send information to other registered users with whom Truckmotive assumes that they have been in contact with the user. Truckmotive’s decision to terminate the user’s registration and/or to notify other users with whom Truckmotive believes that the user has been in contact does not imply or in any case does not imply that Truckmotive makes statements about individual character, general reputation, personal characteristics or lifestyle.

(7) Users are obliged not to make any deliberate or fraudulent misrepresentations in their profile or other areas of the portal. Such information may result in civil action. Furthermore, the operator reserves the right to dissolve the existing contractual relationship with immediate effect in such a case.

(8) If a user’s access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining contractual period in the amount of the agreed fee less the saved expenses. The amount of the saved expenses shall be set at a flat rate of 10% of the fee. Both parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.

(9) After termination of the contractual relationship, all data relating to the user shall be deleted by Truckmotive.

Paragraph 8: Limitation of liability (services)

(1) Truckmotive accepts no responsibility for the content and correctness of the information in the registration and profile data of the orderers or other content generated by the orderers.

(2) With regard to the service searched for or offered, the contract is concluded exclusively between the respective purchasers involved. Truckmotive is therefore not liable for services provided by participating buyers. Accordingly, all matters relating to the relationship between the purchasers, including, without limitation, services received by a searcher or payments due to purchasers, shall be addressed directly to the respective party of the search. Truckmotive cannot be held responsible for this and hereby expressly disclaims any and all liability claims whatsoever, including claims, performance, direct or indirect damages of any kind whatsoever, knowingly or unknowingly, suspected or unsuspected, disclosed or not, of whatever nature whatsoever in connection with the aforesaid matters.

(3) Truckmotive GmbH shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Truckmotive GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Truckmotive GmbH.

(4) Truckmotive GmbH Europe shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations the fulfilment of which is essential for the proper execution of the contract and the observance of which the contracting party may regularly rely on), if they are based on an intentional or grossly negligent breach of duty by Truckmotive GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Truckmotive GmbH.

(5) Claims for damages shall be limited to the foreseeable damage typical of the contract. In the event of default, they shall amount to a maximum of 5% of the order value.

(6) Claims for damages based on injury to life, body or health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall become statute-barred at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and of the debtor’s person or should have become so without gross negligence (§ 199 Para. 1 BGB).

(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and the law and, if necessary, to delete them in whole or in part.

Paragraph 9: Set-off and right of retention

(1) The customer only has the right to offset if the counterclaim of the customer has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

Paragraph 10: retention of title

Truckmotive GmbH retains title to the goods until full payment has been received.

Paragraph 11: transport damages

(1) Should the customer receive the goods with obvious transport damages, the supplier demands that he complain about these as soon as possible.

(2) If the customer misses the complaint, this has no consequences on the legal warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.

Paragraph 12: defect right

(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to their 30-day return guarantee, buyers in the European Union have warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on Truckmotive if these prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.

(2) In the case of used goods, the warranty period may be less than two years.

(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period is one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted in respect of compensation for damage to body and health or in respect of intent or gross negligence.

Paragraph 13: Limitation of liability (products)

(1) The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty, or one of the Provider’s legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.

(3) The provider is liable for violations of essential contractual obligations based on contract-typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation shall not apply to claims for damages by the Customer based on injury to life, limb or health.

(4) The provisions of the Product Liability Act shall remain unaffected.

(5) Insofar as Truckmotive’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

Paragraph 14: revocation instruction

(1) If the purchaser is a consumer, he has a right of revocation in accordance with the following provisions:

(2) Right of revocation

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

The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods (or the last goods, part consignment or item in the case of a contract for several goods of a single order or the delivery of goods in several part consignments or items) or from the day of the conclusion of the contract in the case of digital content which is not delivered on a physical data carrier (e.g. CDs or DVDs) without giving reasons to revoke.

The revocation period for services is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us:

Truckmotive GmbH

Welschenkamp 18

47138 Duisburg

Germany (German)

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period and to have returned the goods via our online return centre within the period defined below.

For additional information regarding range, content and exercise please contact our customer service.

(3) Consequences of revocation

If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than 14 days from the date we receive notice of your revocation of this Agreement. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.

We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You shall return the Goods immediately and in any event no later than 14 days from the date on which you notify us of the revocation of this Agreement to

Truckmotive GmbH

Welschenkamp 18

47138 Duisburg

Germany (German)

to send it back or hand it over. The deadline is met if you send the goods before the expiry of the 14-day deadline. You shall bear the direct costs of returning the goods.

(4) Exceptions to the right of revocation

They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.

The right of revocation does not exist or expires in the case of the following contracts:

– for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and the sealing of which was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;

– for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;

– the delivery of goods made to customer specifications or clearly tailored to personal needs

– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;

– in the case of services, if Truckmotive has provided these in full and you have acknowledged and expressly agreed prior to placing the order that we can begin to provide the service and that you lose your right of withdrawal if the contract is fulfilled in full;

Paragraph 15: Exclusion of the right of revocation

(1) The right of revocation does not exist for contracts

– the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer;

– the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly;

(2) The right of withdrawal expires prematurely for contracts

– for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;

– for the delivery of goods if, after delivery, these have been inseparably mixed with other goods due to their nature;

– for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Paragraph 16: data protection

(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can be subject to security gaps. Accordingly, error-free and trouble-free protection of the data of third parties cannot be completely guaranteed. Our liability in this respect is excluded.

(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.

(4) You have the right at any time to receive complete and free information from Truckmotive about the data concerning you.

(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate data protection declaration.

 

 

Paragraph 17: Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the Internet browser of the page visitor.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by its unique cookie ID.

(3) The use of cookies can provide users of this website with more user-friendly services, which would not be possible without the setting of cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, usually session cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies by using a banner which you can object to/accept.

(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

Paragraph 18: Place of jurisdiction and applicable law

(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the provider.

Paragraph 19: final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use truck motifs with the cooperation of a parent or legal guardian.

(3) If you violate these GTC and we do nothing against this, we are further entitled to exercise our rights on any other occasion in which you violate these GTC.

(4) We reserve the right to make changes to our website, rules, conditions including these Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, the terms of contract and the terms and conditions in force at the time of your order, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of any provision shall not affect the validity of any other provision of this Agreement. If this should occur, the provision shall be replaced by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.