GTC

General Terms and Conditions (GTC)
Status: 20.05.2023

§ 1
Scope of application & defence clause

(1) The following General Terms and Conditions in the respective version at the time of the order shall apply exclusively to the legal relationships established via this Internet portal between the operator Skopart, Frank Heinze, (hereinafter "supplier") and its customers.

(2) Deviating general terms and conditions of the customer are rejected. These only become effective if they are expressly confirmed in writing by the supplier.

(3) Contractual languages are German, English and Czech.

§ 2
Conclusion of the contract

(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely requested to make an offer by placing an order.

(2) By sending the order in the Internet shop, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the order. By sending the order, the customer also recognises these terms and conditions as solely authoritative for the legal relationship with the supplier.

 

(3) The supplier confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.

 

§ 3

Costs of return shipment when exercising the right of revocation

 

If the customer exercises his right of revocation, he shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods.

 

§ 4

Right of revocation for consumers within the meaning of § 13 BGB (German Civil Code)

 

Cancellation policy:

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

 

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

 

 

SKOPART

Frank Heinze

Am Kietzer Feld 6

D-12557 Berlin

 

or

 

skopart@web.de

 

by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

 

Consequences of the revocation

 

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

 

You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.

 

 

End of the cancellation policy

 

§ 5

Prices and special offers for a limited period

 

All prices quoted are inclusive of VAT.

They do not include packaging and shipping costs (see § 6).

 

Special offers may be limited in time and quantity. Details can be found in the respective product description.

 

§ 6

Packaging and shipping costs

 

Unless otherwise stated, the price for packaging and shipping is calculated separately according to weight.

 

§ 7

Retention of title

 

The delivered goods remain the property of the supplier until full payment has been received.

 

§ 8

Payment

 

Payment shall be made by advance bank transfer, cash on delivery or cash on delivery.

Orders with the payment method " pre-payment " will be cancelled after 14 days without payment being made.

 

§ 9

Maturity

 

Payment of the purchase price is due upon conclusion of the contract.

 

§ 10

Warranty

 

(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 7 of these GTC applies to the customer's claims for damages against the supplier.

 

(2) The limitation period for warranty claims of the customer is 2 years for consumers in the case of newly manufactured goods, and 1 year for used goods or exchange parts (in short: AT). For entrepreneurs, the limitation period is 1 year for newly manufactured items and 6 months for used items or replacement parts. The above reduction of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The above reduction of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

 

(3) A guarantee is not assumed by the provider.

 

§ 11
Exclusion of liability

(1) Claims for damages by the customer are excluded unless otherwise stipulated below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.

(2) Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.

§ 12
Right of return

All goods that have been manufactured or modified according to special customer requirements cannot be returned.

§ 13
Transport damage

If transport damage is found on the goods, the customer must immediately report the damage to the shipping service. Other damage recognisable as transport damage must be reported to Skopart in writing within 7 days of receipt of the goods. Skopart shall not be liable for defects which have arisen as a result of incorrect handling, normal wear and tear or through external influence. In the event of repairs to the goods carried out by the customer or by third parties without written consent, the warranty claim shall lapse.

§ 14
Exchange parts

Replacement parts shall only be supplied against the return delivery (at the same time or in advance) of the part to be replaced. This return delivery is mandatory and subject matter of the contract. The following conditions must be fulfilled: the returned parts must contain all components of the original delivery and must not show any damage which makes remanufacturing impossible ( e.g. heating and cooling networks must not be rusted or deformed, cylinder heads and engine blocks must not be cracked and crankshafts must not be grindable ).

§ 15
Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the supplier is excluded unless the supplier agrees in writing. This also applies to warranty claims.

The supplier is only obliged to consent if the customer proves a justified interest in the assignment or pledge.

§ 16
Offsetting

The customer has a right of set-off only if his claim for set-off has been legally established or is undisputed.

§ 17
Choice of law & place of jurisdiction

(1) The contractual relations between the supplier and the customer are governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office in Berlin, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 18
 Storage of the contract text


 The contract text (with article description) is stored by the supplier. The customer has access to his (completed, open, cancelled and dispatched) orders via a user account created by the customer in the online shop. The
contract text is also communicated to the customer in text form in the order confirmation via e-mail, so that it can be called up and saved in the appropriate form.

Return of used oil

In accordance with the Waste Oil Ordinance, we are obliged to take back brake fluid as well as the following used oils free of charge: - combustion engine oils - transmission oils - oil filters and oil-containing waste regularly produced during oil changes You can return the waste oil to us in the quantity corresponding to the quantity purchased from us.

The place of return is our point of sale / warehouse:

Fa. SKOPART, Frank Heinze / 4th floor

Segelfliegerdamm 89

D-12487 Berlin

You can return the oils there at any time during our opening hours. Alternatively, you can send us the used oil - if you pay the shipping costs.

Please note that special transport conditions may apply to used oil.

If you are a commercial end user, please note that we may use third parties to fulfil our acceptance obligations towards you.