Terms and Conditions

Table of Contents of the General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (AKF Fahrzeugteile GmbH) via the website www.akf-shop.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions that may be used is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we provide you with a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal information as well as payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or input of your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order with payment obligation," "pay" / "pay now" or similar designation), you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partially automated. You must therefore ensure that the e-mail address you provide to us is correct, that the receipt of the e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," the payment processing will be carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as in the online order process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to this, you will be specifically informed. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie"
If you select a payment method offered via "Mollie," the payment processing will be carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" will be displayed to you under a correspondingly labeled button on our website as well as in the online order process. "Mollie" may use other payment services for payment processing; if special payment conditions apply to this, you will be specifically informed. Further information about "Mollie" can be found at https://www.mollie.com/de.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the full payment of the purchase price.

§ 5 Warranty

(1) Statutory warranty rights exist.

(2) If you are informed by us prior to the submission of the contract declaration and this is expressly and separately agreed upon, warranty claims are excluded for used goods if the defect becomes apparent after one year from the delivery of the goods. If the defect becomes apparent within one year from the delivery of the goods, warranty claims can be asserted within the statutory limitation period of two years from the delivery of the goods. The above limitation does not apply:
- for damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed upon if you were informed of it by us before submitting the contract declaration and the deviation was expressly and separately agreed upon between the contracting parties.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).

(2) The place of performance for all services from the business relations with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time the action is brought. The authority to also appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

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Dresdener Str. 70A
02625 Bautzen
Germany
Phone: 035912708770
Email: info@a-k-f.de

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

We are willing but not obligated to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured using the print function of the browser. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or electronically secure.

4. Codes of Conduct

4.1.  We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at:https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegelzertifizierungskriterien.pdf 

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs may be incurred that we are not responsible for, such as duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

6.4. Any costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery Terms

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

8. Statutory Warranty Rights

The warranty is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These Terms and Conditions and Customer Information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.

Last updated: 29.11.2022