GTC - www.texerv.com

General Terms and Conditions with Customer Information

1- Scope of application
2- Conclusion of contract
3- Right of cancellation
4- Prices and terms of payment
5- Terms of delivery and dispatch
6- Reservation of title
7- Liability for defects (warranty)
8- Liability
9- Special conditions for repair services
10- Applicable law
11- Alternative dispute resolution

1) 1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of the company Tim Schroeder,
acting under ‘Kraftfahrzeugteile Tim Schroeder’ (hereinafter referred to as ‘Seller’), shall apply to
all contracts for the delivery of goods, which a consumer or entrepreneur
(hereinafter referred to as ‘Customer’) concludes with the Seller with regard to the goods
online shop presented by the seller. The inclusion of the customer’s own terms and
conditions of the customer, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction
for a purpose that can be attributed to neither their commercial nor their independent professional
professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural person or legal entity or
a partnership with legal capacity which, when entering into a legal transaction
exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute
not constitute binding offers on the part of the seller, but serve to submit a
a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop.
online order form integrated in the seller’s online shop. In doing so, the customer, after placing the selected
placed the selected goods in the virtual shopping basket and completed the electronic the order process by clicking the button that concludes the order process, a legally
legally binding contract offer in relation to the goods contained in the shopping basket.
goods contained in the shopping basket.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the customer a written order confirmation or an order
order confirmation in text form (fax or e-mail), whereby the receipt of the order
receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods
receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the
the point in time at which one of the aforementioned alternatives occurs first. The period
for accepting the offer begins on the day after the offer is sent by the
the customer and ends at the end of the fifth day following the dispatch of the offer.
day following the dispatch of the offer. If the seller does not accept the customer’s offer within
the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the
the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller’s online order form, the contract text will be
text of the contract is saved by the seller after the contract is concluded and sent to the customer
the customer in text form (e.g. e-mail, fax or letter) after the order has been sent.
transmitted. The seller will not make the text of the contract available beyond this.
by the seller.

2.5 Before placing a binding order via the Seller’s online order form, the
order form, the customer can recognise possible input errors by carefully reading the information
information displayed on the screen. An effective technical means
for better recognition of input errors can be the magnification function of the
function of the browser, which enlarges the display on the screen. His
During the electronic ordering process, the customer can correct their entries using the
the usual keyboard and mouse functions until he clicks the button that finalises the order process,
which finalises the order process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and contact are usually carried out by e-mail and automated order processing.
automated order processing. The customer must ensure that the e-mail address
e-mail address provided for order processing is correct, so that the e-mails sent by the seller
address so that the e-mails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by
e-mails sent by the seller or third parties commissioned by the seller to process the order
e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the cancellation policy
of the seller.

3.3 The right of cancellation does not apply to consumers who, at the time of
of the contract do not belong to a member state of the European Union and whose
and whose sole place of residence and delivery address at the time of conclusion of the contract are
the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description
the prices quoted are total prices that include the statutory value added tax.
VAT included. Any additional delivery and shipping costs
shipping costs are indicated separately in the respective product description

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases
costs for which the seller is not responsible and which are to be borne by the customer.
are to be borne by the customer. These include, for example, costs for the transfer of money by
credit institutions (e.g. transfer fees, exchange rate fees) or
import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to
costs may also be incurred in relation to the money transfer if the delivery is not made to a country
outside the European Union, but the customer makes the payment from a country outside the
from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after
conclusion of the contract, unless the parties have agreed a later due date.
have agreed a later due date.

5) Delivery and dispatch conditions

5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area
the delivery area specified by the Seller to the delivery address specified by the
delivery address, unless otherwise agreed. When processing the transaction
the delivery address specified in the seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall
the customer shall bear the reasonable costs incurred by the seller as a result. This
does not apply with regard to the costs for the return shipment if the customer
right of cancellation. For the return costs, if the customer effectively exercises
of the right of cancellation by the customer, the provision made in the seller’s cancellation
in the seller’s cancellation policy.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental
accidental deterioration of the goods sold shall pass to the customer as soon as the
the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for the
person or organisation responsible for carrying out the shipment. If the customer acts as a
consumer, the risk of accidental loss and accidental deterioration of the
deterioration of the goods sold shall not pass until the goods are handed over to the customer
customer or a person authorised to receive the goods. Notwithstanding the above, the
risk of accidental loss and accidental deterioration of the goods sold shall pass to the
goods is transferred to the customer as soon as the seller hands over the goods to the
the goods to the forwarding agent, the carrier or the person or organisation otherwise
person or organisation designated to carry out the shipment, if the customer has informed the forwarding agent
carrier or the person or organisation otherwise designated to carry out the shipment and the
the dispatch and the seller has not previously named this person or institution to the customer.
person or organisation beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper
correct or improper self-delivery. This shall only apply in the
case that the seller is not responsible for the non-delivery and the seller has
diligence to conclude a specific covering transaction with the supplier.
with the supplier. The seller shall make every reasonable effort to procure the goods.
procure the goods. In the event of non-availability or only partial availability of the goods, the
the goods, the customer shall be informed immediately and the consideration
refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until full payment of the
the purchase price owed, he shall retain title to the delivered goods.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of the statutory
provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for
delivery of goods:

7.1 If the customer acts as an entrepreneur

the seller has the choice of the type of subsequent fulfilment;
In the case of new goods, the limitation period for defects is one year from delivery of the goods; or
goods;
in the case of used goods, the rights and claims due to defects are
are excluded;
the limitation period shall not recommence if a replacement delivery is made within the scope of
replacement delivery is made.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used
goods with the restriction of the following clause: The limitation period for
claims for defects shall be one year from delivery of the goods if this has been
parties have expressly and separately agreed this in the contract and the customer has
of the shortening of the limitation period before submitting his contractual declaration.
was informed of the shortening of the limitation period.

7.3 The aforementioned limitations of liability and shortening of time limits shall not apply to
not

to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal
and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products
updates for digital products, in the case of contracts for the delivery of goods with digital
digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of
any existing statutory right of recourse shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he shall be subject to the commercial
obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to fulfil the
regulated there, the goods shall be deemed approved.

7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with
obvious transport damage to the deliverer and to inform the seller of this.
of this. If the customer fails to do so, this shall have no effect
This has no effect on his legal or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and
statutory and tortious claims for damages and reimbursement of expenses as follows
as follows:

8.1 The Seller shall be liable without limitation for any legal reason

in the event of wilful intent or gross negligence,
intentional or negligent injury to life, limb or health, in the event of
health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to
limited to the foreseeable damage typical of the contract, unless unlimited liability is
unlimited liability in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to fulfil the
purpose of the contract, the fulfilment of which is essential for the proper performance of the
contract in the first place and on the fulfilment of which the customer
may regularly rely on.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the
Seller for its vicarious agents and legal representatives.

9) Special conditions for repair services

If, according to the content of the contract, the seller is obliged to repair an item belonging to the
customer, the following shall apply:

9.1 Repair services shall be provided at the seller’s registered office.

9.2 The Seller shall provide its services at its own discretion either in person or
by qualified personnel selected by him. In doing so, the Seller may also
services of third parties (subcontractors) who work on his behalf.
Unless otherwise stated in the seller’s service description, the customer has no right to
customer is not entitled to the selection of a specific person to carry out the
desired service.

9.3 The Customer shall provide the Seller with all information necessary for the repair of the
information required for the repair of the item, insofar as its procurement does not fall
contract does not fall within the scope of the Seller’s obligations. In particular, the customer shall
provide the seller with a comprehensive description of the defect and inform him of all
circumstances that may be the cause of the defect found.

9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s
costs and risk to the Seller’s registered office. The seller recommends
the customer to take out transport insurance for this purpose. Furthermore, the
the customer to ship the item in suitable transport packaging in order to minimise
to reduce the risk of transport damage and to conceal the contents of the packaging.
conceal the contents of the packaging. The seller shall inform the customer of any obvious transport damage
inform the customer immediately of any obvious transport damage so that the customer can
rights against the carrier.

9.5 The goods shall be returned at the customer’s expense. The risk of
accidental loss and accidental deterioration of the goods shall pass to the customer upon
handover of the goods to a suitable carrier at the seller’s place of business.
seller to the customer. At the customer’s request, the seller shall take out transport
the item with transport insurance.

9.6 The customer may also bring the item to be repaired to the seller’s place of business himself and
and collect it from the seller’s premises if this is stated in the seller’s
the seller’s service description or if the parties have reached an agreement to this effect.
have reached a corresponding agreement. In this case, the above provisions on the bearing of costs and risks for the dispatch and return of the item shall apply accordingly.
shall apply accordingly.

9.7 The aforementioned provisions do not limit the customer’s statutory rights in the event of
customer in the event of the purchase of goods from the seller.

9.8 The Seller shall be liable for defects in the repair work performed in accordance with the
the provisions of the statutory liability for defects.

10) Applicable law

10.1 All legal relationships between the parties shall be governed by the law of the Federal Rebublic of
Germany to the exclusion of the laws on the international sale of movable goods.
goods. In the case of consumers, this choice of law shall only apply insofar as the protection
protection granted by mandatory provisions of the law of the country in which the consumer
consumer has his habitual residence.

10.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply
consumers who, at the time of conclusion of the contract, do not belong to a member state of the
European Union and whose sole place of residence and delivery address are outside the
outside the European Union at the time the contract is concluded.

11) Alternative dispute resolution

11.1 The EU Commission provides an online dispute resolution platform at the following link
online dispute resolution: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising
arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a
consumer arbitration board, nor is it willing to do so.