Conditions
Terms and Conditions
G&G Ersatzteile KG
Scope of Applicability
The following Terms and Conditions (also T&C) apply to all purchase orders in our online shop. The online shop only addresses businesses.
Along with the assessment of your status as a business within the purchasing process, we are further entitled to demand a proof of your business status by providing us the relevant documents, e.g. excerpt from the Trade Registry or business registration.
These T&C also apply for future business relationships without an obligation on our part to inform you about this again. We object to the use of conflicting or additional Terms by our contractual partner; such Terms may only become part of the Contract if we explicitly agreed to this.
Your Contractual Partner, Conclusion of Contract
Your contractual partner is
G&G Ersatzteile KG
(„provider“or „we/us“)
The presentation of the products at https://www.mosmatic-spareparts.eu/ does not constitute a legally binding offer, but a non-binding online catalogue.
You may place our products in a non-binding way in the “shopping cart” and access / correct your information by using the correction tools provided during the purchasing process.
By clicking on the purchase button, you complete the ordering process and declare your legally binding offer.
The confirmation of your order will be sent to you via email immediately upon placing the order. This confirmation does not constitute a binding declaration of acceptance.
We may accept your order bindingly by sending you our declaration of acceptance in a separate email or by shipping the product within two days.
The specific time a binding contract comes into force depends on the payment method you choose. In particular:
Prepayment
We accept your purchase by sending you a separate acceptance email within two days upon purchase, in which we will provide you with our bank account information.
Credit Card
By completing the purchase, you are also sending us your credit card information. Upon confirming your status as the legitimate credit card holder, we will request the credit card company to initiate the transaction and by doing so, we will accept your purchase offer.
PayPal
You will be redirected to PayPal’s website upon submitting the purchase. There, you can provide your payment information and confirm the transaction. By doing this, the contract comes into force.
PayPal Exress
By clicking on “pay via PayPal” or “directly to PayPal”, you will be redirected to PayPal before you have completed the purchase process in our online shop. You may then select the delivery address and payment method, submitted to PayPal and confirm the transaction. After this, you will be redirected to our online shop to complete the purchase. After conclusion of purchase, we will request execution of the transaction from PayPal. By doing this, we accept your purchase offer.
Amazon Payments
By clicking on “pay via Amazon”, you will be redirected to PayPal before you have completed the purchase process in our online shop. You may then select the delivery address and payment method, submitted to Amazon and confirm the transaction. After this, you will be redirected to our online shop to complete the purchase. After conclusion of purchase, we will request execution of the transaction from Amazon. By doing this, we accept your purchase offer.
We will save the contract’s text and send you the purchase information via email. You may access your previous purchase orders in the customer log-in area.
Conditions of delivery
Please see the list of countries we deliver to and the respective shipping costs on our website at:
https://www.gg-ersatzteile.de/info/Versand-und-Zahlungsbedingungen.html
Generally, you may collect the goods at our address: G&G Ersatzteile KG, Schwanbergweg 7, 97346 Iphofen, Germany during our working hours (9am – 6pm).
We do not offer delivery to packing stations.
We will inform you without delay in the purchase confirmation email, if the purchased product is not available because our diligently selected supplier, without being at fault, had failed to deliver it to us, despite us placing an identical order. By doing so, we shall not be obliged to deliver the product and may withdraw from contract. Any payments you made will be reimbursed to you.
Payment
The invoice amount becomes due and payable at the time of contract conclusion, unless the terms of the respective payment provider determine a later point in time. You hereby consent to the receipt of all invoices via email. The consent may be removed at any time. In case of a payment default, we reserve the right to demand payment of the statutory interest in the amount of nine percentage points above the basic rate as well as a lump sum of 40 Euros. Further claims remain unaffected.
You may use the following payment methods in our shop:
Prepayment
When you select “Prepayment”, you will receive our bank account information in an email and will deliver the product upon receipt of payment.
Credit card
By completing the purchase, you are also sending us your credit card information. Upon confirming your status as the legitimate credit card holder, we will request the credit card company to initiate the transaction. The payment transaction will be automatically executed by the credit card company and the credit card will be charged.
PayPal
You may pay the purchase price via PayPal. To do so, you generally need a registration there, you need to sign in using your access information and confirm the payment order regarding our purchase price. You will find further information within the purchasing process.
PayPal Express
By clicking on “pay via PayPal” or “directly to PayPal”, you will be redirected to PayPal before you have completed the purchase process in our online shop. You may then select the delivery address and payment method submitted to PayPal and confirm the transaction. To pay the purchase price via PayPal, you generally need a registration there. You need to sign in using your access information and confirm the payment order. You will find further information within the purchasing process. After this, you will be redirected to our online shop to complete the purchase. After conclusion of purchase, we will request execution of the transaction from PayPal. After this, the transaction will be automatically executed by PayPal.
Amazon Payments
By clicking on “pay via amazon”, you will be redirected to PayPal before you have completed the purchase process in our online shop. You may then select the delivery address and payment method, submitted to PayPal and confirm the transaction. To pay the purchase price via Amazon,you generally need a registration there. You need to sign in using your access information and confirm the payment order. You will find further information within the purchasing process. After this, you will be redirected to our online shop to complete the purchase.
Reservation of Ownership
We remain owners of the products until complete settlement of all open claims within any ongoing business relationship between you and us; you may further sell the reserved goods within the regular course of business. In this case, you assign us any and all claims arising from such sale in the amount of our invoice, regardless of whether the sold goods were processed or mixed with other products. We hereby accept the assignment. You remain entitled to collect the claims but we may also claim them in case you do not fulfil your payment obligations.
If you combine, mix or process the goods with other objects, we shall acquire ownership of the newly created product in the relation existing between the reserved goods’ value and the processed objects at the time of processing. If your goods constitute the essential part of the new product, you are obliged to transfer us partial ownership. We will release the securities provided by you upon request to the extent to which the securities’ value exceed the secured claims by more than 10 %.
Statutory Warranty and Guarantees
The statutory warranty provisions shall apply, unless otherwise agreed upon.
Used goods are sold without any warranty.
The following conditions apply for the sale of new goods:
The limitation period for warranty claims shall amount to one year upon passing of risk. The statutory limitation periods for recourse claims in accordance with Section 478 BGB remain unaffected. Our information and the product description by the manufacturer only shall serve as an agreement on quality, which forms part of the contract; we cannot be held liable for any public statements by the manufacturer or other advertising messages.
If the goods are defect, we may choose to remove the defect (repair) or deliver a new, defect free product (replacement delivery) at our discretion.
The above limitations and reductions of time periods shall not apply in the event of claims resulting from damages by us, our legal representatives or agents, if such damage
- results in the loss of life, bodily injury, health damages
- in case of a contractual breach caused by intent or gross negligence
- In case of a breach of the essential contractual obligations, the fulfillment of which enables an adequate execution of contract in this first place and which the contractual partners trust the respective other party would adhere to (cardinal obligations)
- in case of a guarantee (if agreed upon)
- in the event that the Product Liability Act (Produkthaftungsgesetz) applies
Customer Service: you may reach our Customer Service during our working hours (9am – 6pm) by calling +49 9323 208630.
Liability
In the event of claims due to damages done by us, our legal representatives or agents, we are always liable without limitation if the damage
- results in the loss of life, bodily injury, health damages
- in case of a contractual breach caused by intent or gross negligence
- in case of a guarantee (if agreed upon)
- in the event that the Product Liability Act (Produkthaftungsgesetz) applies
In case of a breach of the essential contractual obligations, the fulfillment of which enables an adequate execution of contract in this first place and which the contractual partners trust the respective other party would adhere to (cardinal obligations), our liability shall be limited to the typical, forseeable damages, as long as the breach was caused by an act of simple negligence by us, our legal representatives or agents
Damage claims other than these mentioned under this clause may not be made.
Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the provisions of the CISG.
If you are a commercial trader, a public legal entity or a public special asset, the place of jurisdiction for all legal disputes arising from this contract between the customer and the provider shall be our place of residence.
Status as of October 2016