Terms and conditions | 80.000 Spare Parts Available Online

General terms and conditions

1. Scope

In our online store consumers in the sense of § 13 BGB can not order. Consumers can order in our online shop https://www.ebay.de/str/gastroteileshop.
In addition to verifying your status as a business within the ordering process, we are entitled to request evidence of your status as a business by provision of suitable, current documents such as a trade register excerpt or business registration documentation.
The present Terms and Conditons shall also apply to future business relations, without any further need of reference thereto. Where the business employs conflicting or supplementary general terms and conditions, we hereby object to their validity; such terms will only become a contractual component if we expressly agree to them.

2. Contractual partner, formation of contract

The contract is concluded with Gastroteileshop GmbH.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.

You are entitled to collect your order from Gastroteileshop GmbH, Dessauer Straße 85, 06862 Dessau-Roßlau, Deutschand during the following hours of business: Eine persönliche Abholung der Ware ist nach vorhergehender Absprache mit unserem Serviceteam möglich.

If the product ordered by you is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing a congruent order, we will inform you of this immediately. In this case, the statutory provisions shall apply.

Subject to delivery from our suppliers, we will ensure speedy delivery. Where part of the order cannot be delivered immediately because we have not received the supplies ordered from our reliable supplier, without fault on our part and in spite of placing appropriate orders, we will deliver the remaining goods in an additional shipment without recalculating the shipping costs, insofar as this is reasonable for you.

5. Payment

The invoice amount is due for payment upon contract formation. You hereby agree that all invoices will be provided by email. Such consent can be revoked at any time.
In the case of late payment, we reserve the right to invoice you statutory interest for late payment amounting nine percentage points above the basic interest rate and a flat fee of 40 euros. Further claims remain unaffected hereby.

In our shop, the following payment methods are basically available to you:
Advance payment, Cash on delivery, Cash payment on collection , Credit card, Direct debit via Klarna, Invoice, Purchase on account via Klarna, Financing by Klarna, Credit card via Klarna, PayPal, PayPal Express, Apple Pay, giropay / paydirekt

A right of set-off is only available to you if your counterclaim entails mutuality of obligation with respect to our principal claim, is undisputed by us or has been legally established.

CALL SERVICE PROVIDER NOVALNET AG

The controller has integrated components from Novalnet AG on this website. Novalnet AG is a full payment service provider that, among other things, handles payment processing. If the data subject selects a payment method during the ordering process in the online store, data of the data subject are automatically transmitted to Novalnet AG. By selecting a payment option, the data subject consents to this transmission of personal data for the purpose of processing the payment.

The personal data transmitted to Novalnet are usually first name, last name, address, gender, e-mail address, IP address and, if applicable, date of birth, telephone number, cell phone number and other data necessary for the processing of a payment. Also necessary for the processing of the purchase contract are such personal data that are related to the respective order. In particular, there may be a mutual exchange of payment information, such as bank details, card number, validity date and CVC code, data on goods and services, prices.

The purpose of the data transfer is, in particular, identity verification, payment administration and fraud prevention. The controller will transmit personal data to Novalnet AG in particular if there is a legitimate interest for the transmission. The personal data exchanged between Novalnet AG and the controller will, if necessary, be transmitted by Novalnet AG to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness.

Novalnet AG also discloses the personal data to service providers or subcontractors insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed.

The data subject has the possibility to revoke the consent to the handling of personal data at any time vis-à-vis Novalnet AG. A revocation does not affect personal data that must necessarily be processed, used or transmitted for (contractual) payment processing.

ORDINARY CANCELLATION OF PAYMENT GUARANTEE NOVALNET AG

In case of payment via the payment methods "purchase on account" and "direct debit", the purchase price claim is assigned via Novalnet AG as payment institution to Financial Management Solutions GmbH (under the brand InfinitePay), (hereinafter referred to as "InfinitePay"). The data required to process the payment will be transmitted to InfinitePay. The data transfer serves, among other things, the purpose that InfinitePay can carry out an identity and credit check for the processing of your purchase with the payment method requested by you. The processing is based on Art. 6 para. 1 lit. f DSGVO from the legitimate interest in offering different payment methods as well as the legitimate interest in protection against payment default. You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying us. You can find InfinitePay's privacy policy here: https://www.infinitepay.de/datenschutzhinweise.

Should you wish to receive information about the use of personal data concerning you, you can contact datenschutz@fms-mainz.de at any time. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide the data will result in the contract not being concluded with the payment method you have requested.

6. Retention of title

A right of retention is only available to you if your counterclaim is based on the same contractual relationship.

We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims to be secured by more than 10%.

7. Damage during delivery

The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. The statutory warranty rights for defects shall apply. Section 377 of the German Commercial Code (HGB) shall apply: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

8. Warranty and guarantees

Customer service: Sie erreichen unseren Kundenservice für Fragen, Reklamationen und Beanstandungen werktags zwischen bis unter der Telefonnummer oder via E-Mail unter .

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

10. Code of conduct

We have submitted to the following codes of conduct:
- Trusted Shops Qualitätskriterien
- https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

11. Final provisions

German law shall apply to the exclusion of UN Sales Law.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.