Our Terms and Conditions
§ 1 Basic Provisions
The contract is concluded with the seller named in the imprint ("seller"). The following terms and conditions apply to all contracts entered into between the seller and the respective buyer and are explicitly accepted with the purchasing order. A consumer according to the following terms is any natural person who enters into a transaction for a purpose that can neither be attributed to their commercial nor to their self-employed profession.
§ 2. Formation of Contract
(1) Sale of Goods
The seller's range of goods on the internet is not a binding offer for a conclusion of a purchasing agreement but an invitation to an order (bid of the purchaser). You are able to bid by using the telephone, writing a letter, a fax, an email or using the ordering system integrated in the seller's online shop. If you buy via the online shop system, please notice the following points: All goods contemplated to buy appear in the shopping basket. By using the corresponding button on the navigation bar, the customer can modify his or her order in the shopping basket at any time. After selecting the order form, you have to put in your personal data and your preferred paying and delivery methods. Right before confirming the order, the purchaser has the possibility to check and alter the order and personal data (also by using the function "back" of the browser) and is able to cancel the order. If the customer confirms his/her order by using the corresponding button, the offer is binding. Afterwards, the purchaser receives an automatic email concerning the arrival of his or her order, which does not yet lead to the conclusion of the contract. The acceptance of your offer (and thus the conclusion of the contract) is completed by a written confirmation in which we confirm the process of your order or the delivery of your goods or by sending the shipment. If you do not receive a confirmation letter or a message regarding the delivery or your goods within 10 days, you are no longer bound to your order. In this case, any rendered services will be refunded.
All details result from the description of the respective goods and services on the website. Individual offers will be made by the seller on request. They will be sent to you in written form. The seller will adhere to those offers for 7 days. You accept the offer by sending us a written confirmation.
(3) Contact language
The contract language is solely German. The wording of the contract (ordering data and general conditions) is saved by the seller. The detention, however, only lasts for a limited period of time and is not accessible for you. Therefore, you should make a print or separately save it on your computer.
§ 3 Prices and Delivery Charges
The respective prices for all goods and services on this website are final prices. They contain all price components including possible taxes such as value added tax (VAT). The seller partly sells goods which are subject to differential taxation. In these cases, the VAT included in the final price is not seperately outlined in the contract. Only in case of a transnational delivery, you may have to pay further taxes (e.g. in case of an inner-community purchase) and/or other dues (e.g. customs duties). These payments are not to the seller but to the responsible toll or tax authorities. None of the final prices include delivery charges. Information on the delivery charges can be found on the page "Delivery", will be separately pointed out within the ordering process and have to be paid by you in addition to the final price.
§ 4 Payment Terms and Conditions
The payment terms and conditions can be found by clicking on the buttons "Delivery" and "Payment" in the info box an the left site and by using the link "Delivery" in every single article page. As a consumer, you are asked to check your delivery in retards to completeness, obvious deficiencies and transport damages and to forward complaints as soon as possible to the seller or the logistics company. Your warranty claims will remain unaffected. If you are a consumer, the risk of a random extinction and random impairment of the good during the delivery passes to you if the good is being handed over, no matter wheter or not the goods are insured. In case you are not a consumer, you have to take the risk of an accidental destruction or impairment during the delivery. The purchaser and the seller agree that the purchaser has to bear the costs of return. The consumer has to bear those costs if he or she has not returned all the received performances or if he or she has not provided the contracted services or the partly payment under the contract within the cancellation period.
§ 5 Warranty
(1) The transaction is subject to statutory regulations regarding warranty
(2) For used goods, different from statutory regulations, the warranty period is one year from the fulfilment of the delivery on. The one year warranty period does not apply to culpably damages resulting from death, physical injury and damage to health which can be linked to the seller as well as wantonly negligent or previously caused damages, malice by the seller and contribution claims according to §§ 478, 479 BGB.
(3) In case you are a business owner, differing from (1) the following applies:
a) Concerning the constitution of a good, only the information provided by the seller and the product description by the producer count as agreed to. No other advertisement, public promotion or statement by the producer can be seen as an agreement concerning the good's constitution.
b) You are bound to immediately check the goods carefully in regards of deviation in quality and quantity and to report obvious deficits in written form to the seller within seven days after receiving the shipment. The punctual dispatch of the complaint is sufficient to ensure the cancellation deadline. This also applies to hidden deficits which are recognized later, starting with the discovery of the deficit. If you violate the inspection obligations and/or the requirement to give notice of defects, you can not plead any warranty claims.
c) In case of defects, the seller can chose between amendments or a replacement delivery. If the removement of deficits fails two times, the buyer can chose between a reduction or the withdrawal of the contract. In case of amendments, the seller does not have to pay higher costs which are the result of the disposal of the good to a different location than the place of fulfilment if the disposal does not meet the usage of the good in accordance with regulations.
d) The warranty period lasts one year after handover of the shipment. Warranty is excluded for used goods. Number (2), phrase 2 applies congruently.
§ 6 Reservation of Property
(1) The delivered goods remain the property of the provider until the purchase price has been paid in full.
(2) If the purchaser is a business owner, the following additionally applies:
a) The goods supplied to the buyer remain the property of the seller until all liabilities of the buyer have been settled as a result of this business connection. Before the handover of the reserved goods, the mortgage or transfer of the ownership of the goods is forbidden.
b) You are entitled to resell the goods in an ordinary course of business. In this case, you assign to the seller, who accepts the transfer, at this time all claims to the goods held against a third party, up to the corresponding invoiced amount. After the transfer, you are still permitted to collect the demands. The seller, however, reserves the right to collect the outstanding payments should you not properly fulfil your payment duties and fall into default with payment.
c) If reserved goods are processed or combined with other goods, the seller gains co-ownership of the new object pro rata of the invoice value of the reserved goods to the value of the other goods at the time of processing.
d) The seller is bound to release the securities to which he is entitled upon your demand to the extent that the realizable value of the securities exceeds the value of the accounts receivable to be secured by more than 10 %. The seller is responsible for the selection of the securities to be released.
§ 7 Limitation of Liability
(1) The seller is liable without limitation for loss resulting from death, physical injury and damage to health in case he fraudulently conceals defects or if he has given a guarantee regarding the composition of the sold good, in all cases of intentional acts or gross negligence, damages in accordance with the product liability law or in case of statutory liability.
(2) If any material obligation arising from the agreement is concerned whose violation endangers achieving the purpose of the contract, the liability of the seller in case of simple negligence is limited to the typical contractual foreseeable damage.
(3) The seller's liability in the event of an insignificant negligent violation of minor contractual obligations is excluded
(4) Even with state-of-the-art technology, it cannot be guaranteed that data communication via the internet is flawless and/or available at any time. Therefore, the seller is not liable for the steady and uninterrupted availability of the website and the services offered on it.
§ 8 Place of Performance and Legal Venue
German law applies to the exclusion of the UN purchasing law. For any consumer, this choice of law only applies to the extent that the consumer is not deprived of the protection granted by the mandatory provisions of the law of the country of the consumer's habitual abode (favourability principle). The place of fulfilment for all performances related to the business relationship with the customer as well as legal venue is the commercial is the seller's place of business, as long as the customer is not a consumer but a business person, a legal entity under public law or a separate fund under public law. The same applies in case the customer does not have a general place of jurisdiction in the Federal Republic of Germany or in the European Union or if the domicile or usual place of residence is unknown by the time the complaint is filed. The capacity to appeal to another court of jurisdiction remains thereby unaffected
§ 9 Data Protection Statement
You can find the data protection statement by clicking the button "Privacy" on the information box on the left side. We inform you that the data transmitted by you in the context of the business settlement are processed and secured by means of an EDV system. Self-evidently, personal data are treated confidentially. You explicitly agree to the collecting, processing and usage of personal data. You have the right to revoke the agreement with effect for the future.
Right of Withdrawal for Consumers
(A consumer is any natural person who enters a legal transaction for a purpose that cannot be linked to his or her commercial or freelance professional activity)
Information on the Right of Withdrawal
Right of Withdrawal (only for distance selling)
You can revoke your contractual declaration within 14 days in written form (e.g., letter, fax, e-mail) without stating reasons or if the goods are at your disposal before the end of that period, by simply returning the shipment. The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee or, in case of repeated delivery of goods of the same kind, not before the date of arrival of the first partial delivery, in case of services ordered not before contract agreement and also not before our obligation for information according to article 246 § 2 in combination with § 1paragraph 1 and 2 EGBGB as well as § 312e paragraph 1 sentence 1 in combination with article 246 § 3 EGBGB is fulfilled. To kep the time limit, the prompt dispatch of the merchandise or the return request within the set period is sufficient. The cancellation is to be addressed to: TAV Autoverwertung, An der Stadtmühle 2, 32423 Minden (Germany); E-Mail: info[at]tav-autoverwertung.de
Results of Withdrawal
In the case of an effective withdrawal the mutually received benefits are to be returned and if so derived profits are to be returned. In the event that you cannot return the service received in whole or in part or only in a worse state, you shall be obliged to compensate us for any depreciation in value, if applicable. This does not apply if the depreciation of the good is solely attributed to its inspection as it would have been possible in a retail shop. Besides, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refrain from doing anything which could reduce their value. Goods consignable by parcel shipment may be returned at our risk. You must bear the expense of the return consignment if the goods delivered correspond to those ordered and if the price of the returned goods is not higher than 40 Euros or if you have not produced the payment or a by contract agreed hire-purchase with a higher price of the goods at the time of the cancellation yet. Otherwise, the return is free of charge for you. Goods not suitable for delivery by parcel will be picked up. This may result in you nevertheless having to satisfy the contractual payment obligations for the period up until revocation. Duties for the compensation of payments must be fulfilled within 30 days. This time period begins for you with the posting of your rescission or the merchandise and for us with the reception of it.
Your right of withdrawal expires prematurely if, before exercising this right, the contract has been fully fulfilled by both parties with your consent.
Suspension of the right of withdrawal: Your right of withdrawal is, amongst other things, suspended for contracts for the delivery of goods which are made according to the specifications of the consumer or which are clearly tailor-made to the personal needs of the consumer or which are unsuitable for a return shipment due to their nature or are easily perishable would be past their expiration date, for the delivery of audio or video recordings or software in cases where the delivered data carriers have been unsealed for the supply of newspapers, periodicals and magazines (unless you have given contractual statement for the supply of newspapers, periodicals and magazines by telephone). End of the information on the right of withdrawal.
Please do not return the goods freight forward but as an insured parcel. We will gladly pay you the cost of postage in advance if we have to bear the expenses of the return. Please avoid damages or the defilement of the merchandise. If possible, please return the commodity to us in its original packaging including all accessories and all packaging components. If you do not possess the original packing anymore, please provide a suitable packing to avoid any damage during the transportation. The above procedures are not a prerequisite for the effective exercise of the withdrawal.