GENERAL TERMS AND CONDITIONS

§1 Applicability to entrepreneurs and definition of terms

1.1 The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).

§2 Formation of a contract, storage of the contract text

2.1 The following regulations on the conclusion of a contract apply to orders via our internet shop https://www.miessler-automotive.com.

2.2 In the event of the conclusion of the contract, the contract is concluded with:

Miessler-Automotive GmbH & Co. KG
Industriegebiet Breitwies/Weisenbachfabrik
Fabrikstraße 16, 76596 Forbach
P: + 49 (0) 7224 65866-100
F: + 49 (0) 7224 65866-199
E: info@miessler-automotive.com

  1. 2.3 The presentation of the goods in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

  1. 2.4 When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.

The order is made in the following steps:

  1. Selection of the desired goods.
  2. Confirming by clicking the „Add to cart“ button.
  3. Checking the information in the shopping cart.
  4. Pressing the "Checkout" button.
  5. Registration in the online shop after registration and entry of the registration details (e- mail address and password).
  6. Repeat check or correction of the respective entered data.
  7. Binding dispatch of the order by clicking on the button "order with costs" or "buy".

Before the binding submission of the order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button in the Internet browser he is using after checking his details Closing the internet browser cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email ("order confirmation"). With this we accept your offer.

2.5 Storage of the text of the contract for orders via our online shop: We save the text of the contract and send you the order data and our general terms and conditions by email. You can view the terms and conditions at any time at https://www.miessler-automotive.com/Terms-of-service/. You can view your past orders in our customer area under Your account --> My orders.

 

§3 Prices, shipping costs, payment, due date

  1. 3.1 The prices quoted include statutory sales tax and other price components. In addition, there are any shipping costs.

3.2 The consumer has the option of paying in advance, cash on delivery, PayPal or credit card.

3.3 If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract. Insofar as we deliver cash on delivery, the purchase price claim becomes due upon receipt of the goods.

§4 Delivery

4.1 Unless we have clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch. The delivery takes place within 5 working days at the latest. In the case of payment in advance, the period for delivery begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

4.2 The risk of accidental loss and accidental deterioration of the item sold is only transferred to the buyer when the item is handed over to the buyer, even in the case of mail-order sales.

4.3 Delivery is worldwide.

§5 Retention of title

We reserve ownership of the goods until the purchase price has been paid in full.

§6 Right of withdrawal of the customer as a consumer:

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail - contact see below). You can use the attached withdrawal form for this, but it is not mandatory.

Right of Withdrawal Form.pdf

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this

 

repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

§7 Warranty for material defects

7.1 The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular § § 434 et seq BGB.

7.2 There is only a guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective article.

7.3 Complaints and claims for liability for defects can be submitted to the address given in the provider identification.

§8 Damage in transit

8.1 If goods are delivered with obvious transport damage, the customer is asked to complain about this error immediately to the deliverer and to contact the seller as soon as possible.

8.2 The omission of a complaint or the failure to make contact has no consequences for the statutory warranty rights of the customer, but helps the seller to be able to assert his own claims against the carrier or the transport insurance.

§9 Contract language

As contract language German will be available exclusively.