Provider and contractor
ATM Tornau Motoren GmbH & Co. KG
Owner: Georg Barton
10 23758 Oldenburg i.H.
Tel.: + 49 / (0) 4361/5080800
Fax: + 49 / (0) 4361/508080-69
Registry Court: District Court Lübeck
Registration number: HRA 9229 HL
Owner: Georg Barton
§ 1 - Scope
(1) These conditions of ATM Tornau Motoren GmbH & Co. KG (hereinafter: "Seller") apply to all sales, deliveries and services of the Seller which the Customer buys from the Seller through the Online Shop. The inclusion of conditions of the customer is disputed, unless the parties have expressly agreed otherwise.
(2) 'Customers' are both consumers and traders, where a consumer is any natural person who concludes a transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal personality who, in the course of entering into a legal transaction, is exercising his or her independent professional or commercial activity.
§ 2 - Conclusion of contract
(1) With the exception of the orders via the button "PayPal Direkt" and via the payment method PayPal, the seller's product offers merely represent a request to the customer to make a purchase offer. By concluding the order process, the customer makes a binding offer to the seller. The acceptance of this purchase offer by the seller takes place only by a separate declaration of acceptance or payment request within 2 working days after receipt of the purchase offer.
(2) In the case of an order via the button "PayPal-Express" and selecting the payment method PayPal, the seller's product offers constitute binding purchase offers to the customer. The acceptance of these purchase offers by the customer, and thus the conclusion of the contract between the parties, takes place by completing the order process.
(3) The ordering process by the customer begins by inserting a product into the shopping cart. This is done via the button "Add to cart" on the product overview or product detail page. The customer can change the order quantity in the shopping cart via the buttons "+/-" and a "click" on "Update shopping cart" or delete a product from the shopping cart by clicking on the link "remove article".
a) Orders via the button "Checkout":
If the customer has filled his personal shopping cart with the products of his choice, he can continue the ordering process via the button "Checkout" on the following page.
If the customer is already registered for the online shop of the seller, he can continue his order by entering his registered e-mail address and the corresponding password via the field "Registration". If the customer is not yet registered, he can either open a customer account with the seller via the field "new customer" or continue the order via the field "guest customer" without opening a customer account. Both options are also available to corporate and business customers. In both cases, the customer must deposit his data and confirm his details via the "Send" button.
In the next order step, the customer has the option to select a payment method offered by the seller. To do this, the customer must activate the field of the respective shipping method by clicking on it and confirm the selection with the button "Continue to the next step". The customer then has the option of selecting a delivery method offered by the seller. To do this, the customer must also activate the desired shipping method by clicking on it and confirm the selection with the button "Continue to the next step".
The customer is in the order overview.
b) Order via "Direct to PayPal"
Optionally, the seller offers the ordering process via "PayPal". In order to use this order option, the customer must be registered with "PayPal" or deposit the billing data directly with "PayPal". If the customer chooses this order option, he will be forwarded to his account after entering his registered "PayPal" registered e-mail address and the corresponding password and can select the appropriate in this case "PayPal" stored billing address. In the case of ordering without a member account at PayPal, the entries of the customer via the button "agree and continue" confirmed. The customer will be forwarded after completion of the information in the online shop of the seller and is in his order overview.
Any corrections to the entered data, which the customer wants to make, he can on the respective input field, which he can call by "clicking" make.
Before the customer can submit his binding order for the products inserted in the shopping cart via the button "Order now for a fee", he must confirm the acknowledgment of the cancellation policy and agree to the terms and conditions of the seller. For this, the customer must activate the field "Please take note of our general terms and conditions and your right of withdrawal."
(4) Checkout and contact via e-mail using the automated purchase processing software. The customer must therefore ensure that the e-mail address specified by him for the purchase is correct, so that this correspondence can be done. When using spam filters, the customer must ensure that all e-mails sent by the seller or his check-in service provider for purchase are received.
§ 3 - Contract Storage
In the order confirmation, the customer receives his order data, as well as the GTC customer information and the cancellation policy plus sample withdrawal form sent by e-mail. The contract text will not be saved by the seller after conclusion of the contract. Accordingly, more extensive permanent backups of the offer must therefore be initiated by the customer (for example, by screenshot).
§ 4 - Prices
The prices quoted by the seller include all price components incl. The respective German statutory VAT. The VAT is shown separately. If applicable, additional packaging and shipping costs are shown separately in the respective product offer. Other price components, such as additional taxes, duties or other charges may apply to cross-border deliveries.
§ 5 - Terms of Payment
Payments can be made as follows:
- by bank transfer (advance payment)
After the purchase, the account details of the seller are communicated to the customer for payment. After the amount has been credited to the seller's account, the goods will be shipped.
- via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg During the order, the customer will be redirected to the PayPal site where the payment to the seller will be made by the customer. Prerequisite for this is a member account of the customer at the company PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. After confirmation of payment by PayPal, the goods will be shipped. The debit of the PayPal account of the customer takes place with the sending of the order. Please note in this regard also the terms and conditions of PayPal in which you have consented to when opening the customer account with PayPal.
- by credit card via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg During the order, the customer will be redirected to the PayPal site where payment by credit card to the seller will be arranged by the customer. After sending the order and confirmation of payment by PayPal, the goods are shipped. The debit of the bank account or the credit card is dependent on the processing of the customer banks or the credit card issuing institution of the customer. Please note in this regard also the terms and conditions of PayPal in which you have consented to when opening the customer account with PayPal.
If you do not have a PayPal account, please note the relevant terms and procedures of PayPal:
- by direct debit via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg During the order, the customer will be redirected to the PayPal page where the payment by SEPA direct debit to the seller by the customer via PayPal will be arranged. After sending the order and confirmation of payment by PayPal, the goods are shipped. The debit of the bank account by PayPal depends on the processing of the customer banks. Please note in this regard also the terms and conditions of PayPal in which you have consented to when opening the customer account with PayPal.
If you do not have a PayPal account, please note the relevant terms and procedures of PayPal:
- Cash on delivery (only within Germany)
The customer pays the invoice amount to the deliverer in cash. Additional fees apply for this method of payment.
- by cash on pickup at the seller's place of business.
§ 6 - Delivery
(1) The delivery times stated for the products begin on the day following the date of conclusion of the contract or, in the case of payment in advance, the customer's payment order to his payment service provider. Delivery will be made within the specified delivery time at the latest. If the last day of the delivery period falls on a Saturday, Sunday or a general public holiday recognized at the place of receipt, the next working day will take the place of this day.
(2) In the case of a delivery outside of Germany, the latest delivery date stated for the products is extended by 5 working days for deliveries within the EU member states and 10 working days for the rest.
(3) In the case of sales to entrepreneurs, the risk of accidental loss and accidental deterioration passes to the customer upon handover of the goods sold to the carrier, the carrier or the person or institution otherwise responsible for carrying out the shipment.
§ 7 - Retention of title
(1) Until the fulfillment of all claims from the contract, the delivered goods remain the property of the seller.
(2) For sales to entrepreneurs, the following extended retention of title applies:
(a) In the event of the sale of the reserved goods, the customer hereby assigns his claim from the resale against the purchaser with all ancillary rights to the seller as a precaution, without the need for further special declarations. The assignment applies including any balance claims. However, the assignment shall only apply to the amount corresponding to the price charged by the seller for the reserved goods. The customer remains authorized to collect the claim even after the assignment. The seller's power to collect the claim itself remains unaffected. However, the seller will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment or has ceased payment.
(b) The processing and processing of the reserved goods by the customer is always named and on behalf of the seller. In this case, the client's entitlement to the reserved goods continues with the processed or processed retained goods. If the goods subject to retention of title are processed with other goods not belonging to the seller, the seller acquires co-ownership of the new item in proportion of the final invoice amount of the reserved goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is deemed agreed that the customer regularly transfers co-ownership to the seller and stores the resulting sole ownership or co-ownership for the seller.
(c) As long as the ownership has not been transferred, the customer must notify the seller immediately in writing should the delivered goods be seized or otherwise exposed to interference by third parties. The customer is obliged to provide the seller with all information and provide documents that are necessary for a third-party objection action in accordance with § 771 ZPO.
(d) The seller undertakes to release the securities to which he is entitled upon request of the customer insofar as their value exceeds the claims to be secured by more than 10%.
§ 8 - Liability for Defects
(1) For sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. For used goods rights and claims due to defects are excluded. The statute of limitations does not start again if replacement is provided within the scope of the liability for defects.
(2) In the case of sales of used goods to consumers, the limitation period for claims for defects is one year from delivery of the goods to the buyer.
(3) For entrepreneurs remain the statutory limitation periods for the right of recourse according to § 478 BGB unaffected, the same applies to entrepreneurs and consumers in a deliberate breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, the following paragraph (5) further states that these limitations of liability do not extend to claims for damages and reimbursement of expenses which the buyer can assert due to a defect.
(4) For sales to a merchant in accordance with commercial law (§ 1 HGB), the commercial inspection and complaint obligations in the sense of § 377 HGB apply. Failure to comply with the statutory notification obligations, the goods are considered approved.
(5) In case of injury to life, limb or health, the seller is fully liable for any legal reason. This also applies to malice and warranty promises or if the liability is based on mandatory statutory provisions, such as the product liability law.
(6) GWA – warranty form The GWA will be sent after the damage / warranty claim has been received. This gives the company ATM Tornau Motoren GmbH & Co. KG the repair order for the reported damage. Any costs incurred are billed to the buyer / seller depending on the cause / outcome of the damage. .
(7) Otherwise, the statutory provisions apply.
§ 9 - Contract language
The contract language is German.
§ 10 - Final Provisions
(1) The law of the Federal Republic of Germany applies.
(2) The choice of law according to paragraph 1 shall apply to consumers i.S.v. § 1 (2) sentence 1 only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(3) The provisions on the UN Sales Convention shall not apply.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his domicile or habitual residence is not known at the time the complaint is filed.
Information Dispute Resolution Procedure
According to § 36 Consumer Dispute Settlement Act (VSBG) we are obliged to inform you as follows:
We are unwilling and not obliged to participate in a dispute resolution procedure.