Number of Products: 32434

e-mail: info@fk-automotive.de

phone: +49-(0) 71 91-32 75 0

Mon-Fri: 9: 00-12: 00, 13:00-16:00

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Number of Products: 32434
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Professional Tuning and Carparts

Conditions



Terms of Service


FK Automotive GmbH

Managing directors Luca Cautillo, Emmanuel Pennimpede


Planckstraße 22

71691 Freiberg am Neckar

Tel. 07191-32750

Fax 07191-32759

e-mail: info@fk-automotive.de

www.fk-automotive.de

(hereinafter referred to as provider)



  • 1. Scope
    1.1 The services provided by the provider for the online shop at the above URL are provided exclusively on the basis of the following general terms and conditions in the version valid at the time of the order.
    1.2 Our general terms and conditions apply exclusively. Terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.

    2. Conclusion of the contract
    2.1 Our offers on the Internet represent a non-binding invitation to the customer to order goods or services. By submitting the order (click on the “order with obligation to pay" button) on our website, the customer submits a binding offer to conclude a contract.
    2.2 The confirmation of the receipt of the order follows immediately after the order has been sent and in principle does not yet constitute an acceptance of the contract. We can declare acceptance within three (3) days by sending a written order confirmation or an order confirmation in text form (fax or e-mail). Mail), whereby the receipt of the order confirmation by you is decisive, or by delivering the ordered goods, whereby the receipt of the goods by you is decisive, or by asking you to pay after placing the order (e.g. with PayPal- Payment). If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this is considered a rejection with the result that you are no longer bound by your declaration of intent.
    2.3 When submitting an offer via the provider's online order form, the contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, along with these terms and conditions. In addition, the text of the contract is archived on the provider's website and can be accessed free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the provider's online shop before sending his order.
    2.4 Before placing a binding order using the provider's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
    2.5 Only the German language is available for the conclusion of the contract.

    3. Right of withdrawal
    Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in our cancellation policy.
    The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

    4. Payment, default
    4.1 The prices listed on our website at the time of the order apply. All prices are inclusivethe statutory value added tax plus the shipping costs listed in each case.
    4.2 For deliveries to countries of the European Union (EU), no additional VAT is due for payment. For deliveries to countries outside the EU, import sales tax, import duties and other import duties may apply. This must always be borne by the buyer. If you choose "cash on delivery" as the payment method, the carrier will charge a payment card fee and a transfer fee.
    4.3 If the customer is in default of payment, we are entitled to demand default interest of five percentage points above the base rate of the European Central Bank. In the event that we assert further damage caused by delay, the customer has the opportunity to prove that the asserted damage caused by delay did not occur at all or was at a lower amount.

    5. Retention of title
    5.1 In relation to consumers, the provider retains ownership of the delivered goods until the purchase price owed has been paid in full.
    5.2 In relation to entrepreneurs, the provider reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
    5.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in the amount of the respective invoice value (including sales tax) to the provider in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The authority of the provider to collect the claims himself remains unaffected. However, the provider will not collect the claims as long as the customer fulfills his payment obligations to the provider, does not fall into arrears and no application has been made to open insolvency proceedings.

    6. Delivery
    6.1 Delivery takes place within 10 working days after payment has been made by the customer. We point out any deviating delivery times on the respective product page. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address in the context of the order.
    6.2 If the supplier is unable to deliver the ordered goods through no fault of his own because the supplier's supplier does not fulfill his contractual obligations, the customer will be informed immediately that the ordered goods are not available. In this case, the provider and the customer are entitled to withdraw. Contracts already rendered by the Contracting Party shall be reimbursed without delay. The legal rights of the customer remain unaffected.
    6.3 In the case of entrepreneurs, the risk of deterioration or destruction of the goods is transferred to the customer when the delivery item is handed over to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day the delivery item is notified that the delivery item is ready for dispatch.
    6.4 In the case of freight forwarded goods, delivery is "free curbside", i.e. up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

    7. Default in acceptance
    7.1 If the customer is in default of acceptance or if he culpably breaches other obligations to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. We reserve the right to make further claims. This does not apply if the customer effectively exercises his right of withdrawal, if he considers the fact that the delivery is impossibleg, is not responsible or if he was temporarily prevented from accepting the offered service, unless the provider had announced the service to him a reasonable time in advance.
    7.2 Interest is to be paid on the purchase price during the delay. The default interest rate is five percentage points per annum above the base rate. In legal transactions between entrepreneurs, the interest rate is nine percentage points above the base rate.
    7.3 For his part, the customer reserves the right to prove that the damage did not occur in the requested amount or at least significantly less. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.

    8. Warranty
    If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:

    8.1 For entrepreneurs
    - an insignificant defect does not justify any claims for defects;
    - the provider has the choice of the type of supplementary performance;
    - In the case of new goods, the limitation period for defects is one year from the transfer of risk;
    - In the case of used goods, the rights and claims due to defects are fundamentally excluded;
    - the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.

    8.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. The limitations of liability and

    8.3 Reductions in the limitation period do not apply
    - for damages resulting from injury to life, limb or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider,
    - for other damages based on an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
    - in the event that the provider fraudulently concealed the defect.

    8.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to Section 445b of the German Civil Code (BGB) remain unaffected.
    8.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification requirements regulated there, the goods are deemed to have been approved.
    8.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the provider thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

    9. Liability
    9.1 The provider is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
    9.1.1 The provider is fully liable for any legal reason in the event of willful intent or gross negligence, in the event of willful or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability such as under the Product Liability Act.
    9.1.2 If the provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contracten fulfillment enables the proper execution of the contract in the first place and compliance with which the customer can regularly rely.
    9.1.3 Otherwise, liability on the part of the provider is excluded.
    9.1.4 The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
    9.2 The customer exempts the provider from any claims by third parties - including the costs for legal defense in their statutory amount - that are asserted against the provider due to illegal or contractual actions by the customer.

    10. Data protection
    We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or only in the context of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. For more information, please refer to our data protection declaration .

    11. Final provisions
    11.1 The law of the Federal Republic of Germany is applicable to the exclusion of the UN Sales Convention, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
    11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our registered office is responsible, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The head office of our company can be found in the heading of these terms and conditions.
    11.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.

    12. Information on online dispute resolution / consumer arbitration

    The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

    This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute settlement procedure according to the VSBG.

    You can find our e-mail address in the heading of these terms and conditions.