Terms of service
Terms and Conditions
1. Scope
These Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activity.
A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a contract.
With respect to businesses, these Terms and Conditions shall also apply to future business relationships without the need for renewed reference. Deviating terms and conditions of businesses shall only apply if we expressly agree to them in writing.
2. Contract Partner, Conclusion of Contract
The purchase contract is concluded with:
Automotivo UG (haftungsbeschränkt)
Kesselsgracht 7a
52146 Würselen
Germany
By listing the products in our online shop, we make a binding offer to conclude a purchase contract.
You accept this offer by clicking the order button. After submitting the order, you will receive an automatic order confirmation via email.
3. Contract Language, Storage of Contract Text
The contract language is German.
We store the contract text and send you the order details and these Terms and Conditions by email. If you have created a customer account, you can view your orders there at any time.
4. Delivery Conditions
Shipping costs are added to the product price. These are clearly indicated in the respective offer and during the ordering process.
4.1 Delivery Attempt, Non-Collection, Incorrect Address, Refusal of Acceptance
The customer is responsible for ensuring that delivery is possible at the provided delivery address.
If a shipment cannot be delivered, the customer is obliged to collect the shipment from the responsible carrier, pickup point or parcel station within the storage period.
The customer is also responsible for independently checking the shipment status using the provided tracking information.
This obligation also applies if no delivery notification has been left by the carrier or if the notification has not been received by the customer for any reason.
In the event of:
- non-collection of the shipment
- incorrect or incomplete delivery address
- refusal of acceptance without legal justification
we reserve the right to deduct the actually incurred shipping and return costs from the refund amount.
These currently amount to:
Outbound shipping
5.90 € (Germany)
8.90 € (EU)
Return shipping and storage costs
8.90 € (Germany)
14.90 € (EU)
An automatic withdrawal does not occur in these cases. Withdrawal must be expressly declared within the statutory withdrawal period.
5. Payment
The following payment methods are available:
- Credit card (charged at the time of order)
- PayPal
- Klarna (invoice or installment payment – details during checkout)
6. Retention of Title
The goods remain our property until full payment has been received.
For businesses the following also applies:
In the event of resale of the goods, the buyer hereby assigns to us all claims arising from the resale against their customers in the amount of the invoice value. We accept this assignment.
7. Transport Damage
Consumers are requested to report any obvious transport damage to the delivery service immediately and inform us accordingly. Failure to do so does not affect your statutory claims but helps to simplify the processing.
For businesses:
The risk of accidental loss or deterioration passes to the business once the goods have been handed over to the carrier, freight forwarder or other person responsible for shipping.
Section §377 of the German Commercial Code (HGB) applies.
8. Warranty and Guarantees
The statutory liability for defects applies.
For consumers, the warranty period for used goods is one year.
For businesses, the warranty period is one year from the transfer of risk.
Our own information as well as manufacturer descriptions are deemed to be agreed product characteristics.
In the event of defects, we will provide remedy at our discretion through repair or replacement.
Limitations of the statutory limitation periods do not apply to claims resulting from:
- injury to life, body or health
- intentional or grossly negligent breach of duty
- fraudulent concealment of a defect
- breach of essential contractual obligations
- claims under product liability law
- guarantees granted
9. Liability
We have unlimited liability in cases of:
- injury to life, body or health
- intentional or gross negligence
- claims under product liability law
- assumed guarantees
In the event of slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for the contract.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr/
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Resale
Commercial resale of our products, particularly via online marketplaces, own online shops or other commercial distribution channels, requires our prior express consent.
12. Final Provisions
For businesses, German law applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdiction is our registered office if the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.
