- Business hours: Monday to Friday 8:00 am to 5:00 pm
(Motor vehicle repair conditions - Non-binding recommendation of the Zentralverband Deutsches Kraftfahrzeuggewerbe e.V. (ZDK))
1. the services to be provided must be described in the order form or in a letter of confirmation and the expected or binding completion date must be stated.
2. the client shall receive a copy of the order form.
3. the order authorizes the contractor to place subcontracts and to carry out test drives and transfer journeys.
4. transfers of rights and obligations of the client arising from the order require the written consent of the contractor.
1. at the request of the client, the contractor shall also note in the order form the prices that are likely to be used in the execution of the order. Price information in the order form may also be provided by reference to the relevant items in the price and work value catalogs available from the Contractor.
2. if the client wishes a binding price quotation, a written cost estimate is required; in this, the work and spare parts are to be listed in detail and provided with the respective price. The Contractor shall be bound by this cost estimate for a period of 3 weeks after its submission. The services rendered for the submission of a cost estimate may be charged to the Client if this has been agreed in the individual case. If an order is placed on the basis of the cost estimate, any costs for the cost estimate shall be offset against the order invoice and the total price may only be exceeded when invoicing the order with the consent of the Client.
3. if the order form contains price information, the value added tax must be stated in the same way as for the cost estimate.
1. the contractor is obliged to comply with a completion date designated in writing as binding. If the scope of work changes or expands compared to the original order and if a delay occurs as a result, the Contractor must immediately state a new completion date, stating the reasons.
2. if the Contractor culpably fails to meet a completion deadline agreed in writing for more than 24 hours in the case of orders involving the repair of a motor vehicle, the Contractor shall, at its discretion, provide the Client with a replacement vehicle of the highest possible quality free of charge in accordance with the Contractor's terms and conditions applicable in each case or reimburse 80% of the costs for the actual use of a rental vehicle of the highest possible quality. The Client shall return the replacement or rental vehicle immediately after notification of completion of the subject matter of the order; any further compensation for damages caused by delay shall be excluded. The Contractor shall also be responsible for the impossibility of performance occurring by chance during the delay, unless the damage would also have occurred if performance had been rendered on time. In the case of commercially used vehicles, the Contractor may, instead of providing a replacement vehicle or assuming rental car costs, compensate for the loss of earnings caused by the delay in completion.
3. the exclusions of liability in clause 2 shall not apply to damages based on a grossly negligent or intentional breach of obligations by the Contractor, its legal representative or its vicarious agent or in the event of injury to life, limb or health.
4. if the Contractor is unable to meet the completion date due to force majeure or operational disruptions through no fault of its own, there shall be no obligation to pay damages due to delays caused by this, in particular not to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. However, the Contractor shall be obliged to inform the Client of the delays insofar as this is possible and reasonable.
1. the acceptance of the object of the order by the Client shall take place at the Contractor's premises, unless otherwise agreed.
2. the client is obliged to collect the object of the order within 1 week of receipt of the notice of completion and delivery or sending of the invoice. In the event of non-acceptance, the Contractor may exercise its statutory rights. In the case of repair work carried out within one working day, the deadline shall be reduced to 2 working days.
3. in the event of default of acceptance, the Contractor may charge the customary local storage fee. The object of the order may also be stored elsewhere at the discretion of the Contractor. The costs and risks of storage shall be borne by the Client.
1. prices or price factors for each technically self-contained work service as well as for spare parts and materials used shall be shown separately in the invoice. If the client wishes the object of the order to be collected or delivered, this shall be at the client's expense and risk. Liability for fault remains unaffected.
2. if the order is executed on the basis of a binding cost estimate, a reference to the cost estimate shall suffice, whereby only additional work shall be listed separately.
3. the calculation of the exchange price in the exchange procedure presupposes that the removed unit or part corresponds to the scope of delivery of the replacement unit or part and that it has no damage that makes reconditioning impossible.
4. sales tax shall be borne by the client.
5. any correction of the invoice must be made by the contractor, as well as a complaint by the client, no later than 6 weeks after receipt of the invoice.
1. the invoice amount and prices for ancillary services shall be due for payment in cash upon acceptance of the object of the order and handover or sending of the invoice, but at the latest within 1 week after notification of completion and handover or sending of the invoice.
2. the client may only offset against claims of the contractor if the client's counterclaim is undisputed or a legally binding title exists. This does not apply to counterclaims of the client arising from the same order. He may only assert a right of retention if it is based on claims from the same contractual relationship. The Contractor is entitled to demand an appropriate advance payment when placing the order.
The Contractor shall be entitled to a contractual lien on the items that have come into its possession as a result of the order due to its claim arising from the order. The contractual lien may also be asserted for claims arising from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the subject matter of the order. The contractual lien shall only apply to other claims arising from the business relationship insofar as these are undisputed or a legally binding title exists and the object of the order belongs to the client.
1. claims of the client due to material defects shall become time-barred one year after acceptance of the subject matter of the order. If the client accepts the object of the order despite being aware of a defect, he shall only be entitled to claims for material defects if he reserves the right to do so upon acceptance.
2. if the subject of the order is the delivery of movable goods to be manufactured or produced and the client is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims of the client due to material defects shall become statute-barred one year after delivery. For other clients (consumers), the statutory provisions shall apply in this case.
3. the shortening of the limitation period in clause 1, sentence 1 and clause 2, sentence 1 shall not apply to damages based on a grossly negligent or intentional breach of obligations by the Contractor, its legal representative or its vicarious agent or in the event of injury to life, limb or health.
4. if the Contractor is liable under the statutory provisions for damage caused by slight negligence, the Contractor's liability shall be limited:
Liability shall only exist in the event of a breach of material contractual obligations, such as those which the contract specifically intends to impose on the contractor according to its content and purpose or the fulfillment of which is essential for the proper execution of the contract and on the observance of which the client regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of the Contractor's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Clause 3 of this section shall apply accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
5 Irrespective of any fault on the part of the Contractor, any liability of the Contractor in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
6 If a defect is to be rectified, the following shall apply:
a) The Client must assert claims for material defects with the Contractor; in the case of verbal complaints, the Contractor shall provide the Client with a written confirmation of receipt of the complaint.
b) If the object of the order becomes inoperable due to a material defect, the Client may, with the Contractor's prior consent, contact another master vehicle workshop. In this case, the Client shall have it included in the order form that the defect is to be remedied by the Contractor and that the removed parts are to be kept available to the Contractor for a reasonable period of time. The Contractor shall be obliged to reimburse the Client for the repair costs demonstrably incurred.
c) In the event of rectification of defects, the client may assert claims for material defects based on the order for the parts installed to rectify the defect until the expiry of the limitation period for the object of the order.
Replaced parts shall become the property of the Contractor.
1. liability for the loss of money and valuables of any kind that are not expressly taken into safekeeping is excluded.
2. other claims of the client that are not regulated in Section VIII "Liability for material defects" shall become time-barred within the regular limitation period.
3. the provisions in Section VIII "Liability for material defects", Clauses 4 and 5 shall apply accordingly to claims for damages against the Contractor.
Insofar as installed accessories, spare parts and aggregates have not become essential components of the subject matter of the order, the Contractor shall retain title thereto until payment has been made in full and is incontestable.
The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and checks, shall be the Contractor's registered office. The same place of jurisdiction shall apply if the Client does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.
1. motor vehicle arbitration boards
a) If the company is a member of the locally competent guild of the motor vehicle trade, the client may, in the event of disputes arising from this
order (with the exception of commercial vehicles with a total weight of more than 3.5 tons) or - with the contractor's consent - the contractor may appeal to the motor vehicle arbitration board responsible for the contractor. The appeal must be made immediately after becoming aware of the issue in dispute by submitting a written statement (notice of appeal) to the arbitration board.
b) The decision of the Motor Vehicle Arbitration Board does not exclude legal recourse.
c) By appealing to the Motor Vehicle Arbitration Board, the limitation period is suspended for the duration of the proceedings.
d) The proceedings before the Motor Vehicle Arbitration Board are governed by its Rules of Procedure, which will be provided to the parties by the Motor Vehicle Arbitration Board upon request.
e) Recourse to the Motor Vehicle Arbitration Board is excluded if legal action has already been taken. If legal action is taken during arbitration proceedings, the Motor Vehicle Arbitration Board shall cease its activities.
f) No costs are charged for the use of the Motor Vehicle Arbitration Board.
2. notice pursuant to § 36 of the Consumer Dispute Settlement Act (VSBG)
The contractor will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
1 Scope of application
1.1 These Terms and Conditions of Kalkofen Bremerhaven (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store ("Vintage Shop"). The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2 Conclusion of contract
2.1 The product presentations contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online store. When placing an order via the online order form, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart after entering their personal data and clicking the "Complete order" button in the final step of the ordering process.
2.3 The Seller may accept the Customer's offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within 14 days. The Seller is entitled to refuse to accept the order.
2.4 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3 Return costs when exercising the right of withdrawal
If the customer has a right of withdrawal, the customer shall bear the regular costs of returning the goods when exercising the right of withdrawal, unless the goods delivered do not correspond to those ordered.
4 Prices and terms of payment
4.1 The prices quoted by the seller are final prices and include the statutory German VAT. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer.
4.2 For deliveries within Germany, the seller offers the following payment options: see Store payment methods
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.4 In the case of self-collection, the seller shall first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.
5 Delivery and shipping conditions
5.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's checkout is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person authorized to receive the goods upon handover. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale by dispatch shall pass to the customer upon delivery of the goods to a suitable carrier at the seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
6 Retention of title, offsetting, right of retention
6.1 In relation to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 The Seller shall retain title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
6.3 The customer may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
7 Liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply. This does not apply to items that have not been used for a building in accordance with their normal use and have caused its defectiveness:
7.1 For entrepreneurs
7.2 For consumers, the limitation period for claims for defects is
7.3 For entrepreneurs and consumers, the above limitations of liability and limitation periods in Clauses 7.1 and 7.2 shall not apply to claims for damages and reimbursement of expenses which the Buyer may assert in accordance with the statutory provisions due to defects in accordance with Clause 8.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
7.7 If the supplementary performance has taken the form of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.
8 Liability
8.1 The Seller shall be liable without limitation for any legal reason in the event of injury to life, limb or health, in the event of intent or gross negligence, fraudulent intent and warranty promises and if liability is based on mandatory statutory provisions, such as the Product Liability Act.
8.2 Otherwise, the Seller shall be liable as follows, irrespective of the legal grounds:
8.2.1 If the Seller has negligently breached an essential contractual obligation (so-called cardinal obligation), the obligation to pay compensation for material damage shall be limited to the foreseeable, typically occurring average damage. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.2.2 If the Seller has negligently breached an insignificant contractual obligation, the obligation to pay compensation shall be limited to the order value.
9 Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9.2 If the customer acts as 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 shall be the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
9.3 The contract language is German.
Customer information
1 Information on the identity of the seller
Lime kiln Bremerhaven
Owner Jörg Bäuerle
Stresemannstr. 214-224
27576 Bremerhaven
Germany
Phone: +49 471 - 5 47 66
E-mail: info@auto-kalkofen.de
2 Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services are set out in the respective product description posted by the seller.
3 Information on the conclusion of the contract
The contract is concluded in accordance with clause 2 of the seller's General Terms and Conditions (see above).
4 Information on payment and delivery
Payment shall be made in accordance with Clause 4 and delivery in accordance with Clause 5 of the Seller's General Terms and Conditions (see above).
5 Information on the technical steps leading to the conclusion of the contract
The contract is concluded by offer and acceptance.
5.1 If the customer uses the seller's online order form for his order, he submits his offer as follows:
5.1.1 On the seller's product offer page, the customer clicks on the "Add to shopping cart" button in the first step. A preview shopping cart with the current order selection then opens in the left-hand side column.
5.1.2 Now the customer clicks on the "Checkout" button in the second step, either directly or after adding further goods to the virtual shopping cart.
5.1.3 A new page then opens, on which the customer can select the desired payment method in the third step by clicking on it. The customer also enters the billing address and the delivery address.
The customer sees the details of the order summarized, as well as his billing and delivery address. The customer confirms the cancellation policy and terms and conditions by ticking the box and clicking on the "Buy now" button and accepts these and their reading, meaning that the customer has placed a proper order.
5.1.4 An information screen then appears confirming that the order has been completed.
5.2 Acceptance by the Seller shall be in accordance with Section 2.3 of the Seller's General Terms and Conditions (see above).
6 Information on the storage of the contract text
The contract text is saved by the seller and sent to the customer in text form (e.g. as a letter, fax, e-mail) together with these GTC and customer information after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.
7 Information about the technical means of recognizing and correcting input errors
Before binding submission of the order, the customer can correct his entries at any time 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.
8 Information on the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
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