General Terms And Conditions
Julian Kindmann - JJ-Motors Hanebrink 1 33397 Rietberg
Contact: Phone: 0160 / 37 43 54 8 Email: Fahrzeugteilehandel@JJ-motors.de
§ 1 Scope of the contract The following terms and conditions govern the contractual relationship between the seller Julian Kindmann, Hanebrink 1, 33397 Rietberg and the respective buyer. These general terms and conditions apply exclusively. Conflicting terms and conditions of the buyer shall not apply, even if they are not separately contradicted in individual cases. Our general terms and conditions apply equally to consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed; an entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her self-employed professional or commercial activity.
§ 2 Subject matter of the respective contract The subject matter of the respective contract is the sale of goods by the Seller to the Buyer, in particular the sale of motor vehicles, motor vehicle accessories and motor sport articles.
§ 3 Prices and shipping costs The prices stated in each case are final prices. They include the statutory value added tax. Shipping costs are indicated separately.
§ 4 Delivery, Terms of Delivery Deliveries shall be made by dispatch to the delivery address specified by the Buyer. In the absence of an express agreement, delivery shall be made by a shipping company of the Seller's choice. The Seller is entitled to make partial deliveries if not all items are in stock. This shall only apply insofar as a partial delivery is reasonable and of interest to the Buyer, it is usable within the scope of the contractual purpose, the remaining delivery is ensured in a timely manner and the Buyer does not incur any significant additional expenditure or additional costs as a result. Subsequent deliveries shall then be made at the Seller's expense. Further rights shall not be restricted by the above provision.
§ 5 Transfer of risk If the buyer is a consumer, the risk of accidental loss, accidental damage or deterioration or accidental loss of the delivered goods shall not pass to him until the goods are handed over to him or he is in default of acceptance. If the buyer is an entrepreneur, delivery and dispatch shall be at his own risk and this shall already pass to him when the goods are handed over to any transport company.
§ 6 Liability and warranty The warranty shall be governed by the statutory provisions. Liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract. The aforementioned limitation of liability shall not apply to liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 7 Statute of Limitations The claims specified in § 437 No. 1 to 3 BGB (German Civil Code) shall become statute-barred after two years for the sale of new goods and after one year for the sale of used goods. Excluded from this are claims for damages. The limitation period begins with the delivery of the item. Notwithstanding the above, claims shall become time-barred within the regular limitation period if the Seller has fraudulently concealed the defect.
§ 8 Warranty The Seller does not give any warranties of its own for products. Any warranty conditions of the respective manufacturer shall apply. Warranty rights of the Buyer in case of defects of the purchased goods shall not be limited hereby.
§ 9 Retention of title The goods shall remain the property of the Seller until the purchase price has been paid in full. In the event of access by third parties (e.g. bailiffs) to the goods still owned by the seller, the buyer shall be obliged to point out the seller's remaining ownership and to notify the seller immediately so that the seller can enforce its ownership rights.
§ 10 Data protection -information on data processing (Issued by Julian Kindmann, Hanebrink 1, 33397 Rietberg) 1. name and contact details of the data controller Julian Kindmann, Hanebrink 1, 33397 Rietberg , e-mail address: Fahrzeugteilehandel@JJ-Motors.de, phone:0160/3743548 2. Collection, storage and use of personal data If you commission us, we collect the following customer information according to the type of commission: Salutation, first name, surname, date of birth, financial and income situation, e-mail address, address, telephone number (landline and/or mobile), account details, information required for the performance of the contractual service (sale and delivery of goods) This data is collected in order to be able to identify you as our customer; to be able to advise you appropriately; to be able to perform the contractual service; for correspondence with you and for invoicing. The data processing is carried out in response to your request and is necessary in accordance with Art. 6 (1) sentence 1 lit. b DSGVO for the aforementioned purposes for the appropriate processing of the customer order and for the mutual fulfilment of obligations arising from the contract. The personal data collected by us for the customer order will be stored in accordance with Article 6 (1) sentence 1 lit. c DSGVO until the expiry of the statutory tax and commercial law retention and documentation obligations (from HGB, StBG or AO) and then deleted, unless you have consented to further storage in accordance with Article 6 (1) sentence 1 lit. a DSGVO. 3. transfer of data to third parties Insofar as this is necessary for the processing of customer orders with you in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO, your personal data will be transferred to third parties. Your personal data will only be passed on to third parties by us to the service partners involved in the processing of the contract, such as the logistics company commissioned with the delivery and the credit institution commissioned with payment matters, insofar as this is necessary for the delivery of the goods or for the processing of the payment. Your personal data will not be transferred to third parties for purposes other than those listed under point 2. 4. data subject rights You have the right: - in accordance with Art. 7 Para. 3 DSGVO to revoke your consent at any time. This means that we may no longer process the data based on this consent in the future; -in accordance with Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its use. In accordance with Art. 16 DSGVO, you may immediately request the correction of incorrect or incomplete personal data stored by us. 17 DSGVO, to request the deletion of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you wish to withdraw your consent pursuant to Article 18 DSGVO.You have the right to object to the processing in accordance with Article 21 of the Data Protection Regulation, to receive the personal data you have provided us with in a structured, commonly used and machine-readable format or to request that it be transferred to another controller in accordance with Article 20 of the Data Protection Regulation, and to lodge a complaint with a supervisory authority in accordance with Article 77 of the Data Protection Regulation. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose. 5 Right of objection If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation. If you wish to exercise your right of objection, simply send an email to Fahrzeugteilehandel@JJ-Motors.de.
§ 11 Final Provisions These General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event that the buyer is a consumer, this shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship as well as the place of performance for payments, delivery and service shall be our registered office in Rietberg. Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.