Julian Kindmann - JJ-Motors
Phone: 0160 / 37 43 54 8
§ 1 Scope of the contract
The following terms and conditions regulate the contractual relationship between the seller Julian Kindmann, Hanebrink 1, 33397 Rietberg and the respective buyer. These general terms and conditions apply exclusively. Conflicting 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 self-employed professional or commercial activity.
§ 2 Subject matter of the contract
The subject 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 intended purpose, the remaining delivery is ensured in a timely manner and the Buyer does not incur any significant additional expenses 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 shipment shall be at his own risk and this risk shall pass to him as soon as 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 Limitation
The claims specified in § 437 No. 1 to 3 BGB (German Civil Code) shall become statute-barred after two years in the case of the sale of new goods and after one year in the case of 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 the event of defects in the purchased goods shall not be limited hereby.
§ 9 Retention of title
The goods 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, telephone:0160/3743548
2. collection, storage and use of personal data
When 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 for the aforementioned purposes in accordance with Art. 6 (1) sentence 1 lit. b DSGVO 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 storage beyond this in accordance with Article 6 (1) sentence 1 lit. a DSGVO.
3. transfer of data to third parties
Insofar as this is necessary in accordance with Art. 6 Para. 1 P. 1 lit. b DSGVO for the processing of customer orders with you, your personal data will be passed on 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 (3) DSGVO, to revoke your consent once given to us at any time. This means that we may no longer process the data based on this consent in the future;
-request information about your personal data processed by us in accordance with Art. 15 DSGVO. 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 details;
-demand the correction of inaccurate or incomplete personal data stored by us without delay, in accordance with Art. 16 DSGVO;
-in accordance with Article 17 of the Regulation, request the erasure 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 establishment, exercise or defence of legal claims;
-In accordance with Article 18 of the GDPR, you may request the restriction of the processing of your personal data if you dispute the accuracy of the data, the processing is unlawful, but you object to its erasure and we no longer need the data, but you require it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Article 21 of the GDPR;
-in accordance with Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller and in accordance with Art. 77 DSGVO, to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.
5 Right of objection
Insofar as your personal data is processed on the basis of legitimate interests pursuant to Article 6 (1) sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Article 21 DSGVO, insofar as 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 of Business 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 invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Consumers (§ 13 BGB) have a statutory right of revocation with regard to the purchase of goods online in accordance with the following instructions.
Right of withdrawal for consumers
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (JJ-Motors, Hanebrink 1, Germany, telephone number 01603743548, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. You shall bear the direct costs of returning the goods.
For goods that can be returned normally by post:
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to the following address: JJ-Motors Hanebrink 1, 33397 Rietberg, Germany.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
For goods that cannot be returned normally by post (e.g. spare parts that cannot be sent by parcel post), the following applies:
The direct costs of the return shipment to be borne by you will be estimated at the shipping costs paid as part of the order plus EUR 10.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.