Conditions

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic Provisions

(1)  The following terms and conditions apply to all contracts that you conclude with us as a supplier (Hanifa Boukhada) via the Auto-Trade.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.

(2) A  consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The  subject of the contract is the sale of goods.

We sell the goods partially or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. We are contractual partners with all rights and obligations regardless of this.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2)  Your inquiries to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(3)  The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention , Retention of Title

(1)  You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2)   The goods remain our property until the purchase price has been paid in full.

(3)   If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 4 Warranty

(1)  The statutory warranty rights apply.

(2)  In the case of used items, the warranty period is one year from delivery of the item, contrary to the statutory regulation. The shortening of the deadline does not apply:

– culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.

(3)  As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(4)  If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)   Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b)   In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c)   The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

– culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the event of legal recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law

(1)   German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2)   The provisions of the UN Sales Convention expressly do not apply.


II. Customer information 

1. Identity of the seller

Hanifa Boukhada
An der Brunnenstube 31
55120 Mainz
Germany
Telephone: 061315400500
E-Mail: info@auto-trade.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at  https://ec.europa.eu/odr .

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser’s print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.

3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which you must bear. You also have to bear any costs incurred for transferring money in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.

5.4. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights 

The liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at:  https://www.haendlerbund.de/agb-service .

last update: 07.12.2017