General Terms and Conditions of Sale, Delivery and Payment
1. Vendor and contracting party
Your contracting party for all
orders on our website is
Garage Car Parts
Pro Online Trading Ltd.
89A London Road, LE20PF,
Liecester/UK
Е-Mail: mailto:info@garagecarparts.com
Manager: Gökhan Mert
VAT ID: 331 2109 56
2. Scope of validity and object of the contract
2.1 The following General
Terms and Conditions (“GTC”) apply for account registration and all purchases
of goods by the end customer (“You”) in the www.garagecarparts.com online shop.
2.2 These GTC exclusively
govern the contractual relationship between You and us. Your GTC shall not form
an integral part of the contract, even if we do not explicitly object to their
inclusion.
2.3 These General Terms and
Conditions can be accessed and printed out or downloaded at https://www.garagecarparts.com/terms-conditions
at any time.
3. Registration
3.1 Registration is required
to shop in the online shop. This can be done during the ordering process,
but also independently of an order. After the registration has been completed,
we will set up an account for You, which You can use to manage your customer
data, such as the address for delivery, yourself.
3.2 Only individual natural
persons of legal age with the capacity to enter into contracts (i.e. no
families or couples, for example), legal entities and business partnerships may
register. This requirement also applies to the execution of orders. If a
company is registered as a customer, the individual performing the registration
guarantees that they are authorised to represent the company.
3.3 When registering your
account, You must provide your name, your invoice and delivery address, your
phone number and your email address and choose a password (hereinafter “Login
Data”).
3.4 You submit a binding offer
for the conclusion of the contract relating to the account registration by
sending off the completed registration form. You will be shown a summary of the
data You have entered before the registration form is sent off. You can correct
errors by navigating back to the previous page in the browser and changing your
entries.
3.5 After You have completed
the registration procedure, we will send You a welcome email. Receipt of this
email completes the account registration.
3.6 You guarantee that the
information You have provided to us in the context of the registration is true
and complete. If You provide incorrect or incomplete information, we are
authorised to terminate and delete your account without observing a period of
notice. You engage to communicate all future changes to the information
provided in the context of your registration without prompting and without
delay.
3.7 The account can be
terminated in accordance with Section 12. Your personal data will then be
deleted immediately unless we are allowed to or required to continue to store
them due to statutory provisions. More details can be found in our data privacy
statement.
3.8 Under no circumstances,
are You authorised to disclose your Login Data or, in particular, your login
password to third parties. In the event that a third party obtains access to
your account anyways or You have other indications of abuse of your account,
You must inform us immediately and change your Login Data.
3.9 There is no entitlement to
register or use the online shop. You are not authorised to register on garagecarparts.com
multiple times.
4. Concluding a Purchase Contract
4.1 Contracts for purchasing
products are concluded as follows:
4.1.1 To
commence the ordering process, you are required to firstly put the article you
want into the shopping basket by clicking the relevant button.
4.1.2 Before
the order for the contents of the shopping basket is finally sent, all the
contents of the order are displayed once again. You can then still change it
again. We save your orders after the contract is concluded but you can no
longer call them up. So please check your order carefully before completing
your order.
4.1.3 In the
case of payment methods not linked with immediate payment by you, you make a
binding offer to conclude a purchase contract by clicking the “Buy Now” button
in the shopping basket window screen. Placing products in the online shop is
not a binding offer to conclude a contract. We will confirm receipt of the
order by email. The confirmation email does not yet mean that we have accepted
your offer. The purchase contract is concluded only when shipment of the goods
is confirmed. If you pay for the order placed by making an (electronic) SEPA
credit transfer of the purchase price to our bank account (payment option
["Prepayment"]), only the email confirmation of the order is deemed
to be our declaration of acceptance of the order, not our confirmation of the
shipment.
4.1.4 In the
case of payment methods associated with immediate payment by you such as
PayPal, our offer is available as soon as the products are placed on garagecarparts.com.
You can accept this offer to conclude a purchase contract by clicking the "Buy
Now" button in shopping basket screen.
4.2 You can print out your
ordering data immediately after you send your order. If you wish to inspect the
documents concerning your order again, please contact us by email or telephone.
We will be happy to send you a copy of these data.
4.3 Orders can be changed
before they leave our warehouse or before they are given to a freight
forwarder, i.e. before we issue a shipment number and send confirmation
of the order by email. This does not affect your statutory guarantee rights or
your cancellation rights.
4.4 We also reserve the right
to cancel the contract if the goods are not available from a reliable,
carefully-selected supplier for reasons for which we are not culpably
responsible (reservation of self-delivery). In such cases, we will undertake to
inform you immediately that the goods are not available and reimburse your
payment where appropriate.
5. Substitute Goods
5.1 Substitute goods are goods
on which a deposit has been imposed in the ordering information, e.g.
generators, which you are required to pay additionally when making a purchase.
After receiving substitute goods, please send us the complete defective part or
item from your car back to us and give us your bank account details so that the
deposit can be repaid to you. Old car parts must be sent back to us at your
expense.
5.2 Please make sure that
brake callipers, servo pumps and other power steering equipment have been
completely emptied of liquids. The old parts must be able to be reconditioned
and must not display any cracks or fractures.
5.3 If old parts are returned
showing breaks in their casings/housings or drive shafts or differences in
current ratings (amperage) / performance, the deposit cannot be reimbursed.
5.4 Examples of substitute
goods are:
- servo pumps
- steering systems
- starters
- generators
- brake callipers
- drive shafts
- fuel injectors
- high-pressure pumps
- batteries
6. Shipping and Delivery
Shipping across Great Britain:
We offer free shipping on all
products. If using payment methods like PayPal or credit card you will not
charged with any additional transaction fees.
Delivery time:
Delivery time depends on the product
availability. Please check the availability status on the page of the product
you are interested in. No delivery on public holidays.
7. Transfer of Risk, Transport Risk
The risk of coincidental destruction
and coincidental deterioration of the goods transfers to you when the goods are
given to the person transporting them or when they leave our warehouse for
shipping purposes. The earlier event is the deciding factor.
8. Accepting the Goods/Transport Damage
8.1 Among other things, we use
parcel services to ship your order. Should a consignment of goods you receive
be damaged, please proceed as follows: If possible, complain about the damaged
goods to the parcel service employee directly and document the degree and
extent of the damage. This will neither restrict nor affect your guarantee
rights.
8.2 You can also refuse to
accept damaged goods. If your goods delivered are damaged, please contact us by
telephone, email or personally at the aforementioned addresses. You will thus
help us to enforce our claims against the parcel service and improve our
service to you at the same time.
9. Billing Policy
Purchasing a good from Garage Car Parts constitutes customer’s acceptance of Garage Car Parts billing policy. Following is the billing policy with which all customers must comply:
General Policies
Customers are responsible for keeping all credit/debit card details and contact information current. PayPal payments are accepted so customers are responsible for keeping updated their PayPal accounts. Payment receipts are available to customers.
Payment Options
We accept Paypal only. Other options are not accepted. After you place the order, you will be redirected to PayPal page. Please, log in and make payment. You are not supposed to have a PayPal account. It is accepted to pay by your credit card via PayPal.
Billing Procedure
As soon as the payment is processed the invoice is generated. The transaction date is the date that the product shipped. You will be charged after shipment take place.
Billing Disputes
As a current or prior customer, each customer agrees to provide 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Garage Car Parts receive a chargeback from PayPal, a third-party credit/debit card company or bank on the customer’s behalf before we have been given a chance to resolve the issue, we have the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, Garage Car Parts retains the right to collect on any rendered services or fees that are due. Garage Car Parts will submit any disputed amounts to a collection agency.
10. Retention of Title
10.1 To secure our purchase price
claims against you, we reserve the right of ownership of all goods delivered to
you until the purchase price has been paid in full.
10.2 You are obliged to treat the
goods subject to retention of title with care.
10.3 Before of the secured claims
are paid in full, the goods subject to retention of title may be neither pledged
to third parties nor assigned for purposes of security. You are required to
inform us in writing immediately if and when third parties gain access to goods
belonging to us.
10.4 If you are a merchant, the
following will also apply:
10.4.1 We retain ownership
of all goods until full payment of all our current and future claims arising
from the purchase contract and ongoing business relationships with you has been
made ("secured claims").
10.4.2 If the realisable
value of our securities exceeds the secured claims by more than 10%, we will be
obliged to release the securities at your request. The choice of securities to
be released will be made by us.
10.4.3 The processing or
alteration of the goods supplied by you is carried out for us at all times. If
the goods supplied are processed with other items not belonging to us, we will
acquire joint ownership of the new item to the value of the goods delivered
(final invoice amount including VAT.) as a percentage of the value of the
processed items at the time of processing. The new item that comes into being
as a result of processing will also be subject to the same conditions as for
goods supplied under reservation.
10.4.4 If the goods
supplied are inseparably mixed with other goods not belonging to us, we will
acquire ownership of the new item to the value of the goods supplied (final
invoice amount including VAT) as a percentage of the value of the other mixed
items at the time of mixing. If mixing is carried out in such a way that your
item is to be regarded as the main item, it is deemed to have been agreed that
you will transfer proportional ownership to us. You will store the resulting
sole or joint property for us.
11. Term, Blocking and Termination of the Account
11.1 The contract on account registration
is concluded for an unlimited period.
11.2 You may terminate the contract
on account registration at any time without notice.
11.3 We may duly terminate the
contract on account registration with two weeks' notice.
11.4 The right to terminate the account
for good cause remains unaffected. In particular, we may terminate the contract
on account registration without notice if:
- you provide incorrect or incomplete details at registration,
- you repeatedly breach other contractual obligations and continue to
breach them in spite of being called upon by us to refrain from doing so;
11.5 If we have terminated the
contract, you will not be entitled to have a new account created again,
including under another name or designation.
11.6 All notice of termination must
be given in writing. Terminations by email will comply with this written form
requirement.
12. Warranties
12.1 Unless otherwise stipulated,
your rights in cases of property and legal defects are covered by the
provisions of the law.
12.2 Warranty rights for new items
expire for consumers within two years. In the case of used items, they will
expire within one year following the transfer of risk.
12.3 If a guarantee claim is
submitted, you will at your option be entitled to assert your right to have the
defect remedied or to have defect-free goods delivered (subsequent
performance). If the manner of subsequent performance selected incurs
disproportionately high costs, the claim will be restricted to the remaining
type of subsequent performance. We will inform you of this as appropriate.
12.4 If you claim installation
and/or dismantling costs with regard to the exchange of a new part supplied by
us as a result of liability for quality defects in a workshop, we would ask you
to submit the original invoices, receipts etc., as the workshop service will be
reimbursed for its costs if the guarantee claim is accepted. Please make sure
that the invoice only shows work that is directly connected with remedying the
defect, i.e. no work by external parties on the invoice. Furthermore, the cost
of labour should show a breakdown of the number of hours worked.
12.5 In the case of purchasers which
are companies, liability for defects to used items is ruled out. This will not
apply to gross negligence or intent. In the case of new items, warranty rights
will expire within half a year following transfer of risk.
12.6 For the purposes of clarity
only, we wish to point out that the following circumstances do not justify or
constitute material defects if they are the cause of the defect:
- natural wear and tear;
- improper use;
- absence or incorrect care of the goods;
- unsuitable or improper use;
- incorrect installation, in particular if the part ordered is clearly not the
right one;
- failure to observe instructions for use;
- incorrect treatment/handling.
13. Checking Accuracy of Fit
We wish to point out that in spite
of all care in individual cases, incorrect deliveries may occur. Before
installing a part you have bought at sight, you are therefore obliged to check
by comparing it with the original exchanged part as to whether the part ordered
is actually suitable for your car, for example whether drill-holes and
connections all fit. If the part you have bought differs in dimensions, shape
or material/s from the exchanged original part, please contact us to resolve
the matter further before the part you have bought is installed, adapted or
remodelled, e.g. painted. Your guarantee rights will not be affected by this
provision.
14. Manufacturer's Guaranties
If there is a separate
manufacturer's guarantee to which you may have recourse along with the
warranty, this will be shown in each product description. This guarantee
applies only to each product and your claims will be based on the guarantee
conditions of the manufacturer and addressed to this manufacturer only.
15. Liability of the Vendor for Damages
15.1 We will be liable without
restriction for intent, gross negligence and in cases of harm to life, limb and
health.
15.2 In cases of minor negligence,
we will be liable in cases where an essential contractual obligation has been
breached. An essential contractual obligation within the meaning of this Number
is an obligation whose fulfilment enables the performance of this contract at
all and on whose fulfilment the contractual partner may therefore regularly
rely.
15.3 In the event of No. 16.2 above,
we will not be liable for any lack of commercial success, loss of profits or
indirect damage.
15.4 Liability in accordance with
No. 16.2 above is limited to typical damage foreseeable at the time the
contract was concluded.
15.5 The liability restrictions
apply in the favour of our employees, representatives and vicarious agents
correspondingly.
15.6 Any liability for guarantees
given by us and for claims based on the UK Product Liability Act remains
unaffected.
15.7 Otherwise, any other liability
on our part is ruled out.
16. Online Dispute-Resolution: Information further to
Section 14, Subsection 1, Regulation 2013/524/EU Mediation for Consumers
The European Commission provides a
platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Our company is basically neither prepared nor obliged to
participate in dispute resolution proceedings before a consumer arbitration
body.
17. Final Provisions
17.1 This agreement is governed by
the laws of the UK to the exclusion of the provisions of the UN Convention on
the International Sale of Goods. This does not apply to consumers with regard
to those provisions compulsorily applicable in law which would be applicable
without this clause, i.e. usually of the country in which consumers have their
principal residence, and from which no deviations may be made by agreement.
17.2 The sole place of jurisdiction
for all disputes arising from or associated with this agreement is Liecester,
provided the parties to this agreement are merchants or have no general place
of jurisdiction in UK, another EU member state or which have transferred their
permanent abode abroad after these conditions of use came into force or whose
domicile or usual place of residence is unknown when legal action is brought.
17.3 We are entitled to amend or
adapt these conditions during the term of this agreement with effect for the
future if this becomes necessary for a compulsory reason such as court
decisions or legislative amendments. We will send you the amended conditions in
text form before the date the planned date of their entry into force and will
in particular point out the new provisions and the date they enter into force.
Simultaneously, we will give you an appropriate deadline period of at least
four (4) weeks to declare whether you accept the amended conditions of use for
your continued use of our services. If no declaration is made within this
deadline period, which will commence as from your receipt of the message in
text form, the amended conditions will be deemed to have been agreed. We will
inform you separately of this legal consequence when the deadline period
begins, i.e. of the deadline period for objections and the significance of your
silence. This amendment mechanism does not apply to amendments to the parties'
contractual main service obligations.
17.4 The legal invalidity of
individual provisions does not affect the binding nature of the remaining clauses.
17.5 The language of this agreement
is English.
Liecester, 01 Apr 2020