Table of contents

1. scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for processing goods according to specific customer specifications
9. Special conditions for assembly/installation services
10. Special conditions for repair services
11. Redeeming promotional vouchers
12. Redemption of gift vouchers
13. Applicable Law
14. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Marcel Salwender, trading under “SMParts.” (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make the offer to the seller by telephone or email.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select the payment method “PayPal Express”, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Only the German language is available for concluding the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If you select the payment method “PayPal Credit” (payment in installments via PayPal), the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal Credit” in the event of a negative check result. If the payment method “PayPal Credit” is permitted by PayPal, the customer must pay the invoice amount to PayPal under the conditions specified by the seller, which are communicated to him in the seller’s online shop. In this case, he can only make payments to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes.

5) Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with 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 will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.

5.4 Vouchers are provided to the customer as follows:

• by email
• by post

6) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, shortening the limitation period to one year does not apply

• for items that were used for a building in accordance with their normal use and caused its defects,
• for claims for damages and reimbursement of expenses by the customer, as well
• in the event that the seller has fraudulently concealed the defect.

7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Special conditions for processing goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must provide the operator with all the content required for processing, such as texts, images or graphics, in the file formats, formatting, image specified by the operator - and file sizes and to grant him the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

8.2 The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

9) Special conditions for assembly/installation services

If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods at the customer's site and, if necessary, corresponding preparatory measures (e.g. measurements), the following applies:

9.1 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.

9.2 The customer must provide the seller with the information required to provide the service owed completely and truthfully, provided that obtaining it does not fall within the seller's scope of duties according to the content of the contract.

9.3 The seller will contact the customer after conclusion of the contract to arrange an appointment for the service owed. The customer ensures that the seller or the staff commissioned by the seller has access to the customer's relevant facilities on the agreed date.

10) Special conditions for repair services

If the seller owes the repair of an item belonging to the customer according to the content of the contract, the following applies:

10.1 Repair services are provided at the seller's headquarters.

10.2 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.

10.3 The customer must provide the seller with all information necessary to repair the item, provided that obtaining it does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the identified error.

10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of damage during transport and to conceal the contents of the packaging. The seller will immediately inform the customer of any obvious transport damage so that the customer can assert any rights they may have against the transporter.

10.5 The item will be returned at the customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.

10.6 The customer can also take the item to be repaired to the seller's headquarters and pick it up again if this is stated in the seller's service description or if the parties have made a corresponding agreement on this. In this case, the above regulations regarding the assumption of costs and risks when shipping and returning the item apply accordingly.

10.7 The aforementioned regulations do not limit the customer's statutory defect rights in the event of purchasing goods from the seller.

10.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

11) Redeeming promotional vouchers

11.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

11.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

11.5 Multiple promotional vouchers can be redeemed with one order.

11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

11.7 If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to settle the difference.

11.8 The balance of a promotional voucher will neither be paid out in cash nor interest.

11.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

11.10 The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

12) Gift Certificate Redemption

12.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

12.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

12.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

12.4 Multiple gift vouchers can also be redeemed with one order.

12.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

12.7 The balance of a gift voucher will neither be paid out in cash nor interest.

12.8 The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

13) Applicable Law

13.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.