Standard Business Terms and customer information
§ 1 Basic Provisions
(1) These General Terms and Conditions apply to contracts concluded between you and us, Renegade Station Niebling&Bub Automobil-Handel GmbH, as the seller, via our website www.renegade-station.de.
Unless expressly agreed otherwise, any terms and conditions provided by you shall not apply.
(2) A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.
A business customer (entrepreneur) is any natural or legal person or partnership with legal capacity acting in the course of their trade, business or independent professional activity when entering into a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods, in particular vehicle parts, spare parts, accessories and, where offered, vouchers.
(2) By listing a product in our online shop, we make a binding offer to conclude a purchase contract under the conditions stated in the respective product description.
(3) The contract is concluded through the online shopping cart system as follows:
Products intended for purchase are placed in the shopping cart. You can access the shopping cart at any time using the corresponding button and make changes to its contents.
After proceeding to checkout and entering the required personal information, payment details and shipping information, an order summary will be displayed.
Before submitting your order, you have the opportunity to review and correct all information or cancel the ordering process.
By submitting your order using the final button clearly indicating an obligation to pay, you legally accept our offer. The purchase contract is thereby concluded.
When using an external payment service provider, you may be redirected to the provider's website. The submission of the binding order and the conclusion of the contract follow the procedure displayed in the respective checkout process.
(4) Requests for individual quotations are non-binding.
Where applicable, we will provide you with a binding offer in text form, for example by email. Unless a different acceptance period is specified in the offer, you may accept it within five days.
(5) Order processing and the transmission of information required in connection with the conclusion of the contract are carried out by email, partly through automated processes.
Please ensure that the email address you provide is correct and that you can receive emails from us.
§ 3 Payment Conditions
(1) The available payment methods are displayed in our online shop and, at the latest, during the ordering process.
(2) Depending on the selected payment method, payments may be processed by external payment service providers. The available payment options and any additional applicable conditions are displayed during the payment process.
(3) Certain payment methods, particularly payment by invoice or instalments, may be subject to approval by the respective payment service provider, including a creditworthiness assessment. You will be informed accordingly during the relevant payment process.
(4) Unless otherwise specified for the selected payment method, the purchase price is due upon conclusion of the contract.
(5) The customer's statutory rights, particularly in the event of defective goods or a valid withdrawal from the contract, remain unaffected by the selected payment method.
§ 4 Right of Retention and Retention of Title
(1) The goods remain our property until the purchase price has been paid in full.
(2) The following additional provisions apply to business customers:
a) We retain ownership of the goods until all outstanding claims arising from the ongoing business relationship have been settled in full.
b) You are entitled to resell goods subject to retention of title in the ordinary course of business.
You hereby assign to us all claims arising from such resale up to the amount of the respective invoice. We accept this assignment.
You remain authorised to collect these claims as long as you properly fulfil your payment obligations.
c) If goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the resulting item in proportion to the invoice value of the goods subject to retention of title compared with the value of the other items at the time of processing.
d) Upon your request, we undertake to release securities held by us insofar as their realisable value exceeds the secured claims by more than ten percent.
We reserve the right to select which securities are released.
(3) Statutory rights of retention remain unaffected.
§ 5 Statutory Rights in the Event of Defects
(1) The statutory rights in the event of defects apply.
(2) For new goods purchased by consumers, the statutory limitation periods for claims arising from defects apply.
(3) For used goods purchased by consumers, the limitation period for claims arising from defects may be reduced to one year from delivery, provided that the consumer was specifically informed of this reduction before submitting their contractual declaration and that the reduction was expressly and separately agreed upon in the contract.
Merely including this provision in the General Terms and Conditions does not constitute such a separate agreement.
(4) The reduction described in paragraph 3 does not apply to claims arising from injury to life, body or health, damage caused intentionally or through gross negligence, or cases in which we have fraudulently concealed a defect or assumed a guarantee concerning the condition of the goods.
Mandatory statutory provisions remain unaffected.
(5) Consumers are requested to inspect the goods upon receipt for completeness, visible defects and transport damage and to notify us of any complaints as soon as reasonably possible.
Failure to inspect or report such issues does not affect the consumer's statutory rights in the event of defects.
(6) Deviations of individual characteristics of goods from the objective requirements for conformity may only be validly agreed with consumers if the consumer was specifically informed of the particular deviation before submitting their contractual declaration and expressly and separately agreed to it.
(7) In the event of subsequent performance under the statutory provisions, consumers generally have the statutory right to choose between repair and replacement.
Before subsequent performance is carried out, we inform consumers of this right and of the fact that, where subsequent performance is provided by repair, the original limitation period for claims arising from defects is extended once by twelve months in accordance with Section 475e (5) of the German Civil Code (BGB).
The statutory provisions concerning subsequent performance, allocation of costs and further rights in the event of defects remain unaffected.
(8) The following additional provisions apply to business customers insofar as legally permissible:
a) The agreed characteristics of the goods are primarily determined by our own specifications and the agreed product description.
b) In the event of defects, we may initially choose between remedying the defect and providing replacement goods.
The buyer's further statutory rights remain unaffected, subject to the applicable statutory requirements.
c) The limitation period for claims arising from defects in sales contracts with business customers is generally one year from delivery of the goods.
This reduction does not apply where a defect has been fraudulently concealed, a guarantee concerning the condition of the goods has been assumed, claims arise from intentional or grossly negligent breaches of duty, claims concern injury to life, body or health, or mandatory statutory provisions prescribe longer limitation periods.
Statutory rights of recourse remain unaffected.
d) Commercial buyers are subject to the statutory duties of inspection and notification of defects, particularly pursuant to Section 377 of the German Commercial Code (HGB).
§ 6 Return of Exchange Parts and Core Deposits
(1) Where expressly stated in the respective product listing, a refundable core deposit is charged in addition to the purchase price.
The amount of the core deposit is displayed separately for the relevant product and included in the total amount payable before the order is completed.
(2) The core deposit is intended to secure the return of a suitable, equivalent used part, particularly in connection with exchange or remanufactured parts.
The core deposit must be paid together with the purchase price unless otherwise specified in the respective product offer.
If a suitable, equivalent used part is transferred to us before the purchased goods are dispatched and we accept that part as suitable, the core deposit may be waived by separate agreement.
(3) To qualify for a contractual refund of the core deposit, the equivalent used part must be returned to us within seven calendar days after receipt of the purchased goods.
The return period begins on the day following receipt of the purchased goods.
Dispatching the used part within the seven-day period is sufficient to meet the deadline.
If you are unable to return the used part within this period, you may contact us before the deadline to arrange an individual extension.
If the used part is dispatched after the deadline without an agreed extension, we may refuse the contractual core deposit refund, unless statutory rights require otherwise.
(4) The returned used part must be equivalent to the original part and suitable for the intended remanufacturing process.
Unless otherwise stated in the respective product listing, the following conditions apply:
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The housing must not have cracks, fractures or other significant damage that would prevent remanufacturing.
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Original components required for the intended remanufacturing process must not be missing.
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The returned part must correspond to the part type specified in the respective product listing.
Any additional or different product-specific return requirements will be expressly communicated in the respective product listing before conclusion of the contract.
(5) Upon receipt of the used part, we will inspect it to determine whether the agreed conditions for a core deposit refund have been met.
If a suitable used part is returned correctly and within the specified period, we will refund the core deposit without undue delay and no later than 14 days after receipt of the suitable used part.
Refunds will generally be issued using the original payment method unless otherwise agreed.
(6) If the returned used part does not meet the agreed return requirements, we will inform you of the identified discrepancies.
We will coordinate with you whether the unsuitable part should be returned or whether another arrangement can be agreed upon.
In such cases, the core deposit will be refunded only to the extent that the agreed conditions have been met or statutory rights require a refund.
(7) The customer bears the costs of returning the used part unless otherwise agreed in the respective product listing.
The used part must be securely packaged for transportation.
The original packaging of the delivered product or other packaging providing equivalent protection may be used.
Returning the used part exclusively in its original packaging is not required.
(8) These provisions apply exclusively to the contractual return of used exchange parts and the refund of core deposits.
The statutory right of withdrawal, statutory provisions concerning the reversal of a withdrawn contract and all statutory rights in the event of defects remain unaffected.
§ 7 Choice of Law and Jurisdiction
(1) German law applies.
For consumers, this choice of law applies only insofar as it does not deprive them of the protection provided by mandatory legal provisions of the country in which they have their habitual residence.
(2) For contracts with merchants, legal entities under public law or special funds under public law, our registered place of business shall be the place of jurisdiction insofar as legally permissible.
The right to bring proceedings before another court having jurisdiction under applicable law remains unaffected.
(3) The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
II. Customer Information
1. Identity of the Seller
Renegade Station Niebling&Bub Automobil-Handel GmbH
Sudetenstr. 23
36129 Gersfeld
Germany
Phone: +49 (0)6654 917240
Email: info@renegade-station.de
Commercial Register: Local Court of Fulda (Amtsgericht Fulda)
Registration Number: HRB 1608
VAT Identification Number: DE195715743
2. Consumer Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
3. Information on the Conclusion of the Contract
The technical steps required to conclude the contract, the conclusion of the contract itself and the available options for correcting input errors are described in Section 2 of these General Terms and Conditions.
4. Contract Language and Storage of Contract Terms
(1) The contract language is English.
(2) Following completion of the order, the complete contract text is not permanently accessible to the customer through the online shop.
(3) Before submitting the order, the contractual information can be printed or saved electronically using the browser's print or save function.
(4) After receiving your order, we will provide you with the order details, the legally required information for distance selling contracts and these General Terms and Conditions on a durable medium, particularly by email.
(5) For individual quotation requests outside the online shopping cart system, the relevant contractual information will be provided as part of the offer in text form, for example by email.
5. Essential Characteristics of the Goods
The essential characteristics of the goods offered are described in the respective product listings.
For used spare parts, the condition of the goods and any known deviations relevant to their conformity are stated in the respective product descriptions.
For exchange parts subject to a core deposit, the deposit amount and the applicable return requirements are communicated in the respective product listing.
6. Prices and Payment Arrangements
(1) The prices displayed in the respective product listings are total prices and include all applicable statutory taxes, unless a different presentation is permitted by law.
(2) Any additional shipping costs are stated in the respective product listing or in the linked shipping information and communicated before completion of the order.
(3) Deliveries to countries outside the European Union may be subject to additional costs, including import duties, taxes or fees not charged by us.
(4) Available payment methods are displayed in the online shop and during the ordering process.
(5) Unless otherwise specified for the respective payment method, payment is due upon conclusion of the contract.
(6) For products subject to a core deposit, the deposit amount is displayed separately from the product price and included in the total amount shown before completion of the order.
7. Delivery Conditions
(1) Available delivery destinations, delivery times, shipping costs and any applicable delivery restrictions are stated in the respective product listing or in the shipping information.
(2) Unless otherwise stated in the respective product listing, the delivery times specified there or on our shipping information page apply.
(3) For consumers, the risk of accidental loss or accidental deterioration of the goods during transportation generally passes to the consumer only when the goods are handed over to the consumer or an authorised recipient.
This does not apply if the consumer independently commissions a carrier who was not previously designated by us.
(4) For contracts with business customers, the statutory provisions concerning the transfer of risk apply, particularly those governing sales involving shipment.
8. Vouchers
(1) Where vouchers are offered for purchase through our online shop, the general provisions concerning the conclusion of the contract apply to their purchase.
(2) The voucher terms and conditions published on our website additionally apply to the redemption of vouchers.
(3) The customer's statutory rights, particularly any applicable statutory right of withdrawal in connection with the purchase of vouchers, remain unaffected.
9. Statutory Right of Withdrawal
Consumers generally have a statutory right of withdrawal from distance selling contracts unless a statutory exclusion applies.
Details concerning the conditions, periods, exercise and consequences of withdrawal are provided in our separate Right of Withdrawal Policy.
Where required by law, consumers can additionally exercise their statutory right of withdrawal using the electronic withdrawal function available on our website.
The withdrawal function can be accessed using the button labelled "Vertrag widerrufen" (Withdraw from Contract).
The statutory right to declare withdrawal by other permitted means remains unaffected.
10. Statutory Rights in the Event of Defects
The statutory rights in the event of defects apply.
For consumers, the relevant provisions include Sections 434 et seq. and 474 et seq. of the German Civil Code (BGB).
For new goods, the statutory limitation period for claims arising from defects is generally two years from delivery unless different statutory provisions apply.
The provisions concerning statutory rights in the event of defects set out in Section 5 of these General Terms and Conditions also apply.
11. Voluntary Commercial Guarantees
Where voluntary manufacturer guarantees or other commercial guarantees are provided for individual products, their scope and conditions are specified in the respective guarantee information.
Statutory rights in the event of defects are not restricted by any voluntary commercial guarantee.