GENERAL TRADING CONDITIONS OF THE ONLINESHOPS SIMPARTS.DE
1. General information
All achievements, which are furnished by the Onlineshop for the customer, take place exclusively up the basis of the following general trading conditions. Deviating one Regulations have validity only if they were agreed between Onlineshop and customer in writing.
To the contract conclusion with the Onlineshop only persons are entitled, at age of 18. at the time of the contract conclusion in their legal competency are limited. a) The offers of the Onlineshops in the InterNet are a noncommittal request at the customers, to order in the Onlineshop goods. b) The customer delivers a binding offer on conclusion of a sales contract, if he goods in the InterNet orders. c) The Onlineshop is entitled, this offer within 5 calender dates by forwarding to assume a confirmation of order. The confirmation of order takes place via email. After the offer is considered to unanswered operational sequence of the 5-Tages-Frist as rejected.
3. Revocation instruction
Right of revocation: The customer knows his contract explanation within two weeks without indication of Reasons in text form (e.g. by letter, E-Mail, fax) or by return of the thing on the Onlineshop recall. The period begins at the earliest with entrance of the commodity and not forwards Receipt of this instruction. For keeping the punctual sending off meets the period of revocation the revocation or the thing. The revocation by return of the commodity is to arrange on:
Company: simsystems GmbH
Road: Alfred-Klingele-Straße 41
Postal code: 73630 Remshalden
Fax No.: 07151/3691088
InterNet address: www.simparts.de
Revocation sequences: In the case of an effective revocation by the customer are on both sides received To refund achievements and uses if necessary pulled (e.g. for the use that To give change thing a use fee). Do not know you the received achievement totally or partly or only in worsened Condition you refund, must for the Onlineshop to that extent if necessary to indemnification according to value carry out. During the hiring of things this does not apply, if the degradation of the thing exclusively on their examination - like it you for instance been in the ladengeschaeft possible would be - to lead back is. In all other respects you can avoid the indemnification according to value obligation, by them the thing not as Owners in use take and everything omitted, which impair their value can. Things package-capable of being shipped are to be sent back. They have to bear the cost of the return, if the supplied commodity of the ordered corresponds and if the price of the thing an amount of 40 EUR, which can be sent back does not exceed. Otherwise the return for you is free. Not things package-capable of being shipped are fetched with you. Obligations for refunding of Payments must you within 30 days after sending off of your widerrufserklaerung fulfill. Exclusion of the revocation: The right of revocation does not exist with remote paragraph contracts for the supply of goods, those after kundenspezifikation to be made or clearly on the personal Needs are cut or due to their condition not for one Return are suitable or fast to spoil can or their date of expiry one exceeded, as well as for the supply of audio or videoaufzeichnungen or of Software, if the supplied data media were unsealed by the consumer. 4. Delivery times All articles become immediately, if from stock available and only so long the supply is enough, delivered. The supply takes place only within Germany. The delivery time amounts to usually 7 Working-days and begins with the dispatch of the confirmation of order. The indication of the delivery time is noncommittal, it is, it gives differently reading written agreement. If an article should not be at short notice available, we inform you by E-Mail about too expecting delivery time, if us an address of you is present. Some articles have a longer delivery time (z.B.Throttle building-corrode, special panels etc.. These can be taken from the description of goods). With lieferungsverzoegerungen, e.g. by higher force, obstructions of traffic and Orders of high hand as well as other of the Onlineshop those which can not be represented Events, no claim for damages can be raised against the Onlineshop.
5. Packing and forwarding expenses
For supply within Germany and packing costs the Onlineshop computes one proportionate lumped sum after delivery type, independently of the number and the weight the article. With orders with a purchase order value over 500 EUR we supply within Germany forwarding expenses-free (of it excluded are feeds through Forwarding business). When desired the customer can also express supplies be accomplished. With it the customer bears developing additional cost.
6. Prices and payment
6.1 all indicated prices is end prices, those the legal value added tax from at present 19% contain.
6.2 the end prices does not contain the costs of packing and dispatch.
6.3 by the constant actualization of the InterNet sides of the Onlineshops, loses to an earlier Time made data concerning price and condition of the commodity their validity. Due to deveopment reasons it may occur, that pictures of the shown products differ to the delivered good.
6.4 the proven price at the time of the delivery of the offer of the customer is for those Rendering of invoice considerably.
6.5 the payment of the goods takes place on vorkasse, cash on delivery and calculation. Exceptions have validity only if they were agreed upon in writing between the Onlineshop and the customer. is committed to
6.6 the customer, the invoice amount within 14 days after receipt of the commodity to settle.
6.7 is not the customer of its payment obligation at expiration of the period specified in paragraph 6 followed, then the Onlineshop reserves itself the right, from this developing to charge for additional reminding and handling charges the customer.
6.8 equipment the customer with the payment in delay, then the Onlineshop is justified, interests in to make valid legally prescribed height. The right of the Onlineshops, possibly large claims for damages to make valid, remains of it unaffected.
7. Retention of title
Up to the complete payment the ordered goods remain property of the Onlineshops (retention of title after §§ 158, 449 BGB). Before transfer of title is an order and/or verpfaendung, transfer by way of security, processing or transformation of the goods without express consent of the Onlineshops illegally.
8.1 the requirements of the customer against the Onlineshop, justified from a lack of the commodity depend on the laws. commits itself to
8.2 the customer to examine the commodity with receipt for any lack and with statement of such immediately the Onlineshop over it in knowledge too set. The customer should state at a later time that the commodity unsatisfactorily is, then it is obligated to inform the Onlineshop immediately after discovery of the same. If it omits the customer indicating a lack the commodity is considered as authorized.
8.3 as lack of the commodity does not count damage, those the customer by inappropriate or treatment contrary to the terms of the agreement caused. Decisive for the inappropriateness and Contrary to the terms of the agreementness are the data of the manufacturer of the commodity.
9. Limitation of liability
As far as below nothing different one results, are large requirements of the customer, equivalent from which arguments, impossible. The Onlineshop does not cling therefore for damage, which did not develop at the delivery article; in particular clings Onlineshop not for the escaped profit or for other financial damages of the Customer. As far as the contractual adhesion excluded from the Onlineshop or limits is, this applies to the personal adhesion of employees, representatives and Executing aide. Managing limitation of liability does not apply, so far the cause of the damage on resolution or is based to rough negligence or a personal injury is present. Furthermore it applies then not, if the orderer makes legally regulated requirements valid. The regulations of the product liability law remain of it unaffected. If that Onlineshop negligently a contract-substantial obligation hurt, is the obligation to indemnify for Damages to property to the typically developing damage limits. If the Nacherfuellung took place in the way of the replacement, the orderer is obligated to it, the commodity within 30 days at the Onlineshop at expense of the same, supplied first to send back. The return of the unsatisfactory commodity has according to the laws too take place. The Onlineshop reserves itself, under the legally regulated conditions To make valid payment of damages. The period of limitation amounts to two years. Commencement of a term takes place with supply of the thing.
10. Data security
The data conveyed by the customer become from the Onlineshop exclusive Completion of the orders uses. All data are strictly confidentially treated. A passing on of the data third (e.g. dispatch services) takes place on only, if this for those Job execution is necessary. The order data are coded and secured transferred, we take over however no adhesion for data security during these Transmissions over the InterNet (e.g. because of technical errors of the Providers) or for possible criminal access of third to files our InterNet operational readiness level. Entrance data for the Kundenlogin, which conveys when desired the customer at these become, there of the customer we are not any responsibility strictly confidentially to treat for the use and use of these data take over.
All represented Fremdlogos, pictures and diagrams are property of the appropriate companies and are subject to the copyright of the appropriate licensers. All on these sides represented photos, Logos, texts, reports, Scripte and programming routines, which Self-developments from us are or by us were prepared, may not not without ours Agreement to be copied or otherwise used. All rights reserve.
12. links on this page
With judgement from 12 May 1998 - 312 O 85/98 - "responibility for linked pages" the regional court Hamburg has decided that the owner of homepages is also responsable for linked pages This can be prevented - so the LG - only by the fact that the owner dissociates himself expressly of these contents . Hereby We dissociate ourselves therefore expressly of all contents of all linkes sites on these homepage. This Explanation applies to all on our InterNet sides attached left.
13. comercial use
All products offered are for non commercial use only. For commercial use simsystems will charge a licence fee, that includes a higher service level for our PRO customer. For more information please contact simsystemspro @ simsystems.de
court of jurisdiction
14.1 court of jurisdiction is STUTTGART, GERMANY
14.2 on all disputes, which possibly result from this legal relationship, are to use German right. The use of UN Kaufrecht is excluded.
15. Validity of T§C
With an order the general trading conditions of the Onlineshops are recognized. A determination of these general trading conditions should, from which reason , also always futile its, the validity of the remaining regulations remains of it unaffected. Verbal arrangements require the written confirmation.
Stuttgart, 06.12.2007 gez. Joerg Weinmann