General Terms and Conditions

A. General terms and conditions for distance contracts with consumers and entrepreneurs

§ 1 General provisions

1. KFZ Werkstatt Poellka GmbH & Co KG, hereinafter referred to as user, offers customers (consumers and entrepreneurs) through this webshop automotive parts and accessories.
   
   The contract comes with:
   
   KFZ Werkstatt Poellka GmbH & Co KG,
   represented by the Poellka Verwaltungs-GmbH,
   these are represented by the managing director Bruno Poellka,
   Steenbreede 13
   46348 Raesfeld
   Germany
2. The following provisions apply to all contracts between the user and the customer, which are concluded via the merchandise shop system of this user's webshop. Decisive is the valid version at the time of the conclusion of the contract. Conflicting conditions of purchase of commercial customers require the express written approval on the part of the user for their validity.

§ 2 Details on the conclusion of the contract / technical steps to conclude the contract

1. The discontinued items are binding offers of the user towards the customer for the conclusion of a purchase contract regarding the goods as described in the item description.
2. A contract with the customer comes about as follows:
   
   Select the products you want to order by clicking the "Add to shopping cart" button. This will put your selection in the cart.
   
   The shopping cart will then be opened and the content displayed. You can remove items via the button "X" from the shopping cart. By clicking on the button "Edit shopping cart" you can edit the cart and delete and / or add articles. With the button "Proceed to checkout" you can select more articles and proceed accordingly or by clicking the button "Checkout" with the current content of the shopping cart to the next order step.
   
   
   • If you already have a customer account, please log in with your eMail address and your password.
   • If you do not yet have a customer account, you must register as a new customer, either with or without a customer account, before you can continue the order. To do so, please enter your personal data such as, in particular, billing and if applicable. deviating delivery address.
   With the button "Next" you get on to the next order step.
   
   There you can choose from the offered payment methods the desired type and select the shipping method.
   
   Click "Next" to continue to the next order step.
   
   Insofar as you have selected an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Postpay, Sofortüberweisung) as the payment method, you will either be directed to the order overview page or you will first be forwarded to the Internet site of the provider of the instant payment system.
   
   If the forwarding to the respective instant payment system takes place, you make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
   
   You will then receive an overview of your order, in particular the selected items, the billing and delivery address and your contact details. The billing address can be changed there or a different delivery address can be added.
   
   You have the option to correct / change the content of the shopping cart as well as your information by either deleting the respective article via the "X" button or by using the "Back" function of your browser to return to the respective pages where you provided your information and you can cancel the order process when you close the browser.
   
   If all information is correct, you have taken notice of the cancellation policy and confirmed the notice of the terms and conditions by ticking the checkbox, you can submit your binding order to the user by clicking on the button "order now".
   
   With this order, you declare to the user the legally binding acceptance and the purchase contract has been concluded. In the next step you can print the order via the button "order confirmation now!" print, or save or return to the shop area via the "Back to Shop" button.
   
   The confirmation of the receipt of your order follows immediately after sending the order by the user via automatic email. This eMail again contains all important contract data as well as the applicable terms and conditions.

§ 3 Withdrawal

Details on the right of withdrawal can be found under the "right of revocation" button.

§ 4 Prices, delivery and shipping costs

1. The prices quoted in the offers are total prices, i.e. they include the sales tax and other price components. For deliveries to countries other than the Federal Republic of Germany, additional taxes, customs duties and / or costs may be incurred, which are not included in the prices and are not payable to the user. These are to be borne by the customer.
2. Unless otherwise agreed in individual cases, the prices apply without packaging, freight, postage and - if the customer is an entrepreneur - insurance. If the items are shipped to him at the request of the customer, therefore, additional shipping and delivery costs. Details on shipping costs and delivery can be found within the ordering process, under the "Shipping methods" link and under the "Shipping and payment terms" button for each individual item.
3. The customer assures that he has given the correct and complete delivery address. Should it come due to incorrect address data to additional costs in the shipment - such as recurring shipping costs - so the customer has to replace them, if he culpably did not specify the correct address.

§ 5 Payment methods and terms

1. The payment methods apply, as listed in connection with the specific offer, from which the customer can choose.
2. The invoice amount is payable immediately without deduction.
3. By selecting the payment method offered by "PayPal", the customer agrees to the transmission of data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, as well as the execution of credit checks by PayPal to be determined credit bureaus to be determined. Detailed information on this and the credit bureaus used the customer can find in the privacy policy of PayPal at the URL https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE.

§ 6 Retention of title

Until full payment of the goods this property remains the user.

§ 7 Delivery and shipping conditions

1. The delivery of the articles takes place via the dispatch way into the countries specified by the user or, if specified in the offer, by self-pickup of the customer with the user.
   
   The estimated delivery time results from the information provided by the user within the item description.
2. Partial deliveries are only permitted if they are reasonable for the customer or if the customer has expressly agreed. Unacceptable are, for example, partial deliveries of a uniform object of purchase. Partial deliveries have no influence on the rights of the customer due to performance disruptions.
3. The risk of accidental loss and accidental deterioration of the sold item is transferred to entrepreneurs with the transfer to them or a person entitled to receive, in the case of dispatch sale already with the delivery of the goods to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the goods sold goes always with the transfer of the goods to the consumer on this. With regard to the assumption of risk, it is the same for the transfer, if the customer is in default of acceptance.

§ 8 Legal liability for defects

For the goods offered by us, the statutory warranty rights exist. For offered used items, the warranty period is 12 months. Any claims for damages of the customer remain unaffected by this regulation. Statutory warranty claims of the customer are not limited by any guarantees.

§ 9 Liability

1. The user of the goods is liable for damages resulting from injury to life, limb or health, which are based on their negligent breach of duty or a willful or negligent breach of duty by one of their legal representatives or vicarious agents. Furthermore, the user of the goods is liable for other damages that are based on an intentional or grossly negligent breach of duty by her or on an intentional or grossly negligent breach of duty by one of her legal representatives or vicarious agents. In addition, the user of the goods is fully liable for damages that are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, in case of guaranteed quality or in cases of malice.
2. Outside the liability for intent and gross negligence, the user of the goods is liable for the breach of such contractual obligations, the compliance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). In this case, however, the liability is limited to the contract-typical foreseeable damage. Furthermore, the liability is also excluded for indirect or consequential damages, if these are not foreseeable.
3. For the slightly negligent breach of other contractual obligations, which are not cardinal obligations, the user is not liable to entrepreneurs. In this case, the liability to consumers is limited to the contract-typical foreseeable damage, whereby no liability for unforeseeable indirect or consequential damages exists.

§ 10 Final Provisions

1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection afforded by mandatory consumer protection provisions of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply. The contract language is German.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of the user. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

B. Customer information for consumers

1. The contract comes with:
   
   KFZ Werkstatt Poellka GmbH & Co KG,
   represented by the Poellka Verwaltungs-GmbH,
   these are represented by the managing director Bruno Poellka,
   Steenbreede 13
   46348 Raesfeld
   Germany
2. The user is not subject to special codes of conduct. The essential characteristics of the goods or services as well as any limitation on the validity of the information provided are to be taken from the respective offer of the seller. The textual description is in doubt of the pictorial representation.
3. Details of the contract, in particular to the existence or non-existence of a right of revocation and its conditions and exercise - name and address of the revocation addressees and the legal consequences of revocation - and to warranty conditions result from the information provided by the user within the separately retrievable cancellation policy or these terms and conditions.
4. The customer can check his entries on the concluding overview / confirmation page, again for possible errors. By clicking the "Back" button of his browser, the customer can return to the previous page and correct any input errors.
5. The contract is concluded by offer and acceptance. The individual technical steps to be taken to conclude the contract can be found in detail under no. 2 of these General Terms and Conditions.
6. Information on the existence of the statutory warranty rights for the goods offered can be found under no. 8 of these terms and conditions.
7. The contract text is not saved by the user. The text of the contract can be saved or printed by the customer before placing an order by using the appropriate browser function and called up via the "My Account" function. The specific order data as well as these general terms and conditions (GTC) are sent to the customer by e-mail and can be archived by the customer accordingly by e-mail or printed.
8. The contract language is German.
9. Customer information on online dispute resolution: By the EU Commission is under the linkhttps://ec.europa.eu/consumers/odr/ an online platform ("OS platform") for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. Our e-mail address: info@poellka.com. We are neither obligated nor willing to participate in a dispute resolution procedure.

C. Notes on data protection

Details on privacy can be found under the "Privacy" button.

D. Notes on the battery law and electrical law

Notes on the battery law

In connection with the distribution of batteries and accumulators, we are obliged as a dealer in accordance with § 18 para 1 Battery Act, you as a customer to refer to the following:

You are legally obliged to return used batteries and old batteries. You can return them after use free of charge in our sales outlet specified in this offer, in a municipal collection point or in the local trade. Contaminated batteries are marked with a symbol consisting of a crossed-out wheeled bin and the chemical symbol (Cd, Hg or Pb) of the heavy metal that determines its classification as pollutant. Batteries containing more than 0.0005% by mass of mercury (Hg), more than 0.002% by mass of cadmium (Cd) or more than 0.004% by mass of lead (Pb) are marked with the respective chemical symbols of the metals (Hg, Cd, Pb). where the aforementioned limit is exceeded.

Information about the law of electricity

Since the 24.03.2006 electro articles acc. § 6 (1) sentence 1, § 17 (1) and (2) ElektroG are no longer disposed of as domestic waste for disposal. Bring your electronic items to your local collection center for their lifetime. The return is free for end consumers. The placing on the market of electrical appliances is only permitted to registered manufacturers or their retailers.

Raesfeld, Germany, 23.02.2018