I Information on distance selling and the conclusion of contracts in electronic commerce
- 1 contractual partner
The following terms and conditions apply to all contracts between the
Winter Automotive GmbH
Registration court: Regional court as commercial court Innsbruck , HRB 563705d , VAT ID no. ATU77342902
Managing Director: Otto Winter
and the customer.
Customers within the meaning of these General Terms and Conditions are exclusively consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- 2 Conclusion of the contract in electronic commerce
The products and services listed in the online shop do not represent binding offers for Winter Automotive GmbH. Rather, they are an invitation to the customer to submit a binding offer by placing an order.
As soon as we have received your order, you will receive an automatically generated e-mail confirming that we have received your order and containing its details. We will then check the availability of the items you have ordered. If one or more items are not available, we will not accept your offer and you will receive a corresponding notification by e-mail. The contract with the customer only comes into existence when Winter Automotive GmbH expressly accepts the order. Winter Automotive GmbH does not assume any procurement risk and reserves the right to release itself from the obligation to fulfill the contract in the event of incorrect or improper delivery by suppliers. The responsibility of Winter Automotive GmbH for intent or negligence in accordance with the liability regulations according to Section II 9. of these General Terms and Conditions remains unaffected. In the event of unavailability or only partial availability of the service, Winter Automotive GmbH will inform the customer immediately; in the event of withdrawal, the consideration will be refunded to the customer immediately.
For technical reasons, it is unfortunately not possible for us to accept orders by telephone, fax, letter or e-mail. We only accept orders placed through our online shop.
- 3 Information about your right of withdrawal
Consumers are entitled to a right of withdrawal in accordance with Section 355 of the German Civil Code in the case of distance contracts. As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following cancellation policy:
Right of cancellation
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (Winter Automotive GmbH, Hausstattfeld 9b, 6370 Kitzbühel; e-mail support [at] nohalfsends.shop; telephone +49 (0)351 89570 650) a clear statement (e.g. a sent letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. If the goods cannot be returned by normal post due to their nature, the costs are estimated at a maximum of around EUR 10.00.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Non-existence or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Attachment: Sample withdrawal form
according to Appendix 2 to Article 246a Section 1 Paragraph 2 Sentence 1 No. 1 and Section 2 Paragraph 2 No. 2 EGBGB
(If you want to revoke the contract, please fill out this form and send it back.)
Winter Automotive GmbH
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
For a simple processing of the revocation, you are welcome to contact our support team:
A prior agreement on the return via the e-mail address given in the cancellation policy makes it easier for Winter Automotive GmbH to allocate the shipment. At the same time, Winter Automotive GmbH points out that prior coordination is not a prerequisite for the exercise of the right of withdrawal.
- 4 voluntary, extended right of return
We do not offer an extended voluntary right of return beyond the 14-day statutory right of withdrawal.
II General Terms and Conditions (GTC) Winter Automotive GmbH (as of: October 2022)
The terms and conditions below apply to all orders placed through the website www.nohalfsends.shop. The terms and conditions valid at the time of the order apply.
- 1 prices; Shipping and handling costs
Our prices include the statutory VAT applicable at the time of the order. In the case of cross-border deliveries, additional taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may have to be paid by the customer in individual cases. Buyer pays for shipping. The prices you see for the items in your shopping cart are identical to those on the current product information page on the website. We charge the price that was listed on the website at the time you placed your order. The order is placed at the current daily price. Please note that we are not bound by an incorrect price. Your order does not yet result in a purchase contract.
- 2 Availability
Products that are not available are not displayed in the online shop or are noted with the note "Soldout". If you have ordered a product that is no longer available due to an error, you will be informed by email immediately after the error has been identified.
- 3 payment
Winter Automotive GmbH accepts the payment methods listed on the respective website and made available for selection by the customer. The customer selects the payment method he prefers from the available payment methods.
Winter Automotive GmbH reserves the right to exclude certain payment methods in individual cases. Winter Automotive GmbH has no control over whether the direct debit, credit card and purchase on account payment methods offered by PayPal Europe are activated for the customer after a brief check. Payment by sending cash or checks is not possible. Winter Automotive GmbH excludes liability in the event of loss. For international transfers, bank charges may apply, which are to be borne by the customer.
Payment for the order must be made within 14 days of receipt of the order confirmation. Winter Automotive GmbH reserves the right to cancel the reservation of the ordered items after a further written deadline of 14 days in the case of orders without a registered receipt of payment. Orders with the purchase on account offered by PayPal Plus are excluded from this. PayPal Europe sets the customer a payment target of 30 days after initiating the order when purchasing on account.
- 4 Terms of Delivery
The delivery times are shown on the product page or under shipping times & costs. The information relates to the immediate payment order during or immediately after the order was placed. Items will only be dispatched after receipt of payment has been registered.
Delivery is made to the delivery address specified by the customer. You will be informed about the dispatch by e-mail. Shipping route and means are left to our choice. Shipping is currently via the companies DHL and Fedex.
The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him (§ 446 S. 1 BGB) or if he is in default of acceptance (§ 300 Para. 2 BGB).
- 5 Receipt of the Goods
We use DHL to ship your order within Europe and Fedex for worldwide orders. If a delivery of goods arrives damaged, we would like to ask you the following: If possible, report the damaged goods directly to the employee of the shipping company and document the degree and extent of the damage. Otherwise it is almost impossible to settle claims if the contents of the package are damaged. You can refuse to accept damaged goods.
Any rights and claims of the customer - in particular the statutory rights of the buyer in the event of defects in the (purchase) item - remain unaffected by the above provisions. These therefore also do not include any limitation period for rights of the customer according to Section II 8. of these General Terms and Conditions.
- 6 Retention of Title
We reserve ownership of all goods delivered by us until full payment. In order to assert our retention of title, we are entitled to demand the immediate return of the reserved goods to the exclusion of any right of retention, unless the counterclaims are legally established or undisputed.
- 7 Force Majeure
In the event that we are unable to provide the service owed due to force majeure (in particular natural disasters), we are released from our obligation to perform for the duration of the hindrance. If it is impossible for us to execute the order or deliver the goods for more than one month due to force majeure, you are entitled to withdraw from the contract.
- 8 Warranty
When purchasing goods, you are entitled to statutory warranty rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the item, taking into account the following regulations.
We are not the manufacturer of the goods we supply. In the event of claims under the Product Liability Act, we will contact the manufacturer in your interest. Report any complaints to us by emailing us at firstname.lastname@example.org.
The warranty of Winter Automotive GmbH is otherwise based on the following paragraphs. In principle, Winter Automotive GmbH does not give its own guarantees; the mere presentation of the articles in the online shop is therefore to be regarded as a pure description of the service.
There is no warranty for damage caused by improper handling or use of the goods by the customer. The same applies to a so-called intentional wear.
If the purchased item is defective, the customer is entitled to supplementary performance if and to the extent that the requirements of the statutory provisions on rights in the event of defects are met.
As part of the supplementary performance, consumers have the choice of whether the supplementary performance should be carried out either by rectification or replacement delivery. However, Winter Automotive GmbH is entitled to refuse the selected type of supplementary performance if this is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
If it is necessary to return the defective purchased item, Winter Automotive GmbH will assume the costs of the return in the form of a return label provided or, if discussed in advance, by refunding the return costs to the customer's bank account if a corresponding postal receipt has been submitted by email. Winter Automotive GmbH reserves the right not to reimburse any return costs incurred if the return label provided has not been used, no receipt for the return is presented or no prior agreement has been made.
The limitation period for consumer rights in the event of defects is 2 (two) years from the delivery of the goods to the customer. The above exemption from the statute of limitations does not apply insofar as Winter Automotive GmbH is liable in accordance with Section II 9 of these terms and conditions or it is a matter of the right in rem of a third party, on the basis of which the surrender of the delivery item can be demanded.
To meet the deadline, the dispatch of the notice of defects is sufficient.
The European Commission, in accordance with Regulation (EU) No. 524/2013, provides a European platform for the resolution of disputes between consumers resident in the European Union and entrepreneurs established in the European Union that result from the online sale of goods or the online provision of services (so-called OS platform / URL: http://ec.europa.eu/consumers/odr/ ) . In order to submit a complaint on this so-called OS platform, consumers have to fill out an electronic complaint form. The specific information that must be provided when filing a complaint is set out in the Annex to Regulation (EU) No 524/2013.
- 9 Liability
According to the statutory provisions, Winter Automotive GmbH is fully liable for damage resulting from injury to life, limb or health that is based on a negligent or intentional breach of duty as well as for other damage that is based on a grossly negligent or intentional breach of duty or fraudulent intent.
In addition, Winter Automotive GmbH is fully liable for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act, or if and to the extent that there is a guarantee for the quality of the item or that the item will last for a specific period of time retains its condition, which was taken over by Winter Automotive GmbH.
Winter Automotive GmbH is liable for damage caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely (so-called cardinal obligations ). The liability of Winter Automotive GmbH is limited to the foreseeable, contract-typical damage.
In the event of slightly negligent violations of such contractual obligations that are not covered by the previous paragraph (so-called insignificant contractual obligations), Winter Automotive GmbH is liable to consumers - but this is limited to the foreseeable, contract-typical damage.
Any further liability is excluded - regardless of the legal nature of the asserted claim.
- 10 Contract language/storage of the contract text
The contract language is German.
The text of the contract is not stored by us and can no longer be called up after the order process has been completed. However, you can print out your order data immediately after sending the order.
- 11 Final Provisions
Place of performance and place of jurisdiction for business transactions with companies and legal entities at the headquarters of Winter Automotive GmbH. The same applies if the customer as an entrepreneur does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected. The law of the Federal Republic of Germany applies to this contract, excluding the UN sales law and international private law.