1.1 These 'General Terms and Conditions' (hereinafter ""GTC"") of topauto.com (hereinafter ""Seller"") apply to all orders, of merchandise shown in the seller's online store, that the seller and a consumer or entrepreneur (hereinafter ""Customer"") / close. Herewith the inclusion of the customer's own terms is contradicted, unless it is otherwise agreed.
1.2 Consumers in regards to the GTC shall mean any natural person who enters into a legal transaction for purposes that can be attributed neither to commercial nor its independent vocational activity. Entrepreneurs in regards to the GTC is a natural or legal person or a legal partnership, in completion of a legal transaction in their commercial or independent professional activity.
2.1 The product descriptions in the online shop of the seller do not constitute binding offers on the part of the seller, but are intended to submit a binding offer by the customer. The customer will then be sent an automatic email order confirmation, in which the customer's order is listed again and the customer can print it out using the ""print"" (order confirmation), this only serves for purposes of transparency and documentation of the receipt of order at topauto.com and does not constitute acceptance of the application. Also the possible transmission of account information via e-mail for the purpose of payment in advance, does not constitute a declaration of acceptance by topauto.com. A purchase order is completed only when the product ordered by topauto.com is shipped to the customer and the shipping has been confirmed to the customer by topauto.com with a second email (shipping confirmation).
2.2 The customer can select products from topauto.com's product range and add them to their virtual shopping cart. After verification of the items in the cart, the customer then reconfirm and check the order, delivery and payment information, where they can correct information if necessary. To this purpose a prior registration on the topauto.com website is required. If the customer has not submitted any credentials prior to their purchase, there is the option to register and login. By then selecting the "Buy now" button, the customer makes a binding agreement to purchase the products in the cart. In individual cases, prior to sending such a binding order, the customer can change their information at any time and at any point, by pressing the "back" button in their internet browser. In addition, before submitting the binding order, there is always the option to terminate the order by closing the browser.
2.3 Should the product selected by the customer at the time of order be no longer available, topauto.com will notify the customer in the order confirmation. If the product is permanently out of stock, we will refrain from a confirmation of acceptance. In this case the order will not be completed. If a product ordered by the customer is only temporarily unavailable, topauto.com will also inform the customer in the order confirmation. Should the delivery be delayed by more than four weeks of the original estimated delivery date due to the lack of availability, the customer has the right to cancel the order. Incidentally, in this case topauto.com is also entitled to revoke the order. Here topauto.com will immediately refund the payment made by the customer.
2.4 The period for accepting the order begins immediately on the day following its dispatch and shall be completed by the end of the fifth day, following the dispatch of the order.
2.5 The contractual agreement will not be saved by topauto.com. However, the customer has the option to save the T&C by using the memory function in their internet browser. The link in the order confirmation, which includes all necessary order information, has the option of recalling and downloading the T&C.
2.6 Before the contractual binding of the order via the online order form, the customer can correct his entries using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed once again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
2.7 The language used in the completion of the order is English.
2.8 Order processing can usually be done via email and/or automated order processing. The customer must ensure they submit the correct email address during order processing, so that the emails sent by the seller can be received by the customer. The customer must also ensure that their use of spam filters does not hinder the receipt of order processing and third party emails, confirming the shipment of the ordered product by the seller or by the seller’s assigned third party representative.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information about the right of revocation can be obtained from the seller’s right of revocation guidelines.
4.1 In addition to the statutory right of revocation, the customer is granted an additional voluntary right to return products purchased from topauto.com within 14 days of receipt of their entire order. Timely dispatch is sufficient in order to meet the deadline. However, a prerequisite to the exercise of this voluntary right of return, is that the goods are returned undamaged, in their original condition.
4.2 Upon exercising their voluntary right to return, a refund into the customer’s original account will follow. For payments made via invoice, bank transfer and advance payments, return remittance will be transferred into the account the original payment was made from. If the customer has paid by PayPal or credit card, the refund will be transferred into the respective PayPal or credit card account.
4.3 The customer’s statutory right of revocation shall not be affected by the seller’s supplementary contractually granted (voluntary) returns policy and will continue to be maintained independent thereof. Statutory rights apply till the expiration of the statutory returns policy. The contractually granted (voluntary) returns policy does not limit the customer’s statutory warranty rights, which remain fully applicable.
5.1 Provided that the product description of the seller has not indicated otherwise, displayed prices refer to the total price, which includes VAT. Additional delivery and shipping costs are displayed separately.
5.2 For deliveries to countries outside of the European Union, other costs may be incurred. In such individual cases, the seller is not responsible for the costs and these shall be borne by the customer. These include costs for money transfers through banks (e.g. bank transfer fees, exchange rates), import duties and/or taxes (e.g. customs duties). Such costs may also be incurred if the payment is not made within a country in the European Union, but via a money transfer from a country outside of the European Union.
5.3 Customers can choose from several payment options available to them, which are noted in the seller's online shop.
5.4 If prepayment has been selected, payment is due immediately after completion of the order.
5.5 If the customer chooses to pay by credit card, the respective credit card account will not be charged until the order is completed.
6.1 During completion of the transaction and order processing formalities, the delivery address provided is considered final. An exception to this is when paying through PayPal, where the delivery address entered by the customer on PayPal, is considered final. The shipment of goods is delivered to the address given by the customer unless otherwise agreed.
6.2 If the shipping company sends the goods back to the seller in the case of an unsuccessful acceptance of delivery, the customer must bear the costs for the reshipment. This does not apply if the customer effectively exercises his right of revocation, if he was not responsible for the circumstance that has led to the failure of delivery, or if he was temporarily prevented from accepting the service offered, and informed the seller well in advance.
The seller reserves all rights of title in advance until full payment of the purchase price has been made and the goods delivered.
8.1 If the ordered goods are defective, statutory rights pertaining to liability for defective merchandise apply.
8.2 Notwithstanding this, the period for warranty for claims of used goods is one year from date of delivery to the customer. However, the warranty does not apply to:
- Items that are meant to be used and have been used for the purpose of construction and have been damaged in the process.
- Damage arising from injury to life, body or health, due to an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal or third party representative of the seller.
- Other damages arising from an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach by a legal or third party representative of the user.
- In the event that the seller has fraudulently concealed the defect.
8.3 The customer is asked to complain about the damaged goods to the relevant shipping company and inform the seller. If the customer fails to comply, it has no effect on their legal or contractual warranty claims.
9.1 Promotional vouchers/codes issued free of charge by the seller as part of a promotional campaign and valid for a limited period, obtained by the customer free of charge, cannot be purchased or sold, but can only be redeemed within the specified period in the seller’s online shop.
9.2 Selected products may be excluded from the voucher/code promotion, provided that the corresponding limitations and the terms & conditions of the voucher/code have been noted.
9.3 Promotional vouchers/codes can only be redeemed prior to the completion of the ordering process. Redemption is not possible afterwards.
9.4 The value of goods must be at least equal to the amount of the voucher/code. Any remaining credit balance will not be reimbursed by the seller.
9.5 If the promotional voucher/code falls short of covering the order total, one of the many payment methods offered by the seller may be selected to pay the outstanding difference.
9.6 The credit of a promotional voucher/code will neither be paid out in cash nor accumulate any interest.
9.7 The promotional voucher/code will not be refunded if the customer exercises their statutory rights and returns some or all of the goods paid for, with the promotional voucher/code.
9.8 The promotional voucher/code is transferable. The seller may discharge effect to respective owners, who will, in turn, redeem the voucher in the seller's online shop. This does not apply if the seller knows or is grossly ignorant of the non-authorisation, incapacity or the lack of representation.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
If the customer is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the customer is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the customer’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the customer.
AuCo GmbH - Vaihingen an der Enz - 07.10.2017