Terms and Conditions

General Terms and Conditions


General Terms and Conditions and Customer Information

I. General Terms and Conditions of Business

§ 1 Basic provisions

(1) The following terms and conditions of business apply to all contracts that you conclude with us as a provider (Hartmann GmbH) via the Internet site www.mercedes-originalteile.de. Unless agreed upon to the contrary, the inclusion of any terms and conditions of your own that you may use is herewith rejected.

(2) Consumer in the meaning of the following provisions shall be deemed to mean any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur shall be deemed to mean any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1)The subject of the contract is the sale of goods..

(2) As soon as you place the respective product on our website, we shall submit a binding offer to you to conclude a contract under the conditions specified in the item description.  

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button on the navigation bar and make changes there at any time. After calling up the "checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. After this, you will be redirected back to our online shop to the order overview page. Before submitting your order, you have the opportunity to check and change all details again (also using the "back" function of your Internet browser) or to cancel the purchase. By submitting the order via the "pay order" button, you declare your acceptance of the offer in a legally binding manner, which means that the contract is deemed to have been concluded.

(4) Your requests for the preparation of an offer are not binding for you. For this purpose, we shall submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is by e-mail, in part automated. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention if it relates to claims from the same contractual relationship.

(2) We retain title to the goods until the purchase price has been paid in full.

§ 4 Warranty

(1) Statutory rights to liability for defects apply.

(2) In the case of used goods, the warranty period is one year from delivery of the goods, by way of deviation from the statutory arrangement. No shortening of this period shall effectively apply:
- for culpably caused damage attributable to us in connection with injury to life and limb, or impairment to health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.


(3)In your capacity as a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

§ 5 Choice of law, place of performance, legal venue

(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relations existing with us as well as the legal venue shall be our registered office if you are not a consumer, but rather a merchant (Kaufmann), legal entity under public law or special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also petition a court at another legal venue remains unaffected by this.

(3)The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.


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II. Customer information

1. Identity of the seller

Hartmann GmbH
Heinrich-Goebel-Str. 16
41515 Grevenbroich
Germany
Telefon: (02181) 6586-0
E-Mail: shop@das-ist-hartmann.de



Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS Platform), available at https://ec.europa.eu/odr.


We are not willing to participate in dispute resolution procedures before consumer dispute resolution bodies.

2. Information on conclusion of the contract

The technical steps for the conclusion of the contract, conclusion of the contract itself and possibilities of correction are carried out in accordance with the arrangements "Conclusion of the contract" laid down in our General Terms and Conditions (Part I.).

3. Contract language, storage of the contractual text

3.1. The contract language is German.

3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, information required by law for distance selling contracts and the General Terms and Conditions shall be sent to you again by e-mail.

3.3. In the case of requests for quotations outside the online shopping cart system, you shall receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1. We have subjected ourselves to the buyer's seal of quality criteria for Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

4.2. We have subjected ourselves to the code of honour of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

5. Most important features of the goods or services

The most important features of the goods and/or services are to be found in the respective offer.

6. Prices and modalities of payment

6.1. The prices quoted in the respective offers as well as shipping costs constitute total prices. They include all price components including all applicable taxes.

6.2. Shipping costs which accrue are not included in the purchase price. These can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been pledged.

6.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

6.4. Unless stated otherwise for the individual payment methods, payment claims from the contract that has been concluded are due for payment immediately.

7. Terms of delivery

7.1.The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

7.2. If you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment shall only be transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

8. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions of Business (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of the retailers' association specialising in IT law and are checked for legal conformity on an ongoing basis. Händlerbund Management AG guarantees the legal security of the texts and shall be liable in the case of admonishments. Further information can be found at: https://www.haendlerbund.de/agb-service.

last update: 7 December 2017

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This is to certify that the foregoing text on this and the preceding seventeen (17) pages is a true and accurate translation of the German text submitted to me in electronic form.

Siegburg, 24 June 2020
Dr. James A. Turner
Translator and interpreter certified and duly authorised by Cologne Superior Regional Court

Hartmann GmbH
Mercedes-Benz in
Grevenbroich


Authorized Mercedes-Benz
Service and Mediation
Heinrich-Goebel-Straße 16
41515 Grevenbroich
Germany
Phone +49 2181 - 6586-77
Fax +49 2181 - 6586-31

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