Terms and Conditions (GTC)


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General Terms of Service (AGB - Allgemeine Geschäftsbedingungen) State 07.03.2019 Rickim Elektronik GmbH

General Terms of Service (AGB - Allgemeine Geschäftsbedingungen)

For the business relationship between the company Rickim Elektronik GmbH - hereinafter "entrepreneur" - and the customer - hereinafter "customer" - the following general terms and conditions apply exclusively in their current version.

§ 1 Scope and general information

(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the entrepreneur and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) The customer is a consumer insofar as he concludes the contract for purposes that cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Repair orders

(1) The entrepreneur is a car specialist company for automotive technology registered in the crafts register of the Aachen Chamber of Crafts, specializing in the repair and maintenance of electronic components in motor vehicles. He offers repairs for everything to do with car electronics. Repair orders from the customer are accepted verbally, by telephone, by e-mail, fax and in writing.

(2) Filling out the order form is not binding for the customer. Only after receipt of the defective part together with the order, which takes place taking into account the requirements for placing and interpreting the order in the sense of § 3 of these General Terms and Conditions, does the contract come into existence and the entrepreneur is commissioned to carry out the repair.

§ 3 Order placement and order interpretation

(1) Before the order is placed, the entrepreneur will ask the customer about errors or their effects and provide them with information accordingly. If the entrepreneur can then already assign the error, he will give the customer an expected repair price. If this is not possible according to the information and the technical circumstances, the customer will set a cost limit for a possible repair for the entrepreneur. In principle, the customer will first give the entrepreneur a so-called test order to determine the error and agree on a flat-rate test fee. The customer must coordinate this with the entrepreneur before the parcel is sent for the defective device.

(2) The test fee is only charged by the entrepreneur if a device sent in cannot be repaired or the fault cannot be localized or the customer does not place an order despite carrying out the repair.

(3) After receiving the device and carrying out the test, the entrepreneur will inform the customer of the error and give a notification of the duration and costs of the repair. The customer will then inform the entrepreneur whether he will agree to the repair on these terms.

(4) If, during the repair, the contractor determines that the repair cannot be carried out at the agreed cost due to other defects that were not foreseeable and identifiable in advance, the customer's consent for the further execution of the repair must be obtained. In this case, the entrepreneur can interrupt the work and make further repairs dependent on the customer issuing a new written order.

(5) If the customer refuses to continue carrying out the repair at the additional costs specified by the entrepreneur, he is obliged to reimburse the entrepreneur for the costs incurred up to that point. In this case, the customer has no right to have the company return the device to its original condition. Otherwise, a claim to this only exists to the extent that the customer expressly requests this against reimbursement of costs.

(6) If the object of the order is not picked up within 14 days after the pick-up request, the entrepreneur can charge a reasonable storage fee at the end of this period or the device can be disposed of at the customer's expense. If collection does not take place no later than 2 months after the collection request, the obligation to further storage and any liability for slightly negligent damage or loss no longer applies. The customer's payment obligation from the previous repair or cost determination remains in effect even after the repair item has been disposed of. Disposal costs are now to be added.

§ 4 Warranty - Gewährleistung

(1) There is a warranty (Gewährleistung) claim on all repairs carried out and on installed repair material within a period of:

  • Pixel error repair BMW E38, E39, E53, Mercedes W202, W208, W210, W163 - 2 Jahre warranty (Gewährleistung)
  • CLK W209 Speedometer needle sticks / gets stuck - 2 Jahre warranty (Gewährleistung)
  • CLS C219 Speedometer speed display - speedometer needle gets stuck - 2 Jahre warranty (Gewährleistung)
  • E-Klasse W211 Speed display - speedometer needle sticks - 2 Jahre warranty (Gewährleistung)

(2) The warranty (Gewährleistung) period for all other repairs is 1 year. The warranty (Gewährleistung) only applies to the repairs carried out and the material installed. The warranty (Gewährleistung) period begins with acceptance of the work. Acceptance of the work is deemed to be the collection of the device or receipt of the device and full payment by the customer. The device is also deemed to have been accepted if the company has set the customer a reasonable deadline for acceptance after completion of the device and the customer has not refused acceptance within this period, stating at least one defect. If the customer is a consumer, the legal consequences only apply if the entrepreneur has informed the customer of the consequences of an acceptance that has not been declared or has been refused without stating defects, together with the request for acceptance; the notice must be in text form.

(3) A warranty (Gewährleistung) exclusion of the device exists:

  • if the warranty (Gewährleistung) seal has been broken
  • for failures caused by damage, wrong connection or wrong operation by the customer
  • in the event of errors resulting from mechanical or electromechanical overloading of the parts, chemical or atmospheric influences
  • damage caused by the customer, e.g. defective self-installation
  • in the event of damage caused by force majeure, e.g. B. Lightning strike
  • excluded from the warranty are all wearing parts, such as lamps (bulbs).

§ 5 Liability

(1) The entrepreneur is liable for damages, except in the case of a breach of essential contractual obligations, only if and to the extent that the entrepreneur, his legal representatives, executive employees or other vicarious agents are guilty of intent or gross negligence. In the event of a breach of essential contractual obligations, the entrepreneur is liable for any culpable conduct by their legal representatives, executives or other vicarious agents. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. Liability for compensation for indirect damages, in particular for lost profits, only exists in the event of intent or gross negligence on the part of legal representatives, executive employees or other vicarious agents of the entrepreneur. Apart from that, the entrepreneur's liability is excluded.

(2) The aforementioned exclusions and limitations of liability towards entrepreneurs or consumers do not apply in the case of the assumption of express guarantees by the entrepreneur and for damage resulting from injury to life, limb or health, as well as in the case of mandatory statutory regulations.

§ 6 Prices and terms of payment

(1) All prices include VAT. The customer receives an invoice showing VAT.

(2) Repair invoices are to be paid in cash upon collection. In the case of parcel shipping, payment is made by cash on delivery / advance payment / bank transfer.
Other payment modalities are only considered in exceptional cases and only by special agreement.

§ 7 Extended right of lien of the entrepreneur

The entrepreneur is entitled to a contractual lien on the object of the order that has come into his possession on the basis of the contract due to his claim from the order. The contractual right of lien can also be asserted for claims from work previously carried out, spare parts deliveries and other services, insofar as they are related to the subject of the order. For other claims from the business relationship, the contractual right of lien only applies if these claims are undisputed or legally binding.

§ 8 Retention of title

As far as the spare parts etc. inserted during repairs become non-essential components, the entrepreneur retains ownership of these items until all claims of the entrepreneur arising from the contract have been settled. If the customer is in default of payment, the entrepreneur can demand that the customer return the repair item for the purpose of removing the inserted parts. The customer bears the costs incurred in this respect. If the repair was carried out by the customer, the customer must give the entrepreneur the opportunity to carry out the removal. Corresponding travel costs shall be borne by the customer.

§ 9 Contract text

The text of the contract is stored on the entrepreneur's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order confirmation and the terms and conditions are sent to the customer by email. After completion of the order, the data of the order are no longer accessible via the Internet for security reasons.

§ 10 Use of the stored data, data protection

Der Schutz Ihrer Daten ist uns sehr wichtig. Weitere Informationen zur Erhebung, Verarbeitung und Nutzung von (persönlichen) Daten lesen Sie in unserer The security of your data is important for us. You can read more information about the collection, processing and use of (personal) data in our Data Privacy Policy.

§ 11 Right of Withdrawal

Right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Rickim Elektronik GmbH, Am Langen Graben 17a, 52353 Düren) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). .

Address: Rickim Elektronik GmbH Am Langen Graben 17 a 52353 Düren

Fax: 02421 2085522

E-Mail: [email protected]

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 cheap standard delivery offered by us have), immediately and at the latest within fourteen 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 (Rickim Elektronik GmbH, Am Langen Graben 17a, 52353 Düren) immediately and in any case no later than fourteen 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 fourteen days has expired. You bear the direct costs of returning the goods. 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.

Exclusion of the right of withdrawal

After a breach of guarantee seal and/or coding of control units, the customer loses the claim and use of the right of withdrawal.

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

– For:

Rickim Elektronik GmbH

Am Langen Graben 17a

52353 Düren

Email: [email protected]

– 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 the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

– Date

_______________

(*) Signature.“

End of revocation

§ 12 Final Provisions

(1) The contract language is German.

(2) The law of the Federal Republic of Germany applies to contracts between the entrepreneur and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn from the customer.

(3) 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 contractual relationships between the customer and the contractor is the registered office of the contractor. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his domicile or habitual abode is not known at the time the action is filed.

(4) Additions or amendments to the contract, including these terms and conditions, must be in writing in any case. This also applies to the amendment of this clause.

(5) Insofar as a provision of these terms of use is ineffective, the remaining provisions remain unaffected. The ineffective provision is deemed to be replaced by one that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to possible regulation gaps.


Note on alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ We are not obliged and fundamentally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.


Note: text translated automatically from oryginal,
You can find the original content: https://www.kfzpix.de/agb.php