(1) The following General Terms and Conditions apply to all services and offers of CLD Limited, Flat A, 21/F, Eton Building, 288 Des Voeux Road Central, Sheung Wan, Hong Kong (hereinafter Otopartshop) under the domain www.otopartshop.com.
(2) Orders are based exclusively on these GTC in the version valid at the time of the order. The GTC in their current version are available to you on our website under “GTC”. Contradictory contractual conditions of the customer are contradicted. This also applies in the case of unconditional delivery by Otopartshop with knowledge of conflicting customer conditions.
2. Conclusion of Contract
(1) The offers are subject to change without notice. By ordering the goods, the buyer declares that he wishes to purchase the goods. A conclusion of a contract and thus a contractual commitment about the individual services comes about, if Otopartshop has confirmed the order of the customer, which in the legal sense represents the offer to conclude a contract, within 5 days after the order in text form. A confirmation of the order receipt is not considered as a delivery confirmation.
(2) Otopartshop reserves itself the acceptance of the offer in particular for the case that in on-line Shop writing, pressure or calculation errors are contained, which became basis of the offer of the orderer.
(3) The text of the contract is not stored by us. The order data as well as these general trading conditions we send to you by Mail. After completion of the order, the contract text is no longer accessible via the Internet.
3. Prices and Shipping
(1) The indicated prices are final prices including the legally prescribed value added tax.
(2) The shipping costs are displayed separately in the immediate vicinity of the respective product price and depend on the country to which the goods are to be shipped. If the goods are shipped abroad, additional customs duties may be incurred, which the responsible customs authorities levy directly on the customer.
(3) If you make use of your right of revocation, you have to bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you.
(1) Otopartshop is entitled in exceptional cases to partial deliveries, as far as this is reasonable for the buyer.
(2) If after an order changes of the expected dispatch date occur, the customer is informed about it and has, if he is consumer, at any time before delivery the right to withdraw from the order free of charge or to change the order.
(3) The risk of accidental loss and accidental deterioration of the object of purchase shall pass to the buyer upon delivery of the object of purchase, insofar as the buyer is a consumer. The risk of accidental loss and accidental deterioration of the object of purchase shall pass to the buyer, insofar as the buyer is an entrepreneur, as soon as Otopartshop has delivered the object of purchase to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
5. Payments, Reservation of Properties
(1) If the buyer is a registered reseller, payment may be made on account.
(2) Payment must be made within 10 days of invoicing.
(3) Consumers and non-registered entrepreneurs have the choice between cash on delivery and prepayment (payment by credit card or by using the online payment services PayPal).
(4) For orders from other EU countries, the purchase is only possible against advance payment, i.e. by payment by credit card or by using the online payment service PayPal.
(5) The goods remain the property of Otopartshop until the purchase price has been paid in full. In the case of orders from companies, it shall remain the property of Otopartshop until full payment of all claims, including future claims, arising from the business relations.
(6) Offsetting against counterclaims is only permissible in the case of undisputed or legally established claims.
(7) Costs, which develop by data wrongly conveyed by the customer, are computed to the customer.
6. Right of Withdrawal for Orders
(1) You can revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods suffices to comply with the revocation period.
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received services or benefits (e.g. benefits of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. For the deterioration of the goods and for any use made of them, you only have to pay compensation if the use or deterioration is due to a handling of the goods that goes beyond the inspection of the properties and functionality. Under “examination of the characteristics and the function mode” one understands the testing and trying out of the respective commodity, as it is possible for instance in the retail shop and usual.
Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
(2) The right of revocation does not apply to the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or to the delivery of audio or video recordings or software, if you have unsealed the delivered data carriers.
(1) The statutory warranty rights shall apply vis-à-vis consumers.
(2) Entrepreneurs are obliged to inspect the goods for defects immediately after delivery and to notify Otopartshop of defects in writing without delay.
(3) For entrepreneurs, the warranty period is one year from the transfer of risk, for used goods the warranty is excluded. For consumers, the limitation period is two years from the transfer of risk, for used goods one year.
(1) Otopartshop shall be liable for damage caused by intentional or grossly negligent tort or breach of contractual or pre-contractual obligations by Otopartshop and its legal representatives or vicarious agents. Liability for slight negligence is excluded, unless it is a matter of an essential contractual obligation (“cardinal obligation”) or injury to life, body and/or health.
(2) In the case of liability for slight negligence, liability is limited to the foreseeable damage. This shall not apply in the event of injury to life, limb and/or health.
(3) The liability regulations according to the Product Liability Act remain unaffected by these limitations of liability.
(1) German law shall apply to the conclusion and execution of all contracts. However, this shall only apply to you as a consumer to the extent that the protection granted by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(2) The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for the Otopartshop.
(3) Should any provision of these contractual conditions be invalid in whole or in part, the validity of the remainder of the contract shall remain unaffected. Instead of the ineffective or missing regulations the respective legal regulations step.
10. Consumer Information
The essential characteristics of the goods offered are derived from the respective product descriptions.
As soon as you have found the desired product, it can be placed in the shopping cart without obligation by clicking on the “Add to cart” links. The contents of the shopping cart can be viewed at any time by clicking on the button or sign “Shopping Cart”. If you want to buy the products in the shopping cart, click on the button “Next”. You then have the option of ordering as a guest, registering as a new customer on the website or logging into the customer login by entering your e-mail address and password. To register as a new customer, you must enter your personal data (name, address, etc.). If you now click on the “Continue” button after entering the data, you will reach the “Payment method” page. Here you can select the payment method and the logistics service provider. Click on “Continue” to go to the overview page.
Here you confirm the general terms and conditions and the information about the right of withdrawal by ticking the box “I hereby confirm that I agree with the general terms and conditions (link) of Otopartshop, that I have read the data protection declaration (link) and that I am informed about my right of withdrawal (link) for private customers”. By clicking the button “Buy” you complete your order. The process can be aborted at any time by closing the browser window. On the individual sides you receive further information, e.g. to Correction options.
If you have made an input error, it can be corrected by making the desired change on the corresponding page of the order process.