Provider and Contractual Partner

Niceparts
Lehfenfelde 5 b
23795 Högersdorf
Germany

Telephone: 015233520244
Email: info@niceparts24.com

VAT ID No.: DE 296740870 

As of: 12/2022

§ 1 - Scope

(1) These terms and conditions of Niceparts (hereinafter: "Seller") apply to all sales, deliveries, and services provided by the Seller that the customer purchases from the Seller via the online shop. The inclusion of the customer's terms and conditions is rejected unless the parties have expressly agreed otherwise.

(2) "Customers" include both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legal entity that, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 – Conclusion of Contract

(1) With the exception of orders placed via the "PayPal Direct" button and using PayPal as the payment method, the Seller's product offers merely constitute an invitation to the customer to submit a purchase offer. By completing the ordering process, the customer submits a binding purchase offer to the Seller. The Seller's acceptance of this purchase offer only occurs through a separate declaration of acceptance or request for payment within 2 business days after receipt of the purchase offer.

(2) In the event of an order placed via the "PayPal Express" button and with PayPal selected as the payment method, the Seller's product offers constitute binding purchase offers to the customer. The customer's acceptance of these purchase offers, and thus the conclusion of the contract between the parties, occurs by completing the ordering process.

(3) The customer's ordering process begins by adding a product to the shopping cart. This is done via the "Add to Cart" button on the product overview or product detail page. In the shopping cart, the customer can change the order quantity using the "+/-" buttons and by clicking "Update Cart" or delete a product from the shopping cart by clicking the "Remove Item" link.

a) Orders placed via the "Proceed to Checkout" button:

Once the customer has filled their personal shopping cart with the products they want, they can continue the ordering process via the "Proceed to Checkout" button on the following page.

If the customer is already registered with the Seller's online shop, they can continue their order by entering their registered email address and the associated password in the "Login" field. If the customer is not yet registered, they can either open a customer account with the Seller via the "New Customer" field or continue the order without opening a customer account via the "Guest Checkout" field. Both options are also available to corporate and business customers. In both cases, the customer must provide their details and confirm their information by clicking the "Send" button.

In the next ordering step, the customer has the option to select a payment method offered by the Seller. To do this, the customer must activate the respective shipping method field with a "click" and confirm the selection by clicking the "Continue to the Next Step" button. The customer then has the option to select a shipping method offered by the Seller. To do this, the customer must also activate the desired shipping method with a "click" and confirm the selection with the "Continue to the Next Step" button.

The customer will then be in the order overview.

b) Order via "Directly to PayPal"

Optionally, the Seller offers the ordering process via "PayPal". To use this ordering option, the customer must be registered with "PayPal" or directly provide their billing details to "PayPal". If the customer selects this ordering option, they will be redirected to their account after entering their email address registered with "PayPal" and the associated password, and can then select the corresponding billing address stored with "PayPal". In the event of ordering without a PayPal account, the customer's entries will be confirmed via the "Agree and Continue" button. After completing the details, the customer will be redirected to the Seller's online shop and will be in their order overview.

Any corrections to the entered data that the customer wishes to make can be made via the respective input field, which can be accessed with a "click".

Before the customer can submit their binding order for the products added to the shopping cart via the "Order Now at Cost" button, they must confirm their acknowledgment of the right of withdrawal policy and agree to the Seller's General Terms and Conditions. To do this, the customer must activate the "Please acknowledge our General Terms and Conditions and your right of withdrawal." field.

(4) Order processing and communication take place via email using automated order processing software. The customer must therefore ensure that the email address they have provided for order processing is correct, so that correspondence can take place via this address. If spam filters are used, the customer must ensure that all emails sent by the Seller or their order processing service provider for order processing are received.

§ 3 - Contract Storage

In the order confirmation, the customer receives their order details, as well as the GTC customer information and the right of withdrawal policy along with a sample withdrawal form via email. The contract text is not stored by the Seller after the conclusion of the contract. Therefore, any more extensive permanent backups of the offer must be arranged by the customer themselves (e.g. by taking a screenshot).

§ 4 - Prices

The prices stated by the Seller include all price components, including the respective German value added tax. The value added tax is shown separately. Additional packaging and shipping costs, if applicable, are presented separately in the respective product offer. Other price components, such as additional taxes, customs duties, or other levies, may apply to cross-border deliveries.

§ 5 - Payment Terms

Payments can be made as follows:

- by bank transfer (prepayment)

After purchase, the customer will be informed of the Seller's account details for payment. After the payment amount has been credited to the specified account of the Seller, the goods will be shipped.

- via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg During the ordering process, the customer will be redirected to the PayPal page, through which the customer initiates the payment to the Seller. The prerequisite for this is a customer account with the company PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. After PayPal confirms the payment, the goods will be shipped. The customer's PayPal account will be charged upon transmission of the order. Please also note the PayPal General Terms and Conditions in this regard, which you agreed to when opening the customer account with PayPal.

- by credit card via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg During the ordering process, the customer will be redirected to the PayPal page, through which the customer initiates the payment to the Seller by credit card. After submitting the order and PayPal confirms the payment, the goods will be shipped. The charging of the bank account or credit card depends on the processing by the customer's bank or the customer's credit card issuing institution. Please also note the PayPal General Terms and Conditions in this regard, which you agreed to when opening the customer account with PayPal.

If you do not have a PayPal account, please note the respective terms and procedures of the company PayPal:

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=de_DE

- by direct debit via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg During the ordering process, the customer will be redirected to the PayPal page, through which the customer initiates the payment to the Seller via SEPA direct debit through PayPal. After submitting the order and PayPal confirms the payment, the goods will be shipped. The charging of the bank account by PayPal depends on the processing by the customer's bank. Please also note the PayPal General Terms and Conditions in this regard, which you agreed to when opening the customer account with PayPal.

If you do not have a PayPal account, please note the respective terms and procedures of the company PayPal:

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=de_DE

- by cash on delivery (only within Germany)

The customer pays the invoice amount in cash to the delivery person. Additional fees apply for this payment method.

- by cash payment upon collection at the Seller's business premises.

§ 6 - Delivery

(1) The delivery times stated for the products begin on the day following the day of the conclusion of the contract or, in the case of prepayment, the customer's payment instruction to their payment service provider. Delivery will take place no later than within the stated delivery time. If the last day of the delivery period falls on a Saturday, Sunday, or a public holiday officially recognized in the place of receipt, the next business day shall take the place of this day.

(2) In the event of delivery outside of Germany, the latest delivery time stated for the products is extended by 5 business days for deliveries within the EU member states, and by 10 business days otherwise.

(3) In sales to entrepreneurs, the risk of accidental loss and accidental deterioration passes to the customer upon delivery of the sold item to the freight forwarder, carrier, or other person or entity designated for the execution of the shipment.

§ 7 - Retention of Title

(1) Until all claims arising from the contract have been satisfied, the delivered goods remain the property of the Seller.

(2) For sales to entrepreneurs, the following extended retention of title applies:

(a) In the event of the sale of the reserved goods, the customer hereby assigns their claim from the resale to the buyer, together with all ancillary rights, to the Seller for security purposes, without the need for any further special declarations. The assignment includes any balance claims. However, the assignment only applies to the amount corresponding to the price charged by the Seller for the reserved goods. The customer remains authorized to collect the claim even after the assignment. The Seller's authority to collect the claim itself remains unaffected. However, the Seller will not collect the claim as long as the customer complies with their payment obligations from the collected proceeds, does not default on payment, or there is a suspension of payment.

(b) The supply and processing of the reserved goods by the customer always takes place on behalf of and on account of the Seller. In this case, the customer's right of expectancy in the reserved goods continues to apply to the processed or worked-on reserved goods. If the reserved goods are processed with other goods not belonging to the Seller, the Seller acquires co-ownership of the new item in the ratio of the invoice final amount of the reserved goods to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing occurs in such a way that the customer's item is considered the main item, it is agreed that the customer regularly transfers co-ownership to the Seller and holds the resulting sole ownership or co-ownership for the Seller.

(c) As long as the title has not yet passed, the customer must immediately notify the Seller in writing if the delivered reserved goods are seized or subject to other third-party interventions. The customer is obliged to provide the Seller with all information and documents required for a third-party opposition action pursuant to § 771 ZPO.

(d) The Seller undertakes to release the securities due to them upon request by the customer, insofar as their value exceeds the claims to be secured by more than 10%.

§ 8 - Liability for Defects

(1) For sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. For used goods, rights and claims due to defects are generally excluded. The limitation period does not restart if replacement goods are delivered within the scope of the liability for defects.

(2) For sales of used goods to consumers, the limitation period for defect claims is one year from the delivery of the goods to the buyer.

(3) For entrepreneurs, the statutory limitation periods for the recourse claim pursuant to § 478 BGB remain unaffected; the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and the fraudulent concealment of a defect. For sales to entrepreneurs and consumers, it also applies pursuant to the following paragraph (5) that these liability limitations do not extend to claims for damages and compensation for expenses that the buyer can assert due to a defect.

(4) For sales to a merchant in the commercial law sense (§ 1 HGB), the commercial inspection and notification duties pursuant to § 377 HGB apply. If the statutory notification duties are not fulfilled, the goods are deemed approved.

(5) In the event of injury to life, body, or health, the Seller is fully liable on any legal basis. This also applies in cases of intent and guarantee promises or if liability arises under mandatory statutory provisions, such as the Product Liability Act.

(6) GWA - Warranty Claim. The GWA is sent after receipt of damage / warranty claim. This gives ATM Tornau Motoren GmbH & Co. KG the repair order for the reported damage. The incurred costs are settled with the buyer / Seller depending on the cause / outcome of the damage.

(7) Cost transfer in the event of rejection of the warranty: Should the warranty be rejected, the incurred costs for transport (engine = freight costs, vehicle €1.32/km) as well as those for damage analysis will be passed on to the claimant. Repair will then only take place in consultation with the customer.

(8) Vehicle downtime: In the event of a delay in repair caused by the customer, a daily flat rate of €5.00 per day will be charged starting from the 13th calendar week.

(9) Otherwise, the statutory provisions apply.

§ 9 - Contract Language

The contract language is German.

§ 10 - Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) The choice of law pursuant to paragraph 1 applies to consumers within the meaning of § 1 paragraph 2 sentence 1 only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not deprived.

(3) The provisions on UN sales law do not apply.

(4) If the customer is a merchant, a public law legal entity, or public law special assets, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's business seat. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if their residence or habitual residence is unknown at the time of filing the lawsuit.

Information on Dispute Resolution Procedures

Pursuant to § 36 of the Consumer Dispute Resolution Act (VSBG), we are obliged to inform you as follows:
We are not prepared and not obliged to participate in an arbitration procedure.