General terms and conditions of business
§1 Scope, form
(1) We, VIEROL AG, with our registered office in Oldenburg, Karlstraße 19, 26123 Oldenburg, entered in the commercial register of the district court of Oldenburg under HRB 3199, represented by the chairwoman of the board, Mrs. Mirja Viertelhaus-Koschig, phone: +49 441 21020-0 , fax: +49 441 21020111, e-mail address: info@vierol.de, offer items for sale via http://vierol-shop.de , among others. These General Terms and Conditions of Sale (AVB) apply to all of our business relationships with our customers (“buyers”). The AVB only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
(2) The AVB apply in particular to contracts for the sale and/or delivery of movable items (“goods”), regardless of whether we manufacture the goods ourselves or buy them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the GTC in the version valid at the time of the purchaser's order or at least in the version last communicated to him in text form shall also apply as a framework agreement for similar future contracts, without us having to refer to them again in each individual case.
(3) Our AVB apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement for consent applies in any case, for example even if we carry out the delivery to the buyer without reservation, knowing the general terms and conditions of the buyer.
(4) Individual agreements made with the buyer in individual cases (including ancillary agreements, additions and changes) always take precedence over these AVB. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
(5) Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.
(6) References to the validity of legal regulations are only of clarifying importance. Even without such a clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these AVB.
§2 Conclusion of contract
(1) Our offers are subject to change and non-binding. This also applies if we have provided the buyer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we have ownership rights and copyrights Reserved. The above applies accordingly to the items posted on http://vierol-shop.de . These are non-binding offers for the conclusion of a purchase contract under the conditions contained on the article page (product description). You can submit a binding purchase offer (order) via the shopping cart system.
(2) The ordering of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within seven working days of receipt. Acceptance can be declared either in writing or in text form (e.g. by order confirmation) or by delivery of the goods to the buyer.
(3) If you place an order via http://vierol-shop.de , you will be asked to check the information you have provided and then confirm it if necessary before the purchase offer is finally submitted. If you make an entry error, you always have the option of returning to the previous input mask using the "Back" function of your Internet browser or of stopping the ordering process altogether using the "Cancel" function. You can then enter new information. Only by confirming the "Buy" button do you make a binding declaration that you want to buy the item(s) placed in the virtual "shopping cart". After submitting the order, you will receive an automatic confirmation from us by e-mail that we have received the offer. The order confirmation does not yet represent acceptance of the purchase offer you have made. A purchase contract for the item(s) ordered is only concluded when we send you an e-mail with the notification that the item has been sent to you or when you send an E Received an email in which we expressly declare our acceptance of the offer.
(4) Please note that as part of the ordering process on http://vierol-shop.de you must also provide information on your company's VAT ID. Our offer on http://vierol-shop.de is aimed exclusively at entrepreneurs within the meaning of § 14 BGB and not at end consumers.
§3 Delivery period and delay in delivery
(1) The delivery period is agreed individually or specified by us when accepting the order. If this is not the case, the delivery period is approximately two weeks from the conclusion of the contract.
(2) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform the buyer of this immediately and at the same time communicate the expected new delivery deadline. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately refund any consideration already provided by the buyer. A case of non-availability of the service in this sense is, in particular, failure to receive delivery from our suppliers in good time if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases.
(3) The occurrence of our delay in delivery is determined by the statutory provisions. In any case, however, a reminder by the buyer is required. If we are in default of delivery, the buyer can demand lump-sum compensation for his damage caused by the delay. The flat-rate compensation for damages is 0.5% of the net price (delivery value) for each full calendar week of delay, but no more than 5% of the delivery value of the goods delivered late. We reserve the right to prove that the buyer suffered no damage at all or only a significantly lower damage than the above flat rate.
The rights of the buyer according to § 8 of these AVB and our legal rights, in particular in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and/or supplementary performance), remain unaffected.
(4) Serious events, such as in particular force majeure, labor disputes, unrest, epidemics, epidemics, war or terrorist conflicts, which have unforeseeable consequences for the performance of the service, release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect , even if they are in default. This does not involve an automatic termination of the contract. The contracting parties are obliged to notify each other of such an obstacle and to adjust their obligations to the changed circumstances in good faith.
§4 Delivery, transfer of risk, acceptance, default of acceptance
(1) The delivery takes place ex warehouse, which is also the place of performance for the delivery and any supplementary performance. At the request and expense of the buyer, the goods will be sent to another destination (sales by mail). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
(2) In the case of mail-order sales, the buyer must – if necessary – procure all permits and/or other official permits required for export and import at his own risk and expense. In this case, the buyer must also complete all necessary customs formalities for the export, transit and import of the goods at his own risk and expense.
(3) The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the buyer is in default of acceptance.
(4) If the buyer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).
(5) Requirements for the return delivery:
Arrange the return in your personal account on http://vierol-shop.de and follow the further instructions
Return the item in its original packaging and with the delivery note attached
Items should not have been used, damaged or assembled
In the case of electronic components in an ESD film, the seal or, if applicable, the welding must be completely intact.
(6) Further notes:
The return period is 30 days from the delivery date
Costs to restore the return in a salable condition will be charged.
A 20% restocking fee will apply.
If the reason for the return is "Does not fit", the 17-digit chassis number of the vehicle must be given with a precise description
§5 Prices and terms of payment
(1) Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded shall apply, ex warehouse plus statutory sales tax.
(2) In the case of mail-order sales (§ 4 Paragraph 1), the buyer bears the transport costs ex warehouse and the costs of any transport insurance requested by the buyer. Any customs duties, fees, taxes and other public charges are borne by the buyer.
(3) The purchase price is due and payable within 14 days of invoicing and delivery or acceptance of the goods. However, we are entitled at any time, even within the framework of an ongoing business relationship, to carry out a delivery in whole or in part only against advance payment. We declare a corresponding reservation at the latest with the order confirmation.
(4) When making a purchase via http://vierol-shop.de , you can choose from the following payment methods: transfer to our specified account or credit card payment. When paying by credit card, your account will only be debited when the goods are in the shipping process.
In the case of payment by credit card, you authorize a corresponding debit via the credit card company you have specified. The collection or debit is initiated when the goods are shipped. A direct debit authorization that has been granted is also valid for further orders until it is revoked.
(5) With the expiry of the above payment period, the buyer is in default. Interest is to be paid on the purchase price during the delay at the applicable statutory default interest rate. We reserve the right to assert further damage caused by delay. Our claim to the commercial maturity interest (§ 353 HGB) remains unaffected in relation to merchants.
(6) The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the counterclaims of the buyer, in particular in accordance with Section 7, Paragraph 7, Clause 2 of these AVB, remain unaffected.
(7) If, after the conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that our claim to the purchase price is at risk due to the buyer's inability to pay, we are entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw authorized by the contract (§ 321 BGB). In the case of contracts for the manufacture of non-fungible items (custom-made products), we can declare our withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected.
§6 Retention of title
(1) We reserve ownership of the goods sold until all our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.
(2) The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The buyer must inform us immediately in writing if an application is made to open insolvency proceedings or if third parties seize the goods belonging to us (e.g. attachments).
(3) In the event of breach of contract by the buyer, in particular non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not include a declaration of withdrawal; on the contrary, we are entitled to only demand the return of the goods and to reserve the right to withdraw from the contract. If the buyer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the buyer a reasonable deadline for payment or setting a deadline of this kind is unnecessary under the statutory provisions.
(4) Until revoked, the buyer is authorized in accordance with (c) below to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions also apply.
a. The retention of title extends to the products created by processing, mixing or combining our goods at their full value, whereby we are considered the manufacturer. If third-party goods are processed, mixed or combined with third-party goods, we acquire co-ownership in proportion to the invoice value of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
b. The buyer hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the buyer mentioned in paragraph 2 also apply with regard to the assigned claims.
c. The buyer remains authorized to collect the claim alongside us. We undertake not to collect the claim as long as the buyer meets his payment obligations to us, there is no deficiency in his ability to pay and we do not assert the retention of title by exercising a right in accordance with paragraph 3. If this is the case, however, we can demand that the buyer informs us of the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. In this case, we are also entitled to revoke the buyer's authorization to further sell and process the goods subject to retention of title.
i.e. If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the request of the buyer.
§7 Claims for defects by the buyer
(1) The statutory provisions shall apply to the rights of the buyer in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or defective assembly instructions), unless otherwise specified below. In all cases, the special statutory provisions for the final delivery of the unprocessed goods to a consumer remain unaffected, even if the latter has processed them further (supplier recourse in accordance with §§ 478 BGB). Claims from supplier recourse are excluded if the defective goods have been further processed by the buyer or another entrepreneur, e.g. by installing them in another product.
(2) Our liability for defects is primarily based on the agreement made on the quality of the goods. All product descriptions and manufacturer information that are the subject of the individual contract or that were made public by us (in particular in catalogs or on our Internet homepage) at the time the contract was concluded are deemed to be an agreement on the quality of the goods.
(3) If the quality has not been agreed, it is to be assessed according to the statutory regulation whether there is a defect or not (§ 434 Para. 1 Clause 2 and 3 BGB). However, we assume no liability for public statements by the manufacturer or other third parties (e.g. advertising statements) that the buyer has not pointed out to us as decisive for his purchase. The manufacturer reserves the right to make design or shape changes, deviations in color and changes to the scope of delivery during the delivery period, provided that the changes or deviations do not mean any significant changes or deviations in the object of purchase or service and are reasonable for the buyer, taking into account the interests of both parties. The above applies accordingly to deviations from product information on the subject of the delivery or service (e.g. technical data, images, dimensions, weight, performance data or compatibility details), unless these are expressly stated to be binding or the usability for the contractually intended purpose requires an exact match.
Verbal and written advice on application technology is only non-binding information and does not release the buyer from his own obligation to check, taking into account the intended application.
(4) We are entitled to make partial deliveries or partial services to a reasonable extent.
(5) The buyer's claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). In the case of building materials and other goods intended for installation or other further processing, an inspection must be carried out immediately before processing. If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified of this in writing without delay. In any case, obvious defects must be reported in writing within five working days of delivery and defects that cannot be identified during the inspection must be reported in writing within the same period of time after discovery. If the buyer fails to carry out the proper inspection and/or notification of defects, our liability for the defect that is not reported or not reported in a timely manner or not properly is excluded in accordance with the statutory provisions.
(6) If the delivered item is defective, we can initially choose whether to provide supplementary performance by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the statutory requirements remains unaffected.
(7) We are entitled to make the supplementary performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.
(8) The buyer must give us the time and opportunity required for the supplementary performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the buyer must return the defective item to us in accordance with the statutory provisions. Subsequent performance includes neither the removal of the defective item nor the reinstallation if we were not originally obliged to install it.
(9) We shall bear or reimburse the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs as well as any dismantling and installation costs in accordance with the statutory provisions if there is actually a defect. Otherwise, we can demand reimbursement from the buyer for the costs incurred from the unjustified request for rectification of defects (in particular inspection and transport costs), unless the lack of defectiveness was not apparent to the buyer.
(10) In urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, the buyer has the right to remedy the defect himself and to demand compensation from us for the expenses objectively necessary for this. We must be informed immediately, if possible beforehand, of such a self-performance. The right to take action ourselves does not exist if we were entitled to refuse subsequent performance in accordance with the statutory provisions.
(11) If the supplementary performance has failed or a reasonable period of time to be set by the buyer for the supplementary performance has expired without success or is unnecessary according to the statutory provisions, the buyer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
(12) Claims by the buyer for damages or reimbursement of wasted expenses exist only in accordance with § 8, even in the case of defects, and are otherwise excluded.
(13) Please note the following when asserting warranty claims:
a. Return Address/Contact Details
Please return all items to the following address only:
b. Necessary documentation
The warranty application (e.g. GVA form) must be filled out completely, factually correct and comprehensibly. With the information you provide, we must be able to understand the complaint and check it technically. Reasons such as "defective" or "damaged" without further explanations are therefore not suitable for initiating a possible warranty process, especially in the case of non-obvious errors.
Installation and removal invoices are required for each individual warranty case. Claims for follow-up costs, in particular assembly costs, must be clearly distinguished from each other on the basis of the initial installation and removal invoices, verified and attached to the returned item when asserting warranty claims.
An error log is mandatory for electronic components. Images of the damage to the vehicle are helpful for the technical check.
Warranty claims for brake parts can only be checked upon presentation of an installation invoice and a log of a lateral runout measurement of the wheel hub including photos.
Please note that missing or incomprehensible evidence or documents may lead to unnecessary inquiries and delays in processing. In this context, we reserve the right to return the goods without a technical inspection. Any costs incurred and incurred may be invoiced if necessary.
c. Durability of individual products/ wear parts
Irrespective of the provisions of Section 9, individual products, particularly wearing parts, may have a shelf life that falls short of the contractual and statutory warranty period. In such cases there is already no defect, so that warranty claims do not exist. The basic prerequisite for the existence of claims for defects is the existence of the defect at the time of the transfer of risk.
Based on the above statements, we hereby make it clear that in particular product groups and products that belong to the exhaust system (e.g. EGR valves or throttle bodies) and are subject to increased wear - possibly also due to incorrect engine settings - simply because of their possibly short shelf life (possibly mileage of maximum 15,000 km), no warranty claims.
In detail, warranty cases can no longer be assumed for the following components:
Brake components such as brake discs, brake pads, etc. from a mileage of 10,000 km (break-in phase).
i.e. Review and processing of the submitted cases
The returned products are subjected to a technical check in our company or sent to the relevant manufacturing plant or a testing institute commissioned by us for a final analysis. Please note that this can lead to a so-called destructive component test. This means that the returned component no longer corresponds to the condition when it was sent in and is, for example, dismantled during the test. We reserve the right to pass on to you demonstrably incurred costs (examined inspection fees or similar) that are related to the technical inspection of the case, if the inspection should reveal that the product you complained about is free of defects. A decision on whether to accept or reject the claims you have made can only be made after the examinations have been completed. In the event of rejection, you will of course receive all old parts, third-party goods, etc. submitted to us. back to our relief.
e. Special features of brake components
In the case of brake discs and brake pads, the braking instructions specified by the vehicle manufacturer must be observed. When replacing the brakes, the chassis components must always be checked for freedom from play and the wheel hub for runout, and the relevant documentation must be provided.
f. Tuning/Misapplication
If the vehicle is not in the standard condition due to tuning measures such as accessory wheels or track plates, this can exclude the assertion of warranty claims. The same applies to use of the vehicle in motor sport or motor sport-like events (overuse) that is not expressly permitted for the purchased components. The buyer must follow the regulations on the treatment, maintenance and care of the object of purchase.
§8 Other Liability
(1) Unless otherwise stated in these AVB including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
(2) We are liable for damages – for whatever legal reason – within the framework of fault-based liability in the event of intent and gross negligence. In the case of simple negligence, we are only liable, subject to statutory liability limitations (e.g. diligence in our own affairs; insignificant breach of duty).
a. for damage resulting from injury to life, limb or health,
b. for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from paragraph 2 also apply to breaches of duty by or in favor of persons whose fault we are responsible for according to statutory provisions. They do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims by the buyer under the Product Liability Act.
(4) Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 650, 648 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.
§9 Statute of limitations
(1) Contrary to Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance. The other regulations and periods of § 438 BGB remain unaffected. Other special statutory regulations on the statute of limitations remain unaffected (in particular § 438 Paragraph 1 No. 1, Paragraph 3, §§ 444, 445b BGB).
(2) The above limitation periods of sales law also apply to contractual and non-contractual claims for damages by the buyer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would result in a shorter limitation period in individual cases to lead. Claims for damages by the buyer according to § 8 paragraph 2 sentence 1 and sentence 2(a) as well as according to the Product Liability Act lapse exclusively according to the statutory limitation periods.
§10 Choice of Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to these AVB and the contractual relationship between us and the buyer, to the exclusion of uniform international law, in particular the UN Sales Convention.
(2) If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Oldenburg (Oldb.). The same applies if the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code. In all cases, however, we are also entitled to file suit at the place of performance of the delivery obligation in accordance with these AVB or a prior individual agreement or at the buyer's general place of jurisdiction. Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.
05/08/2023