Terms and Conditions

General terms and conditions of business

for the online shop at shop.uscar-trader.com

from

USCar Trader GmbH

Königsberger Strasse 9

85386 Eching

Telephone: 0049 (0)89 2000 791 00

E-Mail: shop@uscar-trader.com

(hereinafter: Provider )

for the sale of products to consumers

(hereinafter: Customers )

scope

The sale of the provider's products, which are offered via the online shop at the above-mentioned URL, takes place exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time the contract is concluded.

These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that deviate from these General Terms and Conditions do not apply unless the provider and the customer have expressly agreed to this.

definition, limitation

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to a commercial or self-employed professional activity.

conclusion of the contract

The offers on the provider's website represent a non-binding invitation to the customer to order products. By submitting the order (clicking on the "buy now" button) on the provider's website, the customer makes a binding offer to conclude a contract.

Confirmation of receipt of the order will be sent immediately after the order has been sent and does not constitute acceptance of the contract. The provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by the provider delivering the ordered goods, whereby receipt of the goods by the customer is decisive, or by the provider requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.

When submitting an offer via the provider's online order form, the contract text is saved by the provider and sent to the customer after sending his order together with these General Terms and Conditions in text form (e.g. email, fax or letter).

Before the binding order is placed via the provider's online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is placed and can also be corrected there using the usual keyboard and mouse functions.

The German and English languages are available for the conclusion of the contract.

redemption of promotional vouchers

Vouchers that are issued free of charge by the provider as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed on the provider's website under the corresponding conditions.

Promotional vouchers can only be redeemed by consumers.

Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods provided by the provider can be selected to pay the difference.

The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

The promotional voucher is transferable. The provider can make a payment to the respective holder who redeems the promotional voucher with a discharging effect. This does not apply if the provider has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

payment

The prices listed on the provider's website at the time of ordering apply. All prices include VAT and are subject to the shipping costs listed.

The payment methods listed on the provider’s website are available.

If the customer defaults on payment, the provider is entitled to charge consumers default interest of five percentage points above the base interest rate of the European Central Bank. In the event that the provider claims further damages due to default, the customer has the opportunity to prove that the damages claimed did not occur at all or were less.

retention of title

The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

Delivery

The delivery times can be found on the provider's website. The provider will indicate any differing delivery times on the respective product page. The start of the delivery time specified by the provider presupposes the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address when placing the order.

If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the customer in the case of consumers as soon as the provider has handed the item over to the forwarding agent, the freight carrier or the natural or legal person otherwise designated to carry out the shipment, if the customer has independently commissioned the forwarding agent, the freight carrier or the natural or legal person otherwise designated to carry out the shipment to carry out the shipment.

warranty

The statutory liability for defects applies. The following applies to contracts for the delivery of goods:

If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

The limitations of liability and shortening of time limits set out above do not apply

for claims for damages and reimbursement of expenses by the customer

in the event that the provider has fraudulently concealed the defect

for goods that have been used for a building in accordance with their usual use and have caused its defectiveness

If the customer acts as a consumer, the customer is required to complain to the deliverer about goods that have obvious transport damage and to inform the provider of this. If the customer does not do this, this will have no effect on his or her legal or contractual claims for defects.

Liability

The provider is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

The provider is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability such as under the Product Liability Act.
If the provider negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the provider in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

Otherwise, the provider’s liability is excluded.

The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

The customer indemnifies the provider against any claims by third parties – including the costs of legal defense in their statutory amount – that are asserted against the provider due to unlawful or contractually-violating actions by the customer.

revocation

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy (https://shop.uscar-trader.com/pages/widerrufsbelehrung).

Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.

final provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office has jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The provider's registered office can be found in the heading of these General Terms and Conditions.

To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

Status: 05.02.2025