Dear customers,
We ask for your understanding that due to the holiday season and public holidays, the delivery of your order may be delayed.
We wish you happy holidays.
Your Mercedes Bald online team

Information on the authenticity of customer reviews

General Conditions of Sale and Information for Customers

Table of contents

  1. Field of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery conditions
  6. Compliance and Legal Warranties
  7. Seller's Responsibility
  8. Force majeure
  9. Applicable law and competent jurisdiction
  10. Alternative Dispute Resolution
  11. Code of Conduct

1) Scope

1.1 These General Terms and Conditions of Sale (GTC) apply to all contracts concluded between a consumer or a professional and H. Hoevel Kraftfahrzeuge GmbH, Zeitzer Strasse 9A, 06722 Droyssig, Deutschland, Tel.: 034425182098, Fax: 034425 182103, E-Mail: [email protected] (hereinafter referred to as the "seller") and having as their object the products and/or services presented by the seller on his Online Store. These T&Cs supersede any conditions imposed by the customer, unless otherwise agreed.

1.2 For the purposes of these T&Cs, a consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. The term "professional" used in these GCS refers to a natural or legal person, whether public or private, who acts, including through another person acting in his name or on his behalf, for the purposes which fall within the scope of his commercial, industrial, artisanal or liberal activity.

v

3) Right of withdrawal

Consumer customers have a right of withdrawal. More details on the right of withdrawal can be found in the seller's information concerning the exercise of the right of withdrawal.

4) Prices and terms of payment

4.1 Unless otherwise stated in the product descriptions published by the seller, the prices indicated by the seller are final prices in euros, all taxes included (including tax). They therefore include value added tax (VAT). However, additional delivery and shipping charges may apply. They will, where appropriate, be expressly indicated in the corresponding product description.

4.2 Deliveries to countries outside the European Union may incur additional costs payable by the customer and not attributable to the seller. These include, for example, costs related to monetary transfers made by credit institutions (transfer fees, exchange fees) and import charges or taxes (customs duties). Such costs may also be incurred in the context of a money transfer if the delivery takes place in a country belonging to the European Union, but the customer makes the payment from a country outside the European Union.

4.3 If advance payment is agreed, this must be made immediately after conclusion of the contract.

4.4 If the payment is made through the payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal", ), in accordance with the PayPal general conditions, available on the site https://www.paypal.com/fr/webapps/mpp< wbr />/ua/useragreement-full. If the customer does not have a PayPal account, the terms of payment without a PayPal account apply, available on the site https://www.paypal.com/fr/webapps/mpp/ua/privacywax-full< /a>.

4.5 If the payment method "PayPal Credit" (payment by installments via PayPal) is chosen, the seller assigns his payment claim to PayPal. Before accepting the Seller's Statement of Assignment, PayPal performs a credit check using the data provided by the Customer. The seller reserves the right to refuse the customer the payment method "PayPal Credit" " in case of a negative check result. If the payment method "PayPal Credit" is authorized by PayPal, the customer will have to pay the amount of the invoice to PayPal in accordance with the conditions specified by the seller and communicated to the customer in the seller's online shop. In this case, the customer can only pay to PayPal with effect of discharge of debts. However, even in the event of assignment of the claim, the seller will remain responsible for general customer inquiries, for example regarding goods, delivery times, shipping, returns, complaints, declarations of withdrawal and credit notes.

4.6 In case of selection of a payment method offered through the "PayPal" payment service, the processing of the payment is carried out via PayPal which can also use the services third-party payment providers for this purpose. Insofar as the seller offers payment methods via PayPal for which he makes advance payments (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or the payment service provider commissioned by PayPal. whose name is designated to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method selected in the event of a negative check. If the selected payment method is permitted, the customer must pay the invoice amount within the agreed payment terms or at the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with discharge effect. The seller remains however responsible, even in the event of assignment of claim, for general customer requests concerning, for example, the goods, the delivery time, the dispatch, the returns, the complaints, the declarations and the sendings of withdrawal or the credit notes.

5) Terms of delivery

5.1 The delivery of the goods takes place regularly by correspondence to the address indicated by the customer, unless otherwise agreed. The delivery address appearing on the order processed and managed by the seller refers during the execution of the transaction. By way of derogation, if the customer has chosen the PayPal payment method, the reference delivery address will be the one registered by the customer at the time of payment via PayPal.

5.2 If the transport company returns the goods to the seller due to the impossibility of delivering them to the customer, the costs incurred by the failure of the shipment will be borne by the customer. . However, this will not apply if the customer has correctly exercised his right of withdrawal, if the customer is not responsible for the circumstances that led to the impossibility of delivery of the goods, or even if he was temporarily prevented from accepting the delivery, unless the seller has announced a reasonable delivery time in advance.

5.3 The seller reserves the right to make deliveries in installments within reasonable limits. No additional costs will be requested from the customer unless the delivery in several installments has been expressly requested by the customer. In the latter case, the seller reserves the right to charge the additional delivery costs to the customer.

5.4 For goods delivered by carriers, delivery is made "to the doorstep", i.e. to the nearest public curb. close to the delivery address, unless otherwise indicated in the shipping information of the seller's online store and unless otherwise agreed.

5.5 In the event of failure to perform the contract by the seller resulting from the unavailability of the goods, the customer is informed and reimbursed without delay and at the latest within thirty days payment.

5.6 The risk of loss or damage to the goods is transferred to the customer when the latter, or a third party designated by the consumer customer himself and other than the carrier proposed by the seller takes physical possession of the goods. If the customer is a professional, the risk of loss or damage is transferred to the customer when the goods are handed over to the carrier.

5.7 If the customer is a professional, the seller reserves the right to terminate the contract in the event of incorrect or inappropriate delivery by its suppliers. This only applies in the event that the seller is not responsible for the non-delivery and the latter, having exercised due diligence, has concluded a concrete compensation transaction with the supplier. The seller is required to use all reasonable efforts to acquire the goods from its suppliers. In the event of total or partial unavailability of the goods, the customer is immediately informed and is reimbursed as soon as possible.

5.8 In the event of collection by the customer, the seller informs the customer by e-mail that the goods ordered are ready for collection. After receipt of the e-mail, the customer can come and collect the goods at the seller's headquarters in agreement with him. In this case the shipping costs are not charged to the customer.

6) Compliance and Legal Warranties

6.1 If the customer is a consumer:

- The seller is liable for defects in the conformity of goods with the contract under the conditions of article L.217-4 and following of the consumer code and for hidden defects in the thing sold under the conditions provided for in articles 1641 et seq. of the civil code.

p

- The consumer has a period of two years from the delivery of the goods to act. He can choose between the repair or the replacement of the good, subject to the conditions of costs provided for by article L.217-9 of the consumer code. He is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good. For second-hand goods, this period is set at six months.

- The legal guarantee of conformity applies independently of any commercial guarantee granted.

- The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he has the choice between the resolution of the sale or the reduction of the sale price in accordance with article 1644 of the civil code.

- For any commercial guarantees, please consult the seller's website.

- If the consumer wishes to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee against defects in the thing sold within the meaning of articles 1641 and of the civil code, he can send it to the seller (H. Hoevel Kraftfahrzeuge GmbH, Zeitzer Strasse 9A, 06722 Droyssig, Deutschland, Tel.: 034425182098, Fax: 034425 182103, E-Mail: [email protected]) .

6.2 If the customer is a professional,

6.3 If the customer is a professional, the limitation of liability clauses and the aforementioned limitation periods do not apply to the legal provisions provided for in the following article of these GCS. .

6.4 The customer is obliged to claim apparent transport damage from the carrier and notify the seller. If the customer does not fulfill this obligation, this does not exclude his right to damages.

6.5 If the customer receives a replacement delivery, he must return the goods received during the first delivery within 30 days. The return costs are, in this case, the responsibility of the seller. In the event of defective goods, the return is made according to the legal provisions.

6.6 The mandatory legal information that informs consumers about how to implement their legal guarantees can be found here: https://www.it-recht-kanzlei.de/information-sur-les- legal-guarantees-france.php

7) Seller's liability

The seller is liable to its customer for damages or reimbursement of expenses for any breach of its legal, contractual, quasi-contractual or tort obligations as follows:

7.1 Under legal provisions, the seller remains fully liable:

  • in case of tortious intent or gross negligence,
  • in the event of willful or negligent injury to life, limb or health,
  • as part of a warranty promise and unless otherwise stated,
  • in the context of mandatory liability for defective products.

7.2 In the event of the seller's breach of an essential contractual obligation, his liability is limited to the damage foreseeable at the time of the conclusion of the contract, unless unlimited liability applies in accordance with the provisions of paragraph 7.1. Essential contractual obligations are obligations which the contract imposes on the seller in order to achieve the objective of the contract and the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which the customer is entitled to rely.

7.3 Apart from the cases provided for above, any liability of the seller is excluded.

7.4 The above liability regulations also apply to the liability that the seller incurs for his vicarious agents or his representative.

8) Force majeure

The seller's liability cannot be implemented if the non-execution or the delay in the execution of one of the obligations described in these GCS results from a case of force majeure.

9) Applicable law and competent jurisdiction

9.1 If the customer is a consumer within the meaning of article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the customer has his habitual residence, except the exclusion of United Nations international trade law. The competent jurisdiction for any dispute in connection with this contract is exclusively that of the habitual residence of the customer.

9.2 If the customer is a professional within the meaning of article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office, the exclusion of United Nations international trade law. The competent jurisdiction for any dispute in connection with this contract is exclusively that of the registered office of the seller.

10) Alternative Dispute Resolution

10.1 The European Commission provides a platform for alternative online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

In order to settle disputes with a seller, consumers have the option of resorting to mediation through this European platform.

10.2 In accordance with the provisions of the Consumer Code, amicable settlement also applies to cross-border consumer disputes. If the customer wishes to use the service of such mediation, he can consult the website of the commission for the evaluation and control of consumer mediation (http://www.economie.gouv.fr/mediation-conso/commission).

This website provides in particular the contact details of the European Consumer Center France and information relating to the methods of assistance from which the consumer can benefit with a view to the out-of-court settlement of such cross-border disputes.

If the customer wishes to use the mediation service in the event of a dispute with the seller, he must first contact the seller in writing. The service of the mediator can only be seized when an agreement with the seller has not been successful.

11) Code of Conduct

- - The seller has submitted to the quality criteria of Trusted Shops which can be viewed on the following web page: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf

En savoir plus sur ce texte source Vous devez indiquer le texte source pour obtenir des informations supplémentaires Envoyer des commentaires Panneaux latéraux