Scope of application and definitions:

The following General Terms and Conditions apply to all business relationships between us and our customers. The version valid at the time of conclusion of the contract shall apply.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or persons and companies with legal capacity with whom business relations are entered into and who act in the exercise of their commercial or independent professional activity.

Conclusion of contract

All offers/presentations of goods on the Internet are non-binding and do not constitute an offer and are therefore a non-binding invitation to the customer to order goods (invitatio ad offerendum).

An order can only be placed and transmitted if the customer accepts these GTC by clicking on a corresponding button and has thereby included them in his/her offer.

By ordering the desired goods online, the customer makes a binding contractual offer. In the case of an online order, we will immediately confirm receipt of the customer's order and the customer will receive the legally valid GTC by e-mail in text form with the confirmation of receipt. The confirmation of receipt does not constitute a binding acceptance of the order.

When ordering the desired goods by fax or telephone, the customer makes a binding contractual offer.

Receipt of an order by telephone does not constitute a binding acceptance. The contract is concluded when the order confirmation and legally valid GTC are sent.

FVD Brombacher GmbH will confirm receipt of the order. Such confirmation of receipt does not constitute a binding acceptance of the order.

FVD Brombacher GmbH reserves the right to make technical changes and changes in the shape and/or colour of the goods within reasonable limits.

The following applies to all articles (including those in the remaining stock section): "Only while stocks last". FVD Brombacher GmbH is not obliged to deliver the item(s) immediately or at all. No legal claim to an article can be made. Articles and prices are updated regularly. No liability can be accepted for overlooked, unaltered or incorrectly altered prices and/or articles. In these cases, no contract is concluded

We are entitled to refuse to accept the order - for example after checking the customer's creditworthiness. Furthermore, we are entitled to limit the order to a normal household quantity.

The contract is concluded subject to the reservation that in the event of incorrect or improper self-delivery, we may not fulfil our obligations or only fulfil them in part. This shall only apply in the event that we are not responsible for the non-delivery

Retention of title

We reserve title to the goods and all claims (of whatever nature) until the purchase price has been paid in full. This shall also apply in the event of further processing or mixing with items not belonging to us. In the case of entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

The customer is obliged to treat the goods with care for the duration of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.

The customer must inform us immediately in writing of all access by third parties to the goods, in particular of enforcement measures and of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of any change of address.

The customer shall reimburse us for all damages and costs incurred by a breach of this obligation and the resulting necessary intervention measures against access to the goods by third parties.

We are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of default of payment.

Transfer of risk

All shipments are dispatched at the buyer's risk, even if we carry out the deliveries carriage paid as a result of special agreements.

When downloading and sending data via the Internet, the risk of loss and alteration of the data is transferred to the customer when the network interface is exceeded.

Return costs

The customer shall bear the direct costs of returning the goods .

If the customer is unable to return the goods in whole or in part or only in a deteriorated condition, he may be required to pay compensation.

Right of cancellation for consumers / cancellation policy

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In the case of digital content that is not supplied on a physical data carrier (e.g. CDs), you can cancel the contract within fourteen days of the day on which the contract is concluded without giving any reason.

To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form for this purpose. However, this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion or premature expiry of the right of cancellation

The right of cancellation does not exist or expires prematurely for contracts

- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded;

- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;

- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts

- for services, if FVD has provided these in full and you have acknowledged and expressly agreed before placing the order that FVD may commence the provision of the service and you lose your right of cancellation upon full performance of the contract;

- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery;

- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;

• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Miscellaneous

FVD Brombacher GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Consumer information: For the purpose of out-of-court settlement of consumer disputes, the European Commission has set up a platform for online dispute resolution (ODR platform) in accordance with Regulation (EU) No. 524/2013. The ODR platform can bereached at http://ec.europa.eu/consumers/odr/

Our information is always subject to change. We expressly reserve the right to prior sale of the types and quantities that we have indicated as being in stock.

Offers do not oblige us to accept orders.

Unless otherwise agreed, our prices are ex warehouse, excluding packaging, which is charged at cost price.

Articles/parts collected from us by the customer or his representative are excluded from exchange or return.

Delivery times are given to the best of our judgement, but are not binding. Partial deliveries are permitted unless otherwise agreed.

If the customer does not specify any particular shipping instructions, the goods shall be shipped using the transport route determined by us to the best of our judgement.

FVD Brombacher GmbH does not assume any warranty for used or utilised parts.

All guarantees and consequential damages are excluded.

The inspection of old parts may take several weeks.
If the old part cannot be refurbished, the deposit / core charge will not be refunded and will subsequently be added to the purchase price.
The cost of returning old parts is borne by the buyer.

In addition, the buyer must ensure that all modifications and conversions to vehicles participating in public road traffic (in accordance with the statutory provisions) are entered in the vehicle documents. All claims of the buyer or third parties against the seller arising from accidents of any kind are expressly excluded.

The above terms and conditions also apply to deliveries abroad. German law and German jurisdiction shall apply exclusively to all legal issues arising from the business relationship. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn .

The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

The place of fulfilment for deliveries, services and payments for both parties is Freiburg im Breisgau. Any terms and conditions to the contrary, in particular collateral agreements, promises made by representatives and the customer's terms and conditions of purchase shall only be valid if they have been recognised by us in writing.

If the customer is in default of acceptance, we shall be entitled to store the goods at the customer's risk and expense. We may also utilise a forwarding agent or warehouse keeper for this purpose. For the duration of the delay in acceptance, the customer must pay compensation for the corresponding storage costs without further proof in the amount of a lump sum of 30% of the purchase price per month.

If the customer refuses to accept the goods after expiry of a grace period set for him or if he declares that he no longer wishes to accept the goods, we may demand compensation for non-fulfilment of the contract. We are entitled to demand either a lump sum of 30% of the agreed purchase price or compensation for the actual damage incurred from the customer.

In the case of used goods, we reserve the right to claim reasonable compensation for any deterioration resulting from use in accordance with their intended purpose or from installation.

The warranty period for used goods shall be one year from delivery of the goods, both for consumers and for entrepreneurs.

When selling used goods to entrepreneurs, liability for material defects (warranty) is excluded. This exclusion shall not apply in cases of:

•    damages resulting from injury to life, body, or health
•    intentional or grossly negligent breach of duty
•    fraudulent concealment of a defect
•    assumption of a guarantee

Final provisions 

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

If the customer is a consumer, the wholly or partially invalid provision shall be replaced by the statutory provisions.

If the customer is an entrepreneur, the wholly or partially invalid provisions shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.