General Terms and Conditions of Business
Status: October 2022
These are the general terms and conditions of business in the following "AGB" of the:
Continental Aftermarket & Services GmbH
Sodener Strasse 9
65824 Schwalbach
Germany
Phone: +49-6196-87-1225
e-mail: info@vdo-shop.com
Management:
Ismail Dagli, Frank Staiger, Ludger Trilken, Peter Wagner
Register entry:
Seat of the company: Schwalbach am Taunus
Local court Frankfurt am Main
HRB 54523
Sales tax identification number according to § 27 a sales tax law
USt-ID.NR.DE171884444
WEEE-Reg. No.: DE 59470422
The following GTCs also contain legal information on the rights of the customer in accordance with the regulations on contracts in distance selling and in electronic business transactions.
1. General provisions and scope of application
1.1 Continental Aftermarket & Services GmbH offers its customers new articles for vehicle requirements for purchase and repair services via its own online store at the URL https://shop.continental-aftermarket.com (hereinafter referred to as "website").
1.2 These GTCs shall apply to all articles mentioned in section 1.1 and ordered by the customer or orders placed by the customer for repair and other work and services (hereinafter referred to as "repair services"). They take precedence over the General Terms and Conditions of Sale and Delivery (hereinafter referred to as "GTC") of Continental Aftermarket & Services GmbH.
1.3 Customers within the meaning of these GTC are both consumers and entrepreneurs.
1.3.1 Any natural person with whom a business relationship is entered into and who is acting predominantly for a purpose that is neither commercial nor self-employed.
1.3.2 An entrepreneur in the sense of these GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity.
2. Conclusion of the contract in the online store
2.1 The contract is concluded under the conditions set out in clauses 2.2 to 2.6.
2.2 The products and repair services listed within the online store do not constitute binding offers on the part of Continental Aftermarket & Services GmbH; rather, it is a request to the customer to submit a binding offer by placing an order.
2.3 The customer can choose from the products and repair services listed in the Online Shop and collect them in a so-called shopping cart by clicking the "Add" button. By clicking the button "Order subject to payment", the order from the "virtual shopping cart" is sent to Continental Aftermarket & Services GmbH. The customer thereby submits a binding order (hereinafter referred to as "offer") to purchase the products in the shopping cart or to place an order for repair services. The customer must accept the General Terms and Conditions before completing the order. Continental Aftermarket & Services GmbH will immediately confirm receipt of this order by e-mail (hereinafter referred to as "order confirmation"). The customer's order will be listed again in this order confirmation. The order confirmation merely documents that the supplier has received the customer's order and does not constitute acceptance of the offer. When ordering products, the contract shall only come into effect when Continental Aftermarket & Services GmbH issues the declaration of acceptance, which is sent by a separate e-mail (hereinafter "Shipping and Order Confirmation"). In the case of repair services, the submission of the declaration of acceptance by Continental Aftermarket & Services GmbH by e-mail (hereinafter referred to as "Order Confirmation for Repair Services") initially only constitutes a diagnosis service contract. The declaration of acceptance for the conclusion of the subsequent repair contract is subject to the proviso that a defect is found in the repair device and that Continental Aftermarket & Services GmbH is able to remedy it.
Continental Aftermarket & Services GmbH is entitled to accept orders, even in part, or to reject them without stating reasons.
2.4 In general, the purchase of products (with the exception of services) will indicate whether the product is "in stock" or "not in stock". Products that are marked as "out of stock" cannot be placed in the virtual shopping cart and cannot be purchased. When indicating availability, it is assumed that the order does not exceed the scope of a standard commercial quantity of five products of the same item number.
Repair services can be ordered immediately.
2.5 The performance of the contract by Continental Aftermarket & Services GmbH is subject to the proviso that there are no impediments to performance due to national or international regulations of foreign trade law and no embargoes (and/or other sanctions).
2.6 The performance of the contract for repair services is subject to the proviso that the equipment sent in for repair ("repair equipment") including the completed repair order form pursuant to 11.4 is sent to the delivery address specified in 11.5 within 10 working days. If the device to be repaired is sent freight collect or without a duly completed repair order form, the relevant package will be returned freight collect to the customer's delivery address. In this case the repair order cannot be processed. If the repair device is not sent within 10 working days, advance payments made by the customer will be refunded within 14 working days.
2.7 The provision of a repair service is subject to the proviso that a fault is found in the repair device on the basis of the diagnosis service contract and that Continental Aftermarket & Services GmbH is able to rectify this fault. If the repair is not carried out, the repair device will be returned to the customer with a corresponding diagnostic report within 5 working days after receipt in the store carrying out the diagnosis at the latest. If it is not possible to carry out the repair services, a diagnostic fee of 46,- EUR incl. VAT will be charged for the expenses incurred for diagnosing the fault.
Any payments already made by the customer for the entire repair, less the diagnosis fee, will be refunded within 14 working days using the payment method selected when the order was placed.
2.8 Before placing the first order, the customer must register on the website. The Customer must be at least 18 years of age and thus have full legal capacity. Mandatory fields are marked with a *. By sending the registration form, the customer confirms the accuracy of his details, in particular his name, age and address. After Continental Aftermarket & Services GmbH has received the registration form, a link will be sent to the e-mail address provided by the customer during registration. This link contains the address of the website where the customer can complete the registration by setting the password. Once the customer account has been opened, the customer can place future orders by entering his user name and password without having to enter his address data again. His data will be transmitted encrypted. The Customer can check and correct the entry of his address data at any time under the tab "My Account" and under the sub-tab "My Data" and save the changes made by clicking the button "Save". Continental Aftermarket & Services GmbH reserves the right to refuse or revoke an application for registration or an existing registration without stating reasons. The customer is responsible for keeping the password secret. Continental Aftermarket & Services GmbH can only check whether an access code corresponds to a properly activated customer authorization. Continental Aftermarket & Services GmbH has no further obligation to verify this. Any person who logs in with a customer authorization released on the website and the corresponding password is deemed to be authorized to place orders for the customer registered with it in a legally effective manner.
2.9 The Customer may correct his entries at any time during the ordering process. On the page "shopping cart" the customer can check his entries for the goods and the quantity of goods. He can correct the quantity of the selected goods by changing the number under "Quantity" and delete the selected goods by pressing the "Delete" cross. After the Customer has forwarded the shopping cart by pressing the "Checkout" button, the Customer can still cancel the order process at any time by closing the browser. On the page "Order Overview" the customer can check his entries for the delivery address and payment method.
2.10 The customer can correct his entries at any time during the ordering process. On the page "shopping cart" the customer can check his entries regarding the goods and the quantity of goods. He can correct the quantity of the selected goods by changing the number under "Quantity" and delete the selected goods by pressing the "Delete" cross. After the Customer has forwarded the shopping cart by pressing the "Checkout" button, the Customer can still cancel the order process at any time by closing the browser. On the page "Order Overview" the customer can check his entries for the delivery address and payment method.
He can correct the delivery address and payment method at any time by clicking on the "Change" button.
2.11. If the Customer orders training content online via this Online Shop, it can be accessed and viewed via the VDO Academy platform (available at: URL). The Terms of Use of the VDO Academy (LINK) apply to the use of the platform.
2.12. The text of the contract will be stored; it will continue to be accessible via the internal customer area after the order has been placed. Login shall be carried out directly via the website by entering the user name corresponding to the e-mail address provided and the previously determined password. You can view the terms and conditions at any time on the website. The order data and the AGBs are sent to the customer with the order confirmation. After completion of the order, the customer's order data is no longer accessible via the Internet for security reasons.
2.13. The customer has the option of concluding contracts with Continental Aftermarket & Services GmbH in German.
2.14. Continental Aftermarket & Services GmbH submits to its Code of Conduct. The provisions of this Code of Conduct can be found at
https://www.continental.com/de/nachhaltigkeit/nachhaltigkeit-ueberblick
3. Conformity of the customer
The customer confirms that the products purchased with this contract or order may be subject to export control or economic sanctions under the laws of the Federal Republic of Germany, the United States, the European Community or other countries. The customer is responsible for ensuring that he observes the laws of these countries or alliances. He undertakes not to export/re-export, transfer or grant access to controlled technology without first obtaining all necessary permits and licenses.
4. Right of withdrawal
Cancellation policy / Right of cancellation
Consumers have the right to cancel this contract within fourteen days without giving reasons.
4.1 Right of withdrawal for the purchase of goods
Right of withdrawal
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must give us:
Continental Aftermarket & Services GmbH,
Sodener Strasse 9
65824 Schwalbach am Taunus, Germany
Phone: +49-6196-87-1225
e-mail: info@vdo-shop.com
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.
You may also electronically complete and submit the sample revocation form or other unambiguous statement. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You shall return the goods without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement:
Continental Automotive GmbH
VDO Road 1, Hall B14
64832 Babenhausen
Germany
to return or hand over Continental Aftermarket & Services GmbH at the above address. The deadline is deemed to have been met if you dispatch the goods before the end of the fourteen-day period.
The buyer bears the direct costs of returning the goods. The costs are estimated at a maximum of approximately 39.90 EUR per package.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
4.2 Right of revocation for the provision of services, repair services and the purchase of digital content
Cancellation policy / Right of cancellation
Consumers have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must give us:
Continental Aftermarket & Services GmbH,
Sodener Street 9
65824 Schwalbach am Taunus, Germany
Phone: +49-6196-87-1225
e-mail: info@vdo-shop.com
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory. You may also electronically complete and submit the sample cancellation form or other unambiguous statement. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation with respect to this Agreement compared to the total amount of services provided under the Agreement.
Sample revocation form
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back)
On:
Continental Aftermarket & Services GmbH,
Sodener Strasse 9
65824 Schwalbach am Taunus, Germany
email: info@vdo-shop.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
- Date
(*) Delete as applicable
5. Expiration of the right of withdrawal for paid content contracts
5.1 A Paid Content Agreement is a contract for the delivery of data not contained on a physical data carrier, which is produced and made available in digital form (hereinafter "digital content"), e.g. download of: software, computer programs, applications (apps), games, music, videos, online trainings or texts (hereinafter "Paid Content Agreement").
5.2 In the case of a Paid Content Agreement, the right of revocation expires when Continental Aftermarket & Services GmbH has begun to execute the Agreement. However, a prerequisite for the lapse of the right of revocation is that the customer has given his express consent to the execution of the contract before the end of the revocation period and has simultaneously confirmed that he is aware that he loses his right of revocation when the execution of the contract begins.
5.3 In the case of the delivery of digital content, the Customer must therefore expressly agree when sending his order from the shopping cart that he agrees to the execution of the contract before the end of the revocation period. In addition, the Customer must simultaneously confirm that he/she has taken note that he/she loses his/her right of revocation with the beginning of the execution of the contract.
5.4 In the dispatch and order confirmation by email, with which the binding offer of the Customer is accepted, the consent and knowledge of the Customer mentioned in clause 5.3. is also recorded once again.
6. Lapse of the right of withdrawal for repair services
6.1 In the case of a contract for repair services, the right of revocation expires when Continental Aftermarket & Services GmbH has fulfilled the contract for diagnosis or repair. However, a prerequisite for the lapse of the right of revocation is that the customer has given his express consent to the execution of the contract before the end of the revocation period and at the same time has confirmed that he is aware that he loses his right of revocation when the execution of the contract begins.
6.2 When purchasing repair services, the customer must therefore explicitly agree to the execution of the contract before the end of the cancellation period when sending his order from the shopping cart. In addition, the customer must simultaneously confirm that he has taken note that his right of revocation expires upon complete fulfillment of the contract.
6.3 In the order confirmation for repair services by email, with which the binding offer of the customer is accepted, the consent and knowledge of the customer mentioned in paragraph 6.2. is also recorded again.
6.4 If the customer revokes the contract for repair services before the diagnostic or repair services have been fully performed and the right of revocation has not yet expired, Continental Aftermarket & Services GmbH may demand compensation for the value of the partial performance already rendered up to the time of revocation.
7. Retention of title
In the case of contracts with consumers, Continental Aftermarket & Services GmbH retains title to the goods sold until the purchase price has been paid in full; in the case of contracts with entrepreneurs, Continental Aftermarket & Services GmbH retains title to the goods until all claims arising from an ongoing business relationship have been settled in full (hereinafter referred to as "reserved goods").
8. Prices, delivery and shipping costs
8.1 The prices listed in the store may be displayed differently in the following views.
8.1.1 For consumers (B2C), the prices listed in the online store are shown as gross prices including VAT.
8.1.2 For companies (B2B), the prices listed in the online store are shown as net prices excluding VAT.
8.2 For the diagnostic service the diagnostic fee mentioned in the product description is charged.
8.3 For repair services, the all-inclusive prices listed on the website shall apply, for which there is no entitlement to cost breakdowns. In the event of a repair, the diagnostic service listed separately in the Online Shop is already included in the flat-rate price for the repair.
8.4 Unless otherwise agreed in individual cases, the prices do not include packaging, freight, postage and insurance. Additional delivery and shipping costs are therefore incurred when the goods are shipped, the amount of which is determined by the information provided in connection with the specific offer. All additional freight, delivery, shipping or other costs will be clearly and comprehensibly communicated to the customer in a highlighted manner immediately before he places his order.
8.5 The corresponding delivery and shipping costs shall be borne by the customer, unless the customer exercises his right of revocation.
8.6 The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
9. Terms of payment
9.1 The customer can pay by credit card or via PayPal.
9.2 Payment of the purchase price is due immediately upon conclusion of the contract. The customer shall pay all amounts without deduction no later than 10 days after receipt of the request for payment; the date of receipt of the money for unconditional disposal by Continental Aftermarket & Services GmbH shall be decisive for the timeliness of the payment. The date of receipt of payment shall be deemed to be the date on which the amount is paid to Continental Aftermarket & Services GmbH via PayPal or credited to a credit card. If the due date expires without payment, the customer shall be deemed to be in default of payment without further notice from Continental Aftermarket & Services GmbH.
9.2.1 If payment is to be made by credit card, the customer authorizes Continental Aftermarket & Services GmbH, upon disclosure of his credit card data, to have the full invoice amount, including any delivery, packaging and shipping costs incurred, charged to the customer's credit card when due.
9.2.2 A consumer shall pay interest on the monetary debt during the period of default at a rate of 5 percentage points above the respective base interest rate.
9.2.3 An entrepreneur must pay interest on the money debt during the period of default at a rate of 9 percentage points above the respective prime rate. The right to prove and assert higher default interest damages is reserved.
9.3 The customer who is not a consumer shall only be entitled to offset or withhold payments if his counterclaims have been legally established or are undisputed by Continental Aftermarket & Services GmbH.
10. Terms of delivery and shipping
10.1 The delivery of the articles takes place against prepayment and by shipping. The goods will be shipped or handed over to the customer - provided the goods are in stock and nothing to the contrary is noted for them on the website - in the case of prepayment only after Continental Aftermarket & Services GmbH has received the full purchase price plus any delivery and shipping costs, presumably within the repair delivery time specified under 15.2.
10.2 Delivery of the ordered goods shall be effected by a carrier commissioned by Continental Aftermarket & Services GmbH. Continental Aftermarket & Services GmbH shall select the freight forwarder at its best discretion, but without guarantee for the selection of the fastest and cheapest shipment. Partial deliveries are permitted, provided they are reasonable for the customer. No additional shipping costs will be incurred if a partial service is provided at the instigation of Continental Aftermarket & Services GmbH.
10.3 The customer assures that he has provided the correct and complete delivery address when placing his order. If additional shipping costs are incurred due to incorrect address data - such as new shipping costs - the customer shall reimburse these costs.
10.4 In the event of repairs, the customer shall send the repair device with the attached repair order form to the delivery address stated under 11.5 at his own risk and expense. Alternatively, the customer can have the repair device with the attached repair order form collected by us, providing the necessary information. Collection costs will be charged as additional shipping costs.
10.5 Delivery address for devices to be repaired or replaced
Continental Automotive GmbH
Repair services
VDO Strasse 1, Halle B14
D - 64832 Babenhausen
The packaging instructions on our website must be observed.
11. Customer service, warranty
11.1 Any inquiries and/or complaints of any kind should be addressed to Continental Aftermarket & Services GmbH using the contact details given above.
11.2 The statutory warranty claims apply to the articles and services offered in the online store.
12. Liability
12.1 Continental Aftermarket & Services GmbH is liable without limitation under the statutory provisions for damages resulting from injury to life, body or health caused by a negligent or intentional breach of duty and for other damages caused by a grossly negligent or intentional breach of duty as well as fraudulent intent.
12.2 In addition, Continental Aftermarket & Services GmbH shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the German Product Liability Act, or if and to the extent that a guarantee for a certain quality of the item or for the item retaining a certain quality for a certain period of time has been assumed by Continental Aftermarket & Services GmbH.
12.3 Continental Aftermarket & Services GmbH shall be liable for damages caused by simple negligence to the extent that such negligence relates to the violation of such contractual obligations the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the customer may regularly rely (hereinafter referred to as "material contractual obligations"). In this context, the liability of Continental Aftermarket & Services GmbH shall be limited to foreseeable damage typical for this type of contract.
12.4 In the event of simple negligent breaches of such contractual obligations which are not already covered by clause 12.3 (so-called "immaterial contractual obligations"), Continental Aftermarket & Services GmbH shall be liable to consumers - this, however, shall be limited to the foreseeable damage typical for this type of contract.
12.5 Any further liability - irrespective of the legal nature of the claim asserted - is excluded.
12.6 Insofar as liability is excluded under the above provisions, this shall also extend to the personal liability of employees, legal representatives and vicarious agents of Continental Aftermarket & Services GmbH.
13. Handling of the products
13.1 The products offered in the online store are primarily products which are installed in motor vehicles or used in connection with them.
13.2 Due to the technical complexity of the products mentioned in clause 13.1. of this contract, proper installation or proper handling of these products by competent persons is essential for the faultless and safe functioning of the products.
13.3 The product information and safety instructions enclosed with the products or attached to the product must be strictly observed.
13.4 The warranty claims mentioned in item 11 of these GTC can only be asserted under the conditions stated in items 13.2. and 13.3. of these GTC. The assertion of warranty claims by the customer for damages resulting from non-compliance with Sections 13.2. and 13.3. of these GTC is excluded.
14. Scope of repair services
14.1 The repair services offered in the Online Shop are limited to the repair of equipment in accordance with the repair order form and the content of the contract concluded between Continental Aftermarket & Services GmbH and your customer. Continental Aftermarket & Services GmbH will not carry out any repairs to equipment that has already been repaired or attempted to be repaired by third parties in the past.
14.2 The repair delivery time for common defects is expected to be less than 72 hours from receipt of the repair device by Continental Aftermarket & Services GmbH until it is ready to be returned to the customer. The repair service within this period is very likely, but cannot be guaranteed and will be extended in case of unknown defect patterns and unforeseeable events.
15. Online dispute resolution
According to REGULATION (EU) No. 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of May 21, 2013 and according to § 36 of the Consumer Dispute Resolution Act, Continental Aftermarket & Services GmbH is obliged to inform you about the online dispute resolution procedure.
Continental Aftermarket & Services GmbH does not take part in any dispute resolution proceedings before a consumer arbitration board and is not obliged to do so. The consumer arbitration board responsible for Continental Aftermarket & Services GmbH would be: Bundesverband Reifenhandel und Vulkaniseur-Handwerk e.V., Franz-Lohe-Straße 19, 53129 Bonn, Germany. https://www.bundesverband-reifenhandel.de/mitglieder/brv-schiedsstelle/
The following LINK will take you to the online platform of the EU Commission for extrajudicial online dispute resolution (so-called "OS Platform"). Continental Aftermarket & Services GmbH is neither willing nor obliged to participate in any dispute resolution proceedings before a consumer arbitration board.
16. Final provisions, data protection
16.1 The law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG/UN Sales Convention) shall not apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
16.2 Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of the GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision whose effects come as close as possible to the substantive objective which the parties had pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the GTC contain an unintentional loophole.
16.3 If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Frankfurt. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is not known at the time of filing the suit. The authority of Continental Aftermarket & Services GmbH to also call upon the court at another legal venue remains unaffected by this.
16.4 The customer may at any time call up, change or delete the data stored by him under the button "My Account" in his profile. In addition, with regard to any consent of the customer and further information on data collection, processing and use, reference is made to the data protection information, which can be called up in printable form at any time on the Provider's website via the footers "Privacy" and "Cookies".