General Terms and Conditions

Scope of Application
Seller
Definition
Conclusion of Contract / Order Processing
Right of Withdrawal
Prices
Terms of Payment
Shipping Costs
Terms of Delivery
Description of the goods offered in the online shop
Retention of Title
Warranty (garantie légale)
Exclusion of Liability
Data Protection
Applicable Law and Place of Jurisdiction, Final Provision

1. Scope of Application

The following General Terms and Conditions ("GTC") of Lëtzparts Gangolf Jérôme (following "Seller") shall apply to all contracts for the delivery of goods/services that a consumer or entrepreneur (following "Customer") concludes with the Seller in his online shop www.letzparts.lu and www.letzparts.com.
Deviating provisions are only valid if they have been expressly accepted by the Seller in writing.

2. Seller

Lëtzparts Gangolf Jérôme
Rue de la montagne, 21
6586 Steinheim
Luxembourg
Tel.: 00352 621464378

Email:
info@letzpartz.lu
info@letzparts.com

RCS A42295
TVA LU31868464
Business permit N° 10111264 / 0

3. Definition

A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

4. Conclusion of Contract / Order Processing

4.1 The goods and descriptions presented in the Seller's online shop do not constitute a legally binding offer on the part of the Seller, but are merely a non-binding online catalog.

4.2 The Customer can submit the offer using the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button Order with an obligation to pay which concludes the ordering process.

4.3 The Seller can accept the Customer's offer within five days,

by sending the Customer an order confirmation in text form (for ex. e-mail, letter), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting the Customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

4.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (for ex. e-mail, letter) after the Customer has sent his order. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer via his password-protected user account by entering the relevant login data.

4.5 The following languages are available for concluding the contract: German, French and English.

4.6 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address.

5. Right of Withdrawal

5.1 Consumers are generally entitled to a 14-day right of withdrawal, starting from the day on which the Consumer or a third party named by him, who is not the carrier, has taken possession of the last goods. The return costs are to be borne by the Consumer.

5.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal instructions.

5.3 A right of withdrawal does not apply to entrepreneurs.

6. Prices

6.1 Unless otherwise stated in the Seller's description of the goods, the prices of the goods stated are total prices which include the applicable statutory value added tax. Possible additional delivery and shipping costs are either stated in the description of the goods or in the ordering process and can be viewed by the Customer here

6.2 Any additional costs incurred, for example for deliveries to countries outside the European Union, are not borne by the Seller but are to be borne by the Customer. These include costs for the money transfer through credit institutions (for ex. transfer fees, exchange rate fees) or import duties or taxes (for ex. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

6.3 In the event of obviously incorrect pricing or obvious calculation errors, the Seller shall be entitled to make corresponding additional claims.

7. Terms of Payment

7.1 The Customer will be informed about the payment options in the Sellers's online shop.

7.2 If advance payment has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.

7.3 In case of self-collection by the Consumer, he undertakes to collect the goods within 10 days, unless otherwise agreed between the Seller and the Customer. After the expiry of this period, the Seller may terminate the contract between him and the Customer by means of a written notification (e-mail, letter). In the case of self-collection, advance payment or cash payment on site is valid.

7.4 If payment is made by a method of payment offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (following "PayPal"), subject to the PayPal Terms of Use.

7.5 Invoices are payable within 10 days of the invoice date without deduction. In case of late payment, the Consumer may be charged the legally applicable default interest of 2%. In case of late payment, the entrepreneur may be charged default interest at a rate of 8% above the reference rate of the European Central Bank. The Seller reserves the right to make further claims.

8. Shipping Costs

The shipping costs can be viewed under the following link: Shipping information

9. Terms of Delivery

9.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction.

9.2 The Customer is obliged to inspect the shipping packaging for obvious damage upon receipt and to notify the parcel carrier immediately.

9.3 At the request of the Customer and in agreement with the Seller, the delivery of the goods can be carried out by the Seller himself for free, provided that

the value of the goods is at least 100€, and
the delivery address is in Luxembourg or in Germany near to the border*.

*: The Seller reserves the right to define the term "near to the border" at its sole discretion.

In this case advance payment or cash payment on site is valid.

9.4 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of withdrawal.

9.5 Delivery periods shall be extended appropriately in the event of force majeure and all other obstacles for which the Seller is not responsible and which have a considerable influence on the delivery, in particular in the event of strikes or lockouts of suppliers or sub-suppliers.

9.6 The Seller reserves the right to make partial deliveries.

10. Description of the goods offered in the online shop

10.1 Description of the condition of the goods (following "article condition")

The following descriptions of the article conditions represent solely the opinion of the Seller.

Article condition "0" means:
New -> New, unused item from current/recent production.
Article condition "1" means:
NOS (New Old Stock), unused spare part from an old stock -> Because of age of the items (sometimes more than 50 years) and due to the long storing time the packing can be damaged, the item can be covered with superficial rust, rubber parts can be chapped etc.
Article condition "2" means:
Used, good as new -> used item in a very good condition, without any damages.
Article condition "3" means:
Used, normal traces of use -> used item without damages with little scratches, some superficial rust etc.
Article status "4" means:
Used, heavy traces of use -> used item with scratches, rust, little damages etc.
Article condition "5" means:
Used, must be refurbished/defective -> used item must be refurbished and/or defective/with damages. Not immediately ready for use.
Article condition "6" means:
Used, unknown functionality -> used item with unknown functionality.

10.2 All details listed in the description of the goods, such as item condition, addition condition, length, width, height, weight, category, item manufacturer, item manufacturer number, designation, car manufacturer, car manufacturer number, model, year of manufacture, item details, etc. are without guarantee.

10.3 All details which are supplemented with one or more question marks ("?") are purely speculations of the Seller.

10.4 The Customer may notify the Seller of errors or insufficient information in the descriptions of the goods in the online shop.

11. Retention of Title

The delivered goods remain the property of the Seller until full payment has been received.

12. Warranty (garantie légale)

12.1 If the purchased good is faulty, the provisions of the statutory warranty (garantie légale) shall apply.

12.2 The limitation period for warranty claims for all goods specified as used is limited to one (1) year from the delivery of the goods. If, within this period, the goods delivered should have defects that are subject to the statutory warranty obligation (garantie légale), the Seller is entitled to replace or repair them at the Customer's discretion. If the repair finally fails or if the subsequently delivered goods are also defective, the Customer may return the goods against reimbursement of the full purchase price or demand a reduction of the purchase price.

12.3 The Customer is obliged to inspect the goods on receipt for obvious defects and to inform the Seller immediately of such defects.

13. Exclusion of Liability

Unless otherwise stated below, further claims of the Customer - irrespective of the legal basis - are excluded. The Seller is therefore not liable for damages that have not occurred to the delivery good itself; in particular, the Seller is not liable for lost profits or other financial losses of the Customer. As far as the liability of the Seller is excluded, this also applies to the personal liability of employees, representatives and vicarious agents. This limitation of liability does not apply to damages caused by intent or gross negligence. In the case of negligent breach of contractual obligations, the obligation to pay compensation for material damage is limited to the amount of damage which the Seller could reasonably have expected to occur when the contract was concluded.

14. Data Protection

Personal Customer data is used exclusively for the processing of the order. The processing and storage is carried out in compliance with the provisions of the law of 2 August 2002 on the protection of personal data.

The Customer has the right to free information, correction, blocking and deletion of the stored data at any time. A request in this regard must be submitted in writing.

The personal data including the home address and e-mail address will not be passed on to third parties. Excluded from this are service partners of the company who require the transmission of data for the processing of the order (for ex. the mail-order company commissioned with the delivery and the financial service provider commissioned with the handling of payments). In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
The Seller uses technical and organizational measures to protect the managed customer data against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.

15 Applicable Law and Place of Jurisdiction, Final Provision

15.1 The place of performance for delivery and payment is Luxembourg. The general place of jurisdiction for disputes of all kinds arising from the delivery contract is the court in Luxembourg. The contractual relationship is subject to Luxembourg law.

15.2 The copyright on all logos and photos displayed in the online shop www.letzparts.lu and www.letzparts.com is held by the seller. Logos and photos may only be used with the written consent of the seller.

15.3 Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected.