TOS

General Terms and Conditions of Sale, Delivery and Payment

1. Vendor and contracting party

Your contracting party for all orders on our website is

Autodoc GmbH
Josef-Orlopp-Straße 55
10365 Berlin

Е-Mail: [email protected]
Web: www.autodoc.co.uk

Manager: Alexej Erdle

VAT ID: DE260634589

Commercial register: HRB 114045 B, Local Court of Berlin-Charlottenburg

2. Scope of validity and object of the contract

2.1  The following General Terms and Conditions (“GTC”) apply for account registration and all purchases of goods by the end customer (“You”) in the www.autodoc.co.uk online shop.

2.2  These GTC exclusively govern the contractual relationship between You and us. Your GTC shall not form an integral part of the contract, even if we do not explicitly object to their inclusion.

2.3  These General Terms and Conditions can be accessed and printed out or downloaded at https://m.autodoc.co.uk/terms-conditions at any time.

3. Registration

3.1  Registration is required to shop in the online shop.  This can be done during the ordering process, but also independently of an order. After the registration has been completed, we will set up an account for You, which You can use to manage your customer data, such as the address for delivery, yourself.

3.2  Only individual natural persons of legal age with the capacity to enter into contracts (i.e. no families or couples, for example), legal entities and business partnerships may register. This requirement also applies to the execution of orders. If a company is registered as a customer, the individual performing the registration guarantees that they are authorised to represent the company.

3.3  When registering your account, You must provide your name, your invoice and delivery address, your phone number and your email address and choose a password (hereinafter “Login Data”).

3.4  You submit a binding offer for the conclusion of the contract relating to the account registration by sending off the completed registration form. You will be shown a summary of the data You have entered before the registration form is sent off. You can correct errors by navigating back to the previous page in the browser and changing your entries.

3.5  After You have completed the registration procedure, we will send You a welcome email. Receipt of this email completes the account registration.

3.6  You guarantee that the information You have provided to us in the context of the registration is true and complete. If You provide incorrect or incomplete information, we are authorised to terminate and delete your account without observing a period of notice. You engage to communicate all future changes to the information provided in the context of your registration without prompting and without delay.

3.7  The account can be terminated in accordance with Section 12. Your personal data will then be deleted immediately unless we are allowed to or required to continue to store them due to statutory provisions. More details can be found in our data privacy statement.

3.8  Under no circumstances, are You authorised to disclose your Login Data or, in particular, your login password to third parties. In the event that a third party obtains access to your account anyways or You have other indications of abuse of your account, You must inform us immediately and change your Login Data.

3.9  There is no entitlement to register or use the online shop. You are not authorised to register on autodoc.co.uk multiple times.

4. Concluding a Purchase Contract

4.1  Contracts for purchasing products are concluded as follows:

4.1.1     To commence the ordering process, you are required to firstly put the article you want into the shopping basket by clicking the relevant button.

4.1.2     Before the order for the contents of the shopping basket is finally sent, all the contents of the order are displayed once again. You can then still change it again. We save your orders after the contract is concluded but you can no longer call them up. So please check your order carefully before clicking on the "Jetzt-Kaufen" ("Buy Now" button).

4.1.3     In the case of payment methods not linked with immediate payment by you, you make a binding offer to conclude a purchase contract by clicking the "Jetzt kaufen" ("Buy Now") button in the shopping basket window screen. Placing products in the online shop is not a binding offer to conclude a contract. We will confirm receipt of the order by email. The confirmation email does not yet mean that we have accepted your offer. The purchase contract is concluded only when shipment of the goods is confirmed. If you pay for the order placed by making an (electronic) SEPA credit transfer of the purchase price to our bank account (payment option "Vorkasse" ["Prepayment"]), only the email confirmation of the order is deemed to be our declaration of acceptance of the order, not our confirmation of the shipment.

4.1.4     In the case of payment methods associated with immediate payment by you such as PayPal, sofortueberweisung.de etc., our offer is available as soon as the products are placed on autodoc.co.uk. You can accept this offer to conclude a purchase contract by clicking the "Jetzt kaufen" ("Buy Now") button in shopping basket screen.

4.2  You can print out your ordering data immediately after you send your order. If you wish to inspect the documents concerning your order again, please contact us by email or telephone. We will be happy to send you a copy of these data.

4.3  Orders can be changed before they leave our warehouse or before they are given to a freight forwarder, i.e. before we issue a shipment number and send  confirmation of the order by email. This does not affect your statutory guarantee rights or your cancellation rights.

4.4  We also reserve the right to cancel the contract if the goods are not available from a reliable, carefully-selected supplier for reasons for which we are not culpably responsible (reservation of self-delivery). In such cases, we will undertake to inform you immediately that the goods are not available and reimburse your payment where appropriate.

5. Substitute Goods

5.1  Substitute goods are goods on which a deposit has been imposed in the ordering information, e.g. generators, which you are required to pay additionally when making a purchase. After receiving substitute goods, please send us the complete defective part or item from your car back to us and give us your bank account details so that the deposit can be repaid to you. Old car parts must be sent back to us at your expense.

5.2  Please make sure that brake callipers, servo pumps and other power steering equipment have been completely emptied of liquids. The old parts must be able to be reconditioned and must not display any cracks or fractures.

5.3  If old parts are returned showing breaks in their casings/housings or drive shafts or differences in current ratings (amperage) / performance, the deposit cannot be reimbursed.

5.4  Examples of substitute goods are:

- servo pumps
- steering systems
- starters
- generators
- brake callipers
- drive shafts
- fuel injectors
- high-pressure pumps
- batteries

6. Shipping and Delivery

Shipping across Great Britain:

Delivery cost for order below £ 140,00 consists of £ 8,45. We offer free shipping if the amount of the order exceeds £ 140,00 (except for delivery abroad and special types of parcels – oversized, exchange items and tyres).

If using payment methods like PayPal or credit card you will not charged with any additional transaction fees.

Shipping outside of Great Britain:

The shipping abroad costs listed below are valid regardless of the amount of the order, and are obligatory to be paid accordingly.

  • 31,66 £
  • 149,28 £
  • 108,56 £
  • 9,00 £
  • 9,00 £
  • 36,19 £
  • 149,28 £
  • 8,89 £
  • 108,56 £
  • 149,28 £
  • 149,28 £
  • 149,28 £
  • 149,28 £
  • 13,57 £
  • 22,62 £
  • 9,48 £
  • 9,20 £
  • 149,28 £
  • 149,28 £
  • 67,85 £
  • 14,43 £
  • 13,40 £
  • 9,91 £
  • 9,00 £
  • 5,38 £
  • 9,00 £
  • 9,00 £
  • 8,62 £
  • 36,19 £
  • 108,56 £
  • 18,09 £
  • 67,85 £
  • 9,00 £
  • 108,56 £
  • 149,28 £
  • 14,43 £
  • 27,14 £
  • 14,43 £
  • 9,00 £
  • 36,19 £
  • 108,56 £
  • 18,09 £
  • 108,56 £
  • 36,19 £
  • 36,19 £
  • 149,28 £
  • 149,28 £
  • 19,63 £
  • 149,28 £
  • 149,28 £
  • 8,12 £
  • 9,00 £
  • 108,56 £
  • 9,14 £
  • 18,09 £
  • 36,19 £
  • 9,00 £
  • 9,00 £
  • 149,28 £
  • 9,00 £
  • 8,39 £
  • 26,89 £
  • 67,85 £
  • 108,56 £
  • 8,45 £
  • 90,47 £
  • 149,28 £
  • 149,28 £
8,45 £ for United Kingdom

Extra charges for oversized cargo:

Following spare parts are to be considered as oversized cargo:
battery, catalyst, manifold, muffler, racing exhaust pipes, threshold, wing, fuel tank, spoiler, trailer coupling (hitch), front cowling, engine compartment lid, engine hood, the insulation of the engine compartment and bumper.

Delivery of oversized cargo to Great Britain is not possible!

Delivery of bulky goods within Germany:
1) Shipping cost of collector, catalyst, muffler, racing exhaust pipe will be increased by £ 4,52 as oversized cargo
2) Shipping cost of battery, threshold, fuel tank, wing, spoiler and bumper will be increased by £ 9,05 as oversized cargo
3) Shipping cost of front cowling, trailer coupling (hitch), engine compartment lid, engine hood, insulation of engine compartment across Germany will be increased by £ 13,57 as oversized cargo.

Additionally shipping costs for oversized cargo abroad (in other countries):

  • Austria: £ 24,38
  • Belgium: £ 24,38
  • Czech Republic: £ 18,95
  • Denmark: £ 33,43
  • France: £ 33,43
  • Holland: £ 24,38
  • Italy: £ 42,48
  • Luxembourg: £ 24,38
  • Slovakia: £ 28,00
  • Sweden: £ 42,48
  • Switzerland: £ 24,38

Additional fee for oversized cargo is valid for each item. Note: Shipment of oversized cargo in countries not indicated in this list is not possible.

All indicated prices include the law required VAT, which is 20%.

Delivery time:

Delivery takes 4-5 working days.

Choosing the free expertcheck option will increase the delivery time with 24 more hours.

"Safe Order":

By using the additional option "Safe Order", You can extend the opportunities of the standard Right of Cancellation. If you make a small payment in the amount of £ 3,95 / order, we are offering you a full refund and free return shippment without stating the reason within first 200 days. This option is available at the last step when ordering — "Confirm". It is valid only in case if the product is in the original packing, is not damaged and not mounted. Please note that the Right of Cancellation is not replaced by the option "Safe Order" and does not refer to it.

Note: Safe Order does not include tyres and oversized goods.
Tyres are not shipped to Scotland.

7. Transfer of Risk, Transport Risk

The risk of coincidental destruction and coincidental deterioration of the goods transfers to you when the goods are given to the person transporting them or when they leave our warehouse for shipping purposes. The earlier event is the deciding factor.

8. Accepting the Goods/Transport Damage

8.1  Among other things, we use parcel services to ship your order. Should a consignment of goods you receive be damaged, please proceed as follows: If possible, complain about the damaged goods to the parcel service employee directly and document the degree and extent of the damage. This will neither restrict nor affect your guarantee rights.

8.2  You can also refuse to accept damaged goods. If your goods delivered are damaged, please contact us by telephone, email or personally at the aforementioned addresses. You will thus help us to enforce our claims against the parcel service and improve our service to you at the same time.

9. Prices and Payment Methods

Credit Cards:
After you chose credit card as payment method, please click on “buy”. After this you will be redirected to a secure page where you can select your credit card type. Finally, you have to enter the correct card information and to confirm the payment. Your card will be charged after your order has been completed.

PayPal:
After you place the order, you will be redirected to PayPal page. Please, log in and make payment. To pay by means of PayPal you need to have PayPal account. There are no additional tariffs.

10. Arrears/Right of Retention

10.1 If you are in arrears with a payment, we reserve the right to invoice you for any necessary charges for any reminders we need to send unless you can prove to us that we have not incurred any costs for the reminders whatsoever or that these costs are considerably lower than the reminder costs we have claimed. Each reminder costs EUR 2.50. If the reminder is not required in accordance with Section 286, Subsection 2, of the German Civil Code, you will incur no costs for the first reminder.

10.2 In cases where consumers are in arrears, we will also be entitled to claim interest of five (5) percentage points - and for commercial enterprises nine (9) percentage points - over the applicable base interest rate.

10.3 Claiming further damages for default will not be ruled out if we claim reminder fees and/or interest receivable.

10.4 You may offset claims pending against us or assert right of retention only if your counter-claim is undisputed, if legally-recognised title exists or if the counterclaim is in synallagmatic proportion to the claim in question.

11. Retention of Title

11.1 To secure our purchase price claims against you, we reserve the right of ownership of all goods delivered to you until the purchase price has been paid in full.

11.2 You are obliged to treat the goods subject to retention of title with care.

11.3 Before of the secured claims are paid in full, the goods subject to retention of title may be neither pledged to third parties nor assigned for purposes of security. You are required to inform us in writing immediately if and when third parties gain access to goods belonging to us.

11.4 If you are a merchant, the following will also apply:

11.4.1   We retain ownership of all goods until full payment of all our current and future claims arising from the purchase contract and ongoing business relationships with you has been made ("secured claims").

11.4.2   If the realisable value of our securities exceeds the secured claims by more than 10%, we will be obliged to release the securities at your request. The choice of securities to be released will be made by us.

11.4.3   The processing or alteration of the goods supplied by you is carried out for us at all times. If the goods supplied are processed with other items not belonging to us, we will acquire joint ownership of the new item to the value of the goods delivered (final invoice amount including VAT.) as a percentage of the value of the processed items at the time of processing. The new item that comes into being as a result of processing will also be subject to the same conditions as for goods supplied under reservation.

11.4.4   If the goods supplied are inseparably mixed with other goods not belonging to us, we will acquire ownership of the new item to the value of the goods supplied (final invoice amount including VAT) as a percentage of the value of the other mixed items at the time of mixing. If mixing is carried out in such a way that your item is to be regarded as the main item, it is deemed to have been agreed that you will transfer proportional ownership to us. You will store the resulting sole or joint property for us.

12. Term, Blocking and Termination of the Account

12.1 The contract on account registration is concluded for an unlimited period.

12.2 You may terminate the contract on account registration at any time without notice.

12.3 We may duly terminate the contract on account registration with two weeks' notice.

12.4 The right to terminate the account for good cause remains unaffected. In particular, we may terminate the contract on account registration without notice if:
- you provide incorrect or incomplete details at registration,
-  you repeatedly breach other contractual obligations and continue to breach them in spite of being called upon by us to refrain from doing so;

12.5 If we have terminated the contract, you will not be entitled to have a new account created again, including under another name or designation.

12.6 All notice of termination must be given in writing. Terminations by email will comply with this written form requirement.

13. Warranties

13.1 Unless otherwise stipulated, your rights in cases of property and legal defects are covered by the provisions of the law.

13.2 Warranty rights for new items expire for consumers within two years. In the case of used items, they will expire within one year following the transfer of risk. For "Stark" brand products, the expiry period is three (3) years.

13.3 If a guarantee claim is submitted, you will at your option be entitled to assert your right to have the defect remedied or to have defect-free goods delivered (subsequent performance). If the manner of subsequent performance selected incurs disproportionately high costs, the claim will be restricted to the remaining type of subsequent performance. We will inform you of this as appropriate.

13.4 If you claim installation and/or dismantling costs with regard to the exchange of a new part supplied by us as a result of liability for quality defects in a workshop, we would ask you to submit the original invoices, receipts etc., as the workshop service will be reimbursed for its costs if the guarantee claim is accepted. Please make sure that the invoice only shows work that is directly connected with remedying the defect, i.e. no work by external parties on the invoice. Furthermore, the cost of labour should show a breakdown of the number of hours worked.

13.5 In the case of purchasers which are companies, liability for defects to used items is ruled out. This will not apply to gross negligence or intent. In the case of new items, warranty rights will expire within half a year following transfer of risk.

13.6 For the purposes of clarity only, we wish to point out that the following circumstances do not justify or constitute material defects if they are the cause of the defect:

- natural wear and tear;
- improper use;
- absence or incorrect care of the goods;
- unsuitable or improper use;
- incorrect installation, in particular if the part ordered is clearly not the right one;
- failure to observe instructions for use;
- incorrect treatment/handling.

14. Checking Accuracy of Fit

We wish to point out that in spite of all care in individual cases, incorrect deliveries may occur. Before installing a part you have bought at sight, you are therefore obliged to check by comparing it with the original exchanged part as to whether the part ordered is actually suitable for your car, for example whether drill-holes and connections all fit. If the part you have bought differs in dimensions, shape or material/s from the exchanged original part, please contact us to resolve the matter further before the part you have bought is installed, adapted or remodelled, e.g. painted. Your guarantee rights will not be affected by this provision.

15. Manufacturer's Guaranties

If there is a separate manufacturer's guarantee to which you may have recourse along with the warranty, this will be shown in each product description. This guarantee applies only to each product and your claims will be based on the guarantee conditions of the manufacturer and addressed to this manufacturer only.

16. Liability of the Vendor for Damages

16.1 We will be liable without restriction for intent, gross negligence and in cases of harm to life, limb and health.

16.2 In cases of minor negligence, we will be liable in cases where an essential contractual obligation has been breached. An essential contractual obligation within the meaning of this Number is an obligation whose fulfilment enables the performance of this contract at all and on whose fulfilment the contractual partner may therefore regularly rely.

16.3 In the event of No. 16.2 above, we will not be liable for any lack of commercial success, loss of profits or indirect damage.

16.4 Liability in accordance with No. 16.2 above is limited to typical damage foreseeable at the time the contract was concluded.

16.5 The liability restrictions apply in the favour of our employees, representatives and vicarious agents correspondingly.

16.6 Any liability for guarantees given by us and for claims based on the German Product Liability Act remains unaffected.

16.7 Otherwise, any other liability on our part is ruled out.

17. Online Dispute-Resolution: Information further to Section 14, Subsection 1, Regulation 2013/524/EU Mediation for Consumers

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Our company is basically neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

18. Consumer Arbitration: Information further to Section 36 of the German Consumer Disputes Resolution Act

18.1 We do not take part in dispute resolution proceedings before consumer conciliation bodies. At the same time, the legal situation requires us to inform you of a consumer conciliation body that is responsible for you:

18.2 Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., (Consumer Conciliation Association of the Conciliation Centre Inc.), Strassburger Strasse 8, 77694 Kehl am Rhein, telephone: 07851 / 795 79 40, fax: 07851 / 795 79 41, email: [email protected], Internet: www.verbraucher-schlichter.de.

19. Final Provisions

19.1 This agreement is governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on the International Sale of Goods. This does not apply to consumers with regard to those provisions compulsorily applicable in law which would be applicable without this clause, i.e. usually of the country in which consumers have their principal residence, and from which no deviations may be made by agreement.

19.2 The sole place of jurisdiction for all disputes arising from or associated with this agreement is Berlin, provided the parties to this agreement are merchants or have no general place of jurisdiction in Germany, another EU member state or which have transferred their permanent abode abroad after these conditions of use came into force or whose domicile or usual place of residence is unknown when legal action is brought.

19.3 We are entitled to amend or adapt these conditions during the term of this agreement with effect for the future if this becomes necessary for a compulsory reason such as court decisions or legislative amendments. We will send you the amended conditions in text form before the date the planned date of their entry into force and will in particular point out the new provisions and the date they enter into force. Simultaneously, we will give you an appropriate deadline period of at least four (4) weeks to declare whether you accept the amended conditions of use for your continued use of our services. If no declaration is made within this deadline period, which will commence as from your receipt of the message in text form, the amended conditions will be deemed to have been agreed. We will inform you separately of this legal consequence when the deadline period begins, i.e. of the deadline period for objections and the significance of your silence. This amendment mechanism does not apply to amendments to the parties' contractual main service obligations.

19.4 The legal invalidity of individual provisions does not affect the binding nature of the remaining clauses.

19.5 The language of this agreement is German.

Berlin, 25 May 2018