General Terms and Conditions

General Terms and Conditions of Business (GTC)

§ 1 APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS

The virtual sales business of Urban Parts GmbH is exclusively governed by the General Terms and Conditions presented here unless something else has specifically been agreed in writing. These GTC will also apply with respect to the business partner in all future business relationships even if they have not been explicitly reaffirmed. We preemptively object to including general terms and conditions of a business partner if they contradict the General Terms and Conditions of Urban Parts GmbH.

§ 2 CONTRACT PARTNERS

The following General Terms and Conditions apply exclusively to businesses, at whom our offer is aimed. Businesses in this meaning are natural or legal persons or legal entities with whom we will enter into a business relationship and who act to exercise an independent or commercial occupational activity. Natural persons acting as entrepreneurs must have reached the age of majority in their country of residence.

§ 3 OFFERS AND ENTERING AGREEMENTS

1. If an order is considered an offer pursuant to § 145 German Civil Code (Bürgergesetzbuch, BGB), Urban Parts GmbH can accept it within two weeks. A sales agreement will only come about if the client has accepted the GTC.
2. The non-binding presentation of products in the online shop is a call for an offer from businesses to enter into a sales agreement.
3. The client’s order, triggered by clicking on the button “Send order,” constitutes a binding offer to Urban Parts GmbH for concluding a sales agreement at the terms and conditions stated in the order.
4. After sending the order, the client will receive an email from Urban Parts GmbH confirming receipt of the order and stating its details (e.g., item, quantity, price, etc.) (confirmation of the order). A sales agreement comes about with sending this order.
5. A sales agreement does not come about for products in the order that are not included in the confirmation of the order. In case of a partial delivery, the agreement exclusively relates to the shipped part of the order.

§ 4 SUBJECT TO AVAILABILITY

If the product named by the client in the order is temporarily not available, Urban Parts GmbH will immediately inform the client. If Urban Parts GmbH is without culpability, (partially) not capable of delivering the goods named in the confirmation of the order for more than two weeks, the client is entitled to withdraw from the agreement. Furthermore, Urban Parts GmbH is also entitled to withdraw from the agreement in that case. Payments already made by the client in that case will be returned immediately.
§ 5 TERMS AND CONDITIONS OF PAYMENT

1. The payment methods accepted by Urban Parts GmbH can be found in our online pages. The client may pick their method of payment during the ordering process.
2. Delivery on invoice or cash on delivery is only possible within Germany.
3. We will conduct a credit check in cases of payment on invoice. The client consents to this by ordering on invoice. In case of a negative result, Urban Parts GmbH is entitled to withdraw from the sales agreement and to alternatively offer the client a purchase against cash on delivery or advance payment.
4. The client must bear all costs arising from transferring the complete amount of the payment demand to the account of Urban Parts GmbH in cases of payment from a country other than Germany. Likewise, costs incurred by Urban Parts GmbH for wrongful non-payment of payment demands or the client’s insolvency will be born in entirety by the client.

§ 6 COSTS AND TYPES OF SHIPPING

1. Deliveries will be made - unless otherwise agreed in writing before delivery of the goods - DAP (Incoterms 2020).
2. We ship with UPS. The goods will be shipped directly if payments are made by cash on delivery, banker’s draft, PayPal or a credit card. In cases of payment by advance payment / pro forma invoice, Urban Parts GmbH will only ship the goods after receiving the payment.

§ 7 DELIVERY

1. The goods will be delivered to the delivery address provided by the client. The client has the option of stating a delivery address other than the billing address.
2. The period of delivery usually is:
About 5 days in Germany after the confirmation of the order or from receiving payment,
In the EU 5 days from receiving payment, and
In other countries 8 to 14 days from receiving payment.
3. Partial deliveries are only permissible if this is acceptable to the client and the client incurs no additional costs.
4. Urban Parts GmbH is not liable for delays caused by force majeure. Liability is also precluded when the delivery is delayed or prevented by the client or their agent or the client commissions the shipping company on their own account.

§ 8 WARRANTY

1. The warranty period is 1 year after the date of delivery. This does not apply if Urban Parts GmbH has maliciously withheld information about the defect.
2. For machines, the warranty is limited to providing replacement for the defective parts.
3. In a warranty case, Urban Parts GmbH can choose in its own judgement to remedy the defect by reworking the delivered defective goods or by replacing them with faultless goods.
4. If two attempts at reworking have failed within a reasonable period of time, the client is entitled to reduce the purchase price or to withdraw from the agreement. Further claims by the client are excluded.

§ 9 RESERVATION OF OWNERSHIP

Until all demands have been fulfilled, the goods remain the property of Urban Parts GmbH. The customer is required to treat the goods with due care until ownership has been transferred.

§ 10 SETTLEMENT AND RIGHT OF RETENTION

The client is only entitled to settle if their counterclaims have been determined in a legally binding manner, are undisputed or have been recognized by Urban Parts GmbH. Furthermore, the client may only exercise a right to retention to the extent their counterclaim is based on the same contractual relationship.

§ 11 OBLIGATION TO GIVE NOTICE OF DEFECTS

1. The client must immediately inspect the goods after delivery and report a present defect without delay.
2. If the client does not report the defect, the goods are considered to have been accepted in faultless condition unless the defect was not recognizable at the time of the inspection.
3. Defects discovered at a later time must immediately be reported after discovery, or else these goods will be considered approved even in the light of these defects.

§ 12 APPLICABLE LAW | COURT OF JURISDICTION

This agreement and all legal relationships of the parties are subject to the laws of the Federal Republic of Germany while excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention).

The place of fulfillment and exclusive court of jurisdiction for all disputes arising from this agreement is our place of business unless specified otherwise in the confirmation of the order.

§ 13 REVISION OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS

Urban Parts GmbH reserves the right to revise these GTC with future effect.

§ 14 CONCLUDING CLAUSE

If a provision of these General Terms and Conditions is ineffective in part or entirety, the other partial or whole provisions remain effective.