Terms and Conditions of Sale
A. Subject matter of the contract, scope of the conditions, Identity of the shop operator
1. These general terms and conditions apply to all orders by customers (hereinafter referred to as orderers) for goods via the Daimler Truck online shop. Any further rights of the customer, insofar as they are consumers, are indicated, see section J. number 1.
2. The Daimler Truck online shop is operated by Daimler Truck AG, Commercial Vehicle Center Mercedes-Benz Neu-Ulm. Further information on Daimler Truck AG can be found in Section J. Item 6.
3. The validity of the customer's general terms and conditions is hereby expressly contradicted. This also applies if the customer counter-confirms with reference to his own terms and conditions of business or purchase.
B. Conclusion of the Contract, Amendments to the Contract and Assignment
1. By completing the ordering process on the Daimler Truck online shop, the customer submits a binding offer to Daimler Truck AG to conclude a contract with Daimler Truck AG. The customer must have access to an e-mail address for this. The ordering process includes the following steps. In the first step, the customer selects the desired goods in the desired quantity. In the second step, the customer's personal data including e-mail address and billing address as well as a possibly different delivery address are recorded. In the third step, the available shipping methods are displayed and can be (partially) changed. In the next step, the customer chooses one of the payment methods mentioned in Section E. All information can be checked again on the same page and corrected if necessary before the ordering process can be completed by clicking on the "Order with obligation to pay" button.
The customer can correct input errors before sending his order by pressing the "back" button. Missing or incorrect information in mandatory fields is displayed in red or with a red border.
The order data and the general terms and conditions (including cancellation policy) can be seen again in the order confirmation, which is sent to the customer by e-mail after the order has been placed, and can be printed out from there in file form.
2. Daimler Truck AG immediately confirms receipt of the order by sending an email to the customer. The order confirmation is only sent to inform the customer about the receipt of his offer and does not yet constitute a contract, i.e. no declaration of acceptance of his offer.
3. The customer is bound to his order for a maximum of 7 days from dispatch.
4. The contract for the purchase of goods only begins when Daimler Truck AG has confirmed acceptance of the order within the aforementioned period of 7 days either by another e-mail or the delivery has taken place. Goods are made available by delivery. The Daimler Truck AG Commercial Vehicle Center Mercedes-Benz Neu-Ulm will inform the customer immediately if the Daimler Truck AG Commercial Vehicle Center Mercedes-Benz Neu-Ulm does not accept the order.
C. Right of withdrawal, consequences of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. In order to exercise your right of withdrawal, you must send us (Daimler Truck AG, Commercial Vehicle Center Mercedes-Benz Neu-Ulm, Mercedes-Benz-Platz 1, 89231 Neu-Ulm, email: originalteile-ulm@daimlertruck.com) a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will we charge you for this repayment. We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
D. Prices
2. The shipping costs for deliveries of goods within Germany and in member states of the European Union are €7.00. From an order value of €100.00 we deliver free of charge within Germany. Selected items can only be shipped by courier. The shipping costs for deliveries of goods within Germany are €60.00 and €170.00 in member states of the European Union. The forwarding costs for the delivery of goods by forwarding to a third country are €300.00. If several goods ordered in one order process are delivered in partial deliveries, the shipping costs will only be charged to the customer once.
E. Payment
1. Payment can be made by Klarna (purchase on account, installment purchase or financing) or credit card (VISA or MasterCard). The invoice amount is to be transferred within 30 days, stating the order and/or customer number stated there.
2. Daimler Truck AG reserves the right to exclude individual payment methods.
F. delivery and provision of goods
1. General information on the availability, shipping or delivery of a product on the Daimler Truck AG website does not constitute a binding delivery date.
2. Ordered goods will be delivered while stocks last. If Daimler Truck AG is not able to deliver the ordered goods through no fault of its own, Daimler Truck AG is entitled to withdraw from the contract with the customer. If, in exceptional cases, goods that have already been paid for cannot be delivered, Daimler Truck AG will reimburse the customer for the payments received. Statutory claims of the customer remain unaffected by this.
3. Partial deliveries of goods when ordering several goods are permitted, provided they are reasonable for the customer. Shipping costs, if incurred, will only be charged once to the customer.
4. Force majeure and operational disruptions occurring at Daimler Truck AG or its suppliers or the commissioned delivery service that transfers services, which temporarily prevent Daimler Truck AG from delivering the goods through no fault of its own, shall be released for the duration of the disruptions in performance caused by these circumstances from the delivery obligation.
5. If such disruptions lead to a delay in performance of more than 14 days after acceptance of the order or if a binding delivery date is exceeded, the customer can withdraw from the contract. Further rights remain unaffected by this..
6. If the customer is an entrepreneur within the meaning of section G, number 1, sentence 2, Section 377 of the German Commercial Code (HGB) applies.
7. When ordering goods, the manufacturer reserves the right to make design and shape changes, deviations in color and changes to the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for the customer, taking into account the interests of Daimler Truck AG. If Daimler Truck AG or the upstream supplier uses symbols or numbers to designate the order or the goods ordered, no rights can be derived solely from the symbols and numbers.
G. Reservation of Title
1. The object of purchase remains the property of Daimler Truck AG until the claims to which Daimler Truck AG is entitled under the purchase contract have been settled. If the customer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or self-employed professional activity, the retention of title also applies to claims of Daimler Truck AG against the buyer from the ongoing business relationship until the settlement of claims due in connection with the purchase. At the request of the customer, Daimler Truck AG is obliged to waive the retention of title for parts of the object of purchase if the value of the object of purchase exceeds all claims associated with the object of purchase by 20% and for the other claims from the ongoing business relationship there is otherwise adequate security.
2. As long as the retention of title exists, the customer may neither dispose of the object of purchase nor grant third parties contractual use of it. 3. If the country in which the object of purchase is located does not permit retention of title, but allows Daimler Truck AG to reserve other rights to the object of delivery, Daimler Truck AG can exercise all rights of this type. The customer is obliged to take all measures at his own expense that are necessary to enable and maintain the retention of title or, instead, another right to the objects of purchase.
H. Complaints
1. The customer can contact us with questions and complaints via the contact form.
2. There is a statutory liability for material defects. A guarantee or the assumption of a no-fault procurement risk is not associated with the description of the service in the respective service descriptions.
3. For parts installed to remedy defects or delivered goods, the customer can assert claims for material defects based on the purchase contract until the expiry of the limitation period for the purchased item.
4. Claims by the customer due to material defects in goods expire in accordance with the statutory provisions two years after delivery of the goods, unless otherwise agreed below. However, if the customer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or self-employed professional activity, claims for material defects for goods shall become statute-barred in one year. Longer limitation periods due to mandatory statutory provisions and in the event that Daimler Truck AG assumes a guarantee remain unaffected.
5. This Section H. does not apply to claims for damages; Point I. Liability applies to these claims
I. Liability
1. If Daimler Truck AG is liable for damage caused by slight negligence on the basis of the statutory provisions in accordance with these conditions, Daimler Truck AG shall have limited liability. Liability only exists in the event of a breach of essential contractual obligations, such as those that the contract intends to impose on Daimler Truck AG in terms of its content and purpose, or the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer regularly relies and may rely. Liability is limited to the typical damage foreseeable at the time the contract was concluded.
2. The legal liability of Daimler Truck AG in the event of fraudulent concealment of a defect, in the event of intent and gross negligence, in the assumption of a guarantee or a procurement risk, in the event of injury to life, limb or health and under the Product Liability Act remains unaffected.
3. The personal liability of the legal representatives, vicarious agents and employees of Daimler Truck AG for damage caused by them through slight negligence is excluded.
J. Additional Rights, place of juisdiction, applicable law and summons address
1. The law of the Federal Republic of Germany applies to contracts concluded for orders in the Daimler Truck online shop, unless mandatory national consumer protection regulations under the law of the country in which the customer has his residence or habitual residence take precedence to the customer's advantage.
2. If the customer is an entrepreneur within the meaning of section G, number 1 sentence 2, the exclusive place of jurisdiction for all current and future claims arising from or in connection with this contractual relationship is the registered office of Daimler Truck AG.
3. The same place of jurisdiction applies to the domestic customer if he does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence from within Germany after the conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed. For the rest, in the event of claims by Daimler Truck AG against the customer, the place of jurisdiction shall be his place of residence.
4. The United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods does not apply.
5. Should one or more of the above provisions be or become invalid, the validity of the remaining provisions will not be affected.
6. Address for summons: Daimler Truck AG, Fasanenweg 10, 70771 Leinfelden-Echterdingen, seat and register court/domicile and register court: Stuttgart, HRB no./Commercial Register No.: 762884
K. Information on Online Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase contracts. You can reach the OS platform by clicking the button.
L. Notice according to § 36 Consumer Dispute Settlement Act (VSBG)
Daimler Truck AG will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.