General terms and conditions

General Terms and Conditions

S&K Solutions GmbH with its brand auto-iD 24/7

§ 1 Scope, general obligations of the customer

1.1 The following terms and conditions apply to all contracts concluded within the online offers of auto iD 24/7, a brand of S&K Solutions GmbH (auto iD 24/7), by consumers and entrepreneurs for the delivery of products (goods) and the provision of work (services).

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 These terms and conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses deviating, conflicting or supplementary terms and conditions, these shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed in writing.

1.4 All information provided by you during the ordering process must be current and truthful. You must not disclose your password to third parties, you must keep it safe and inaccessible to unauthorised persons and notify us immediately in writing if it is lost or disclosed. You are liable in accordance with the statutory provisions for any misuse, e.g. for any unauthorised orders placed by third parties using your password and the resulting claims.

1.5 We reserve the right to amend these General Terms and Conditions with effect for future contracts if this is necessary due to changes in the law, supreme court rulings or technical changes to our services. We will inform you of any planned amendments in writing at least two months before they are due to come into effect. The amendments will only take effect if you expressly agree to them (opt-in).

§ 2 Conclusion of contract and written form

2.1 The presentation of products from the online offering of auto iD 24/7 (online shop) does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the ‘Buy’/‘Place order’ button, you are placing a binding order for the goods contained in your shopping basket. Confirmation of receipt of your order will be sent immediately after the order is submitted by automated email and does not yet constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within three days. A binding contract may also be concluded earlier: If you have chosen PayPal, the contract is concluded upon completion of the PayPal payment process. In the case of ‘prepayment’ or ‘purchase on account’, the confirmation of the order shall be deemed the time of conclusion of the contract. If you have chosen credit card payment, the contract is concluded at the time the credit card is charged. If you have chosen the payment method ‘instant transfer’ (an online payment method), the contract is concluded at the time of confirmation of the payment order to Novalnet AG.

2.2 The subject matter of the contract is exclusively the goods sold with the properties and characteristics as well as the intended use in accordance with a special written agreement or the description accompanying the goods. Other or further properties and/or an intended use beyond this shall only be deemed agreed if they are expressly confirmed in writing by auto iD 24/7.

2.3 The offers made by auto iD 24/7 are subject to change. We reserve the right to make technical changes and changes to the form, colour and/or weight within reasonable limits. Drawings, illustrations, dimensions, weights and other performance data are only binding if this is expressly agreed in writing.

2.4 The contract is concluded subject to correct and timely delivery by auto iD 24/7's suppliers. This only applies if auto iD 24/7 is not responsible for the non-delivery, in particular in the event of a congruent covering transaction (a transaction in which the supplier of the goods or services is the same as the supplier of the insurance) with the supplier of auto iD 24/7. The contractual partner shall be informed immediately of the unavailability of the goods or services. The consideration shall be refunded immediately.

§ 3 Prices, additional costs

3.1 Prices are quoted in EURO and are exclusive of statutory value added tax within the Federal Republic of Germany.

3.2 Prices are ex works and, unless expressly agreed otherwise, exclude packaging, freight, postage, insurance and installation costs.

3.3 Shipping is at the expense of the contractual partner. The exact shipping and processing costs will be displayed during the ordering process.

§ 4 Terms of payment

4.1 You can choose to pay by prepayment, credit card, instant bank transfer or PayPal. Purchase on account is also possible. If you choose prepayment, the purchase price is due for payment upon receipt of the order confirmation.

4.2 auto-ID 24/7 reserves the right to invoice the agreed service electronically by email.

4.3 auto iD 24/7 may revoke agreed payment terms with deferral if circumstances become known that could jeopardise the enforcement of the claims. In all other respects, the statutory provisions shall apply. auto iD 24/7 reserves the right to refuse certain payment methods.

4.4 Data collection and processing for payments via Novalnet 'Buy on account'. When paying via the Novalnet 'Buy on account' payment method, the purchase price claim is assigned to Novalnet AG, Gutenbergstraße 7, 85748 Garching bei München (hereinafter referred to as 'Novalnet'). The data required for payment processing is transmitted to Novalnet. The purpose of the data transfer is, among other things, to enable Novalnet to carry out an identity and credit check in order to process your purchase using your preferred payment method. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR from the legitimate interest in offering various payment methods and the legitimate interest in protection against payment default. You have the right to object to the processing of your personal data based on Art. 6 para. 1 lit. f GDPR at any time for reasons arising from your particular situation by notifying us. Novalnet's privacy policy can be found here: https://www.novalnet.de/datenschutz. If you would like to receive information about the use of your personal data, you can contact datenschutz@novalnet.de at any time. The provision of data is necessary for the conclusion of the contract with your desired payment method. Failure to provide this data will result in the contract not being concluded with your desired payment method. In the event of default in payment, the outstanding claim will be assigned to FMS Management Solutions GmbH, Haifa-Allee 28, 55128 Mainz, Germany. Here too, the provisions of Art. 6 para. 1 lit. f General Data Protection Regulation apply.

§ 5 Right of withdrawal

5.1 Consumers have a statutory right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and is acting in the exercise of their commercial or independent professional activity when concluding the contract, the right of withdrawal does not apply.

§ 6 Cancellation and follow-up costs

6.1 Cancellation by the contractual partner as an entrepreneur is subject to additional costs. Cancellation of an order must be made in writing (e.g. letter, fax, email). In the event of cancellation of an order, the buyer will be invoiced for the costs incurred up to the time of cancellation.

6.2 In the event of cancellation of a purchase of commercial goods as an entrepreneur, the proportionate loss of profit and the costs of returning the goods to the supplier/manufacturer shall be borne by the buyer; if the goods are so special that they cannot be returned to the manufacturer, 100% of the invoice amount shall be borne by the buyer. The contractual partner shall receive an invoice from auto iD 24/7 for the cancellation costs, which shall be paid immediately upon receipt.

§ 7 Delivery and performance

7.1 If the contractual partner chooses to exercise its right of withdrawal due to a delay on the part of auto iD 24/7, it shall not be entitled to any additional compensation. In all other respects, the statutory provisions shall apply.

7.2 auto iD 24/7 is entitled to make partial deliveries insofar as this is reasonable for the other party.

Section 8 Transfer of risk

8.1 The risk of accidental loss and accidental deterioration of the goods shall pass to the contractual partner upon handover or, in the case of sale by delivery, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Handover shall be deemed to have taken place if the contractual partner is in default of acceptance.

8.2 The costs and risk for parts sent in, whether for processing or as samples, shall be borne by the Contractual Partner. Insurance of these items is the responsibility of the Contractual Partner and must be obtained by the Contractual Partner at its own expense.

Section 9 Retention of title

9.1 auto iD 24/7 retains title to the goods in the case of companies until all claims arising from the current business relationship with the contractual partner have been settled in full.

9.2 In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full.

9.3 The contractual partner is obliged to notify auto iD 24/7 immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The contractual partner must notify auto iD 24/7 immediately of any change in ownership of the goods or of its own change of registered office.

9.4 auto iD 24/7 is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the contractual partner, in particular in the event of default in payment or breach of an obligation under clauses 2 and 3 of this provision.

9.5 The contractual partner in the sense of an entrepreneur is entitled to resell the goods in the ordinary course of business as long as it is not in default of payment. Pledging and transfer by way of security are not permitted. The contractual partner hereby assigns to auto iD 24/7 all claims in the amount of the invoice amount accruing to it from the resale to a third party. auto iD 24/7 accepts the assignment. After the assignment, the contractual partner is authorised to collect the claim. auto iD 24/7 reserves the right to collect the claim itself as soon as the contractual partner fails to meet its payment obligations properly and is in default of payment.

9.6 The processing and treatment of the goods by the contractual partner shall always be carried out in the name and on behalf of auto iD 24/7 as the supplier or manufacturer. If processing is carried out with items not owned by auto iD 24/7, auto iD 24/7 shall acquire co-ownership of the new item in proportion to the value of the goods delivered by auto iD 24/7 to the other processed items. The same shall apply in the event of mixing. The contractual partner shall hold the (co-)ownership of auto iD 24/7 in trust free of charge.

§ 10 Offsetting; right of retention for purchases on account

10.1 You shall only be entitled to offset claims if your counterclaims have been legally established or are undisputed and recognised by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

10.2 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur acting in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security interests are transferable to third parties.

10.3 If the customer is in default of any payment obligations to us, all existing claims shall become due immediately.

10.4 Special provisions for Switzerland:

(1) In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur acting in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security interests are transferable to third parties.

(2) You are only entitled to offset claims if your counterclaims have been legally established or are undisputed or recognised by us. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(3) If the customer is in default of any payment obligations to us, all existing claims shall become due immediately.

§ 11 Warranty for goods

11.1 Unless otherwise specified below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods. For used goods, it is one year, provided that we have pointed this out separately before conclusion of the contract and you have expressly agreed to the reduction, otherwise two years. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the period specified in Section 478 of the German Civil Code (BGB) remains unaffected. The warranty period for new goods vis-à-vis the contractual partner is one year from delivery of the goods. This does not apply if the contractual partner has not notified auto iD 24/7 of the defect in good time. For used goods, the warranty for companies is excluded. For used goods, the legal provisions apply to end consumers. For warranties and support voluntarily granted by auto iD 24/7, the relevant service catalogues available on the Internet at www.auto-ID24/7.com, in the brochures and offers of auto iD 24/7 apply, if they have been agreed. The right to warranty, guarantee and support expires if original consumables from auto iD 24/7 are not used exclusively. The warranty and guarantee also expire in the event of damage caused after the transfer of risk.

11.2 In the event of defects in the goods, auto iD 24/7 shall initially provide warranty at its discretion by repair or replacement.

11.3 If the subsequent performance fails, the contractual partner may, at its discretion, demand a reduction in payment (abatement) or rescission of the contract (withdrawal). The subsequent performance shall not be deemed to have failed until the contractual partner has set auto iD 24/7 a reasonable deadline for subsequent performance. In the event of only a minor breach of contract, in particular in the event of only minor defects, the contractual partner shall not be entitled to withdraw from the contract.

11.4 If the contractual partner is an entrepreneur, it must notify us of obvious defects in writing in accordance with Section 377 of the German Commercial Code (HGB) immediately, but no later than within seven calendar days of delivery; timely dispatch shall suffice to meet the deadline. Consumers are subject to the statutory provisions without any additional obligation to give notice of defects. The contractual partner as an entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects. The contractual partner as a consumer bears the burden of proof only after the statutory provision on the reversal of the burden of proof has come into effect 6 months after the time of delivery. When notifying a defect, the defect and its manifestation must be described in such detail that it is possible to check the defect and, if necessary, rule out an operating error. auto-iD reserves the right to have reported defects checked by technically qualified employees at the customer's premises.

11.5 If the contract partner chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, they shall not be entitled to any additional claims for damages due to the defect. If, after failed subsequent performance, the contractual partner chooses compensation for damages due to a defect for which auto iD 24/7 is responsible and the goods remain with the contractual partner, the compensation for damages shall be limited to the difference between the purchase price and the value of the defective goods, unless auto iD 24/7 can be accused of malicious intent.

11.6 Only the product description provided by auto iD 24/7 shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer or third parties do not constitute a contractual specification of the quality of the goods. In particular, the contractual partner shall not be entitled to a reduction in price in the event of minor deviations in the goods.

11.7 In the event of subsequent performance, the contractual partner must return the goods to auto iD 24/7 in their original packaging; transport costs shall be borne by the contractual partner. The risk of deterioration and loss of the goods during return transport as a result of improper packaging shall be borne in full by the contractual partner. Return transport to the contractual partner shall be at the expense of the supplier during the warranty period and at the expense of the contractual partner after the warranty period.

11.8 If the contractual partner receives defective assembly instructions, auto iD 24/7 shall only be obliged to deliver faultless assembly instructions, and only if the defect in the assembly instructions prevents proper assembly.

11.9 If the contractual partner has made a claim against auto iD 24/7 under warranty and it transpires that either there is no defect or the defect claimed does not entitle auto iD 24/7 to provide warranty, the contractual partner shall, insofar as it is responsible for the claim against auto iD 24/7 through gross negligence or intent,

The warranty shall not apply to defects resulting from incorrect installation, failure to observe instructions for use, improper intervention or modification of the product by the contractual partner or a third party not authorised by auto iD 24/7.

The warranty shall also be void if original technical markings, seals, serial numbers or similar markings are changed or removed. Defects resulting from operational wear and tear, operating errors and improper use, external influences (operation with the wrong type or voltage of electricity, connection to unsuitable power sources, fire, lightning strike, explosion or mains-related overvoltage, moisture of any kind) as well as incorrect or faulty software and/or processing data.

11.11 The assignment of warranty claims by the contractual partner is excluded.

11.12 Claims for damages by the contractual partner due to a defect shall become statute-barred one year after delivery of the goods. This shall not apply to claims for injury to life, limb or health, in cases of intent or gross negligence, or under the Product Liability Act.

11.13 Guarantees in the legal sense are not granted. Manufacturer guarantees remain unaffected by this.

§ 12 Warranty for performance

12.1 For defects in performance, auto iD 24/7 shall initially provide warranty at your discretion by repair or replacement.

12.2 If auto iD 24/7 seriously and definitively refuses to fulfil its obligations, refuses to remedy the defect and provide subsequent performance due to disproportionate costs, the subsequent performance fails or is unreasonable for the contractual partner, the contractual partner may, at its discretion, only demand a reduction in payment (abatement) or rescission of the contract (withdrawal) and compensation within the scope of the limitation of liability instead of performance. Subsequent performance shall generally only be deemed to have failed after the second unsuccessful attempt at subsequent performance. In the event of a minor breach of contract, in particular minor defects, the contractual partner shall not be entitled to withdraw from the contract.

12.3 If auto iD 24/7 is not responsible for the breach of duty resulting from a defect, the contractual partner shall not be entitled to withdraw from the contract.

12.4 The contractual partner's rights due to defects shall expire two years after acceptance of the service if the contractual partner is a consumer; otherwise, paragraph 3 shall apply.

12.5 In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.

12.6 The contractual partner does not receive any guarantees in the legal sense from auto iD 24/7.

§ 13 Limitations of liability

13.1 auto iD 24/7 shall not be liable for slightly negligent breaches of insignificant contractual obligations. In the event of other slightly negligent breaches of duty, the liability of auto iD 24/7 shall be limited to the average damage that is foreseeable, typical for the contract, direct and proportionate to the type and value of the goods or services. The same shall apply to slightly negligent breaches of duty by legal representatives or vicarious agents of auto iD 24/7.

13.2 The aforementioned limitations of liability do not affect any claims arising from product liability. Furthermore, these limitations do not apply in the event of physical injury or damage to health attributable to auto iD 24/7 or in the event of the death of the contractual partner.

§ 14 Final provisions

14.1 The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. auto iD 24/7 reserves the right to choose the law applicable at the registered office of the contractual partner.

14.2 The contract language is German. Translations are for information purposes only. The German General Terms and Conditions apply to foreign contractual partners.

14.3 The exclusive place of jurisdiction for all disputes arising from this contract is Passau and the place of performance is Passau. auto iD 24/7 reserves the right to choose the registered office of the contractual partner as the place of jurisdiction.

14.4 Should individual provisions of this contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision, without prejudice to the provisions of Section 306 (2) of the German Civil Code (BGB).