General Terms and Conditions (GTC)

Last updated: 10/2024

1. Scope

The following general terms and conditions apply to the business relationship between OTB Ersatzteilwelt and the customer in the version valid at the time of the order. OTB Ersatzteilwelt does not recognize any deviating conditions of the customer unless OTB Ersatzteilwelt has expressly agreed to their validity in writing.

2. Contractual partner, customer service

The purchase contract is concluded with OTB Ersatzteilwelt. Further information about us can be found in our legal notice. If you have any questions, complaints or objections, you can contact our customer service from Monday to Thursday from 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 5:00 p.m. and Friday from 9:00 a.m. to 12:00 p.m. on +43 720 31 03 03.

3. Conclusion of contract and withdrawal

By placing the products in the OTB Spare Parts World online shop, we make a binding offer to conclude a contract for these items. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. You will receive a confirmation by email immediately after submitting the order.

In the event of typographical, printing or calculation errors on the website, OTB Ersatzteilwelt is entitled to withdraw. All offers are valid while stocks last. If the supplier of OTB Ersatzteilwelt does not deliver the ordered goods despite contractual obligations, OTB Ersatzteilwelt is also entitled to withdraw. In this case, the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded immediately.

4th delivery

Unless otherwise agreed, delivery will be made ex warehouse to the delivery address specified by the customer. The risk is transferred to the customer as soon as the delivery is handed over to the customer by the delivering parcel or postal service.

5. Shipping costs

The shipping costs are based on the total weight of the order and are calculated accordingly. The shipping costs can be found at the following link: Shipping costs .

6. Payment

For information on payment, please click on the following link: Payment .

7. Delay

If the customer defaults on payment, OTB Ersatzteilwelt is entitled to demand default interest of 4% above the base interest rate per annum announced by the Austrian National Bank (ÖNB). If OTB Ersatzteilwelt can prove that it has incurred greater damages due to the delay, OTB Ersatzteilwelt is entitled to claim these.

The customer must pay all amounts without deductions no later than 14 days after receiving the payment request; the decisive factor is the receipt of the amount in one of our business accounts. After the deadline has expired without success, the order will be removed from the program without further notice. (Does not apply to Klarna purchase on account)

8. Set-off, retention

You only have the right to offset if your counterclaims have been legally established or have been acknowledged in writing by OTB Ersatzteilwelt. In addition, you are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

9. Retention of title

The delivered goods remain the property of OTB Ersatzteilwelt until all claims against the customer have been settled in full.

10. Warranty and Liability

If there is a defect in the purchased item for which OTB Ersatzteilwelt is responsible, OTB Ersatzteilwelt is entitled, at its own discretion, to remedy the defect or to deliver a replacement. If OTB Ersatzteilwelt is not willing or able to remedy the defect/deliver a replacement, or if this is delayed beyond reasonable periods for reasons for which OTB Ersatzteilwelt is responsible, or if the remedy of the defect/delivery of a replacement fails in any other way, the purchaser is entitled, at its discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

Unless otherwise stated below, any further claims by the customer are excluded. OTB Ersatzteilwelt is therefore not liable for damage that did not occur on the delivery item itself; in particular, OTB Ersatzteilwelt is not liable for lost profits or other financial losses suffered by the customer.

11. Transport damage

If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us will have no consequences for your legal claims and their enforcement.

The complaint about the goods must be made no later than 2 days after delivery; otherwise, the transport damage can no longer be claimed.

12. Applicable law and place of jurisdiction

Austrian law applies. The exclusive place of jurisdiction for all claims in connection with the business relationship is 8900 Leoben . OTB Ersatzteilwelt is also entitled to sue at the customer's general place of jurisdiction.

13. Contract text storage

We save the contract text and send you the order details and our general terms and conditions by email. You can also view and download the general terms and conditions here on this page at any time.

You can view your past orders in our customer login.

14. Contract language

The language available for concluding the contract is German.

15. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ . We are ready to participate in an out-of-court arbitration procedure!

16. Miscellaneous

The spare parts specified are not original parts; original spare part numbers are for comparison purposes only.
All prices are in € including VAT plus shipping costs.
Reprint – even in part – only with written permission.
Prices for all articles are subject to change; errors excepted.
Goods only available while stocks last.

17. PRICES AND PAYMENT CONDITIONS

January 17th

The prices stated on the website include statutory sales tax. Shipping costs are not included in the stated price but are shown separately.

February 17th

The following applies to businesses: Shipping costs are based on individual agreement. If shipping costs are incurred for an order, these will be shown separately.

March 17th

The Seller reserves the right to change the prices of the products sold on the Site at any time. The Seller will invoice the Buyer for the product based on the price in force at the time the order is placed.

April 17th

For customers who are entrepreneurs, the prices on www.ersatzteilwelt.at are shown exclusive of sales tax and payment by invoice is possible. If payment by invoice is possible, payment must be made within 14 days of receipt of the invoice. For all other payment methods, payment must be made in advance without deduction.

May 17th

If the customer defaults on payment, OTB Ersatzteilwelt is entitled to charge default interest of 4% pa from the respective due date. If the customer is an entrepreneur, default interest of 9.2% pa above the base interest rate last announced by the European Central Bank will be charged from the respective due date.

June 17th

Furthermore, in the event of late payment, the customer undertakes to reimburse OTB Ersatzteilwelt for the reminder and collection costs incurred, insofar as they are necessary for the appropriate legal action and are in reasonable proportion to the claim pursued. The assertion of further rights and claims remains unaffected.

July 17th

Payment can be made using one of the methods listed in the OTB Ersatzteilwelt online shop.

PayPal:
For payments via PayPal, the customer is redirected to the PayPal website and PayPal's general terms of use apply. OTB Ersatzteilwelt cannot under any circumstances change the general terms and conditions of PayPal, a provider over which OTB Ersatzteilwelt has no control.

Klarna:
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, OTB Ersatzteilwelt offers the following payment options. Payment is always made to Klarna:

• Invoice: The payment period is 14 days in Germany and Austria and 30 days in Switzerland from dispatch of the goods. The conditions for purchase on account for deliveries to Germany can be found here: Purchase on account Germany and for deliveries to Austria under Purchase on account Austria .
• Installment purchase: With Klarna's financing service, the customer can pay for their purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available, can be found here:Installment purchase information . The use of the invoice and installment purchase payment methods requires a positive credit check. In this respect, OTB Ersatzteilwelt forwards customer data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Further information and Klarna's terms of use can be found here: Klarna's terms of use . Your personal information will be treated by Klarna in accordance with the applicable data protection regulations.

Google Pay:
Customers can pay with Google Pay during the ordering process. To do so, the customer must confirm the payment using the "Google Pay" mobile app on a supported device by following verification steps. Google Pay uses the payment details stored by the customer in the app for the transaction. Further information is available here: Google Pay information .

Apple Pay:
Customers can pay with Apple Pay during the ordering process. To do so, the customer must confirm the payment via the "Apple Pay" service on a supported Apple device by following verification steps. Apple Pay uses the payment data stored by the customer in the Apple Wallet app for the transaction. Further information is available here: Apple Pay information .

Amazon Pay:
If you select the payment method "Amazon Payments", payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe Terms of Use, which can be viewed at Amazon Payments Terms of Use . If the customer selects "Amazon Payments" as the payment method during the online ordering process, he or she also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, OTB Ersatzteilwelt hereby declares that it accepts the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

Gift voucher:
The gift voucher is only valid in our online shop (OTB Spare Parts World) for 5 years from the date of purchase. Gift vouchers cannot be used for purchases in our physical stores. Gift vouchers have no value after their expiry date and can no longer be used for purchases from that point on. The validity period of all gift vouchers can be viewed in the email containing the link to the gift voucher and on the gift voucher itself.

More than one gift card can be redeemed per purchase; gift cards can be used one or more times as long as funds are available. A gift card can be supplemented with another payment method during a purchase; gift cards cannot be used to purchase other gift cards.

Gift cards can be used for the first payment of the subscription, but not for recurring orders; they cannot be returned or redeemed for cash.

If purchased goods are returned, the customer will receive a refund of the purchase price on the gift voucher used for the purchase; the balance can be checked at any time by clicking on the link in the email containing the gift voucher.

18. Right of withdrawal/Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason.
Returns are possible within 14 days without deductions.
After this period has expired, returns are only possible after prior consultation with us and our consent.

The cancellation period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier designated by you acquires, physical possession of the last good.
To exercise your right of withdrawal, you must inform us (OTB Ersatzteilwelt,
Pichlhofen 83,
8756 St.Georgen,
Austria,
mail@otb-parts.com)
by means of a clear statement by e-mail of your decision.
You may use the attached model cancellation form for this purpose; however, this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation:

If you cancel this contract, we will refund all payments (with the exception of additional costs for a type of delivery other than the standard delivery offered by us), promptly and at the latest within fourteen days from the day on which
on which we received notification of your revocation.
The return costs are to be borne by the customer.
We will use the same means of payment for the refund,
that you used in the transaction,
unless,
something else was expressly agreed upon.
We may refuse repayment
until we have received the goods back or until you have provided evidence
that you have returned the goods.
You must return or hand over the goods to us immediately and at the latest within fourteen days from the date of cancellation.

The consumer has no right of withdrawal for contracts concerning:

• goods with price fluctuations on the financial market
• customized or personalized goods
• perishable or expired goods
• sealed goods after the seal has been removed for reasons of health protection or hygiene
• goods inseparably mixed with other goods

A common solution is always sought and discussed with each customer.