General Terms and Conditions

  1. General, Customers
    1. These General Terms and Conditions (hereinafter "GTC") apply exclusively to contracts for the sale of new and used vehicle parts by AEC Europe GmbH, Landsberger Str. 98, 80339 Munich, Germany (hereinafter "Seller") to entrepreneurs (hereinafter "Purchaser") within the European Union (EU) including Iceland, Liechtenstein, Norway and Switzerland (EFTA).
    2. According to sec. 14 BGB (German Civil Code), an entrepreneur in this sense is any natural or legal person or a partnership with legal capacity who, when concluding a contract, acts in the exercise of their commercial or independent professional activity.
    3. Deviating conditions of the Purchaser are not accepted, even if the inclusion is not expressly contradicted.
  2. Products
    1. The vehicle parts sold are only suitable for vehicles produced in the USA.
    2. No responsibility is taken for the correctness of the information provided on the website.
    3. Seller reserves the right to update the product codes of ordered goods to the latest iteration of the respective product code on the invoice and ship the most up to date version of the item, as long as Seller can guarantee that the updated version of the item has exactly the same product specifications in form, functionality and design as the ordered version of the item. Interchangable product codes as a consequence of manufacturers' product supersessions are common practice in the sale of automotive parts.
  3. Order
    1. The presentation and advertising of articles in AEC online shop does not constitute a binding offer to conclude a sales contract.
    2. By submitting an order via the AEC online shop by clicking the button "send order" the Purchaser submits a legally binding order (offer).
    3. The Seller confirms receipt of the Purchaser's order by e-mail. Such an e-mail does not constitute a binding acceptance of the order.
    4. A contract is only concluded when the Seller accepts the order by a further e-mail containing a declaration of acceptance or by delivering the ordered items. In case the Seller does not accept the Purchaser's offer, the Seller will notify the Purchaser by e-mail. If the Seller does not send an e-mail of acceptance or rejection of the Purchaser's offer within 5 days, the Purchaser's offer is considered rejected and no contract is concluded.
  4. Prices and Payment
    1. The prices shown in the AEC Online Shop are in Euro. If prices are additionally stated in other currencies or a conversion is made available, the information on other currencies is supplied without liability; the stated Euro price is always decisive. Prices are ex works, exclusive of the respective statutory VAT and exclusive of costs for packaging and shipping. The costs of packaging and shipping are borne by the Purchaser. These costs are listed separately at the end of the ordering process.
    2. Depending on the order and delivery period (e.g. express delivery), additional fees and freight charges may be incurred.
    3. The Seller delivers only against prepayment in the manner specified in the online shop (e.g. Adyen, instant bank transfer, credit card, Paypal). From the due date default interest in the amount of 9 % p. a. shall accrue. All rights to claim further damages for delay are reserved.
    4. The Purchaser shall be entitled to offset only insofar as the purchaser’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgement. The Purchaser is entitled to claim rights of retention only to the extent such rights are based on the same transaction.
  5. Delivery and delay in delivery
    1. If the parties agree upon binding or non-binding delivery dates or delivery periods, this agreement must be stated in text form. Delivery periods begin with the conclusion of the contract.
    2. Delivery will be made to the address given by the Purchaser in the order. The risk of loss or damage to the goods passes to the Purchaser as soon as the Seller has handed the goods over to the forwarder, carrier or other person or body specified to carry out the shipment (delivery ex works).
    3. Ten days after exceeding a non-binding delivery date or a non-binding delivery period, the Purchaser may request the Seller to deliver. With the receipt of the request the Seller is in default. If the Purchaser is entitled to compensation for damage caused by delay, this is limited to a maximum of 5% of the agreed purchase price in case of slight negligence on the part of the Seller.
    4. If, in addition, the Purchaser wishes to withdraw from the contract and/or demand compensation for damages instead of performance, he must set the Seller a reasonable deadline for delivery after the expiry of the ten-day period pursuant to section 5.3. If the Purchaser is entitled to claim damages instead of performance, claims for damages in cases of slight negligence are excluded. If, while the Seller is in default, delivery becomes impossible by accident, the Seller shall be liable with the aforementioned agreed limitation of liability. The Seller shall not be liable if the damage would have occurred even if delivery had been made on time.
    5. The limitations of liability and exclusions of liability of this section do not apply to damages which are based on a grossly negligent or intentional breach of obligations of the Seller, his legal representative or his vicarious agent, in the case of injury to life, body or health as well as the breach of essential contractual obligations, such as those which the purchase contract wants to impose on the Seller according to its content and purpose or whose fulfilment makes the proper implementation of the purchase contract possible in the first place and on whose compliance the Purchaser regularly relies and may rely. In the event of a breach of material contractual obligations, the Seller's liability for simple negligence shall be limited to the damage typically foreseeable at the time the contract was concluded.
    6. Force majeure or operational disruptions occurring at the Seller or its suppliers, which temporarily prevent the Seller from delivering the object of purchase on the agreed date or within the agreed period through no fault of its own, change the dates and periods specified in sections 5.1 to 5.4 by the duration of the disruptions in performance caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the Purchaser may withdraw from the contract. Other rights of withdrawal remain unaffected.
    7. In case of default in acceptance or other breach of duties to cooperate by the Purchaser the Seller is entitled to claim any resulting damage including but not limited to additional expenses, if any. Further damages are reserved. In this case, the risk of loss or damage to the goods passes to the Purchaser at the time of such default or breach of duty to cooperate.
  6. Retention of title
    1. The object of purchase shall remain the property of the Seller until the claims to which the Seller is entitled on the basis of the purchase contract have been settled. The retention of title also applies to claims of the Seller against the Purchaser from the current business relationship. At the request of the Purchaser, the Seller shall be obliged to waive the retention of title if the Purchaser has incontestably fulfilled all claims in connection with the object of purchase and there is adequate security for the remaining claims from the current business relationship.
    2. The Purchaser is entitled to process and sell the object of purchase in the ordinary course of business as long as he is not in default. Pledging or transfer by way of security is not permitted. The purchaser hereby assigns to the Seller by way of security the claims arising from the resale or any other legal reason in respect of the object of purchase in the amount of any outstanding payments pursuant to section 4.3. The Seller revocably authorises him to collect the claims assigned to the Seller for the Seller's account in his own name. This collection authorization can only be revoked if the Purchaser does not properly meet his payment obligations.
  7. Liability for material defects
    1. Claims of the Purchaser due to material defects shall become statute-barred for new vehicle parts in one year from the time of delivery of the object of purchase; liability for material defects shall be excluded for used vehicle parts.
    2. The shortening of the limitation period and the exclusion of liability for material defects in section 7.1 shall not apply to damages resulting from a grossly negligent or intentional breach of obligations of the Seller, his legal representative or his vicarious agent as well as in the case of injury to life, body or health.
    3. If the Seller has to pay for damage caused by slight negligence according to the legal regulations, the Seller's liability is limited:
      1. Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract is about to impose on the Seller interms of its content and purpose or the fulfilment of which is essential for the proper execution of the purchase contract and on the observance of which the Purchaser relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract.
      2. Excluded is the personal liability of the legal representatives, vicarious agents and employees of the Seller for damages caused by slight negligence. 
      3. For the aforementioned limitation of liability and the aforementioned exclusion of liability, section 7.2 applies accordingly.
    4. Irrespective of any fault on the part of the Seller, any liability of the Seller for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
    5. If a correction of defects is to be carried out, the following applies:
      1. The Purchaser must assert claims for material defects with the Seller.
      2. Replaced parts become the property of the Seller.
  8. Liability for other damages
    1. Other claims of the Purchaser, which are not regulated in section 7 "Liability for material defects", are subject to the regular limitation period.
    2. The liability for delay in delivery is conclusively regulated in section 5 "Delivery and delay in delivery". For other claims for damages against the Seller, the provisions in sections 7.3 and 7.4 shall apply accordingly.
  9. Copyright 
    1. The Seller has copyright on all pictures, films and texts published in the AEC online shop. Any use of the pictures, films and texts is not permitted without the express prior consent of the Seller.
  10. Miscellaneous
    1. Amendments and supplements to these General Terms and Conditions must be made in text form. This also applies to the waiver of the text form agreement itself. The precedence of the individual agreement (sec. 305b of German Civil Code) in written, textual or oral form remains unaffected.
    2. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part or contain a loophole, the validity of the remaining provisions shall not be affected thereby. The invalid, unenforceable or incomplete provision shall be replaced primarily by the statutory provisions. If such do not exist, the appropriate provision shall apply by way of supplementary interpretation of the contract, which comes closest in economic terms to what would normally have been agreed upon if the ineffectiveness, impracticability or incompleteness had been known.
    3. All sales contracts concluded between the Seller and the Purchaser as well as these GTC shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
    4. f the Purchaser is a merchant within the meaning of German Commercial Code or is a legal entity or special fund organized under public law, the courts in Munich shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the sales contract. The same place of jurisdiction shall apply if the Purchaser does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode out of Germany after conclusion of the contract or if his place of residence or usual place of abode is not known at the time the action is brought. In all other cases, the Seller or the Purchaser may file suit before any court of competent jurisdiction under applicable law.