§ 1 Scope
These terms and conditions apply to all purchases made by private customers on www.fuelstock.online or by e-mail sales@fuelstock.online.
Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
The following terms and conditions do not apply to entrepreneurs. Business customers are asked to process orders by email.
§ 2 Conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order do not constitute a binding offer on our part.
Only your order constitutes an offer to us to conclude a purchase contract. To order, you can place goods in your shopping cart, log in to our site, register or enter your personal data, then check your entries on the overview page and, by confirming the order in the final step of the ordering process, make a binding offer to buy the goods contained in the shopping cart. You can cancel the order at any time by clicking the “Cancel” or “Back” button or by closing the browser window. The overview page that appears before completing the order enables you to check your details again for input errors and, if there are any input errors, to correct them by pressing the “Back” button.
If you place an order with us, we will send you an e-mail to the e-mail address you provided, with which we confirm receipt of your order and list its details (order confirmation).
This order confirmation represents the acceptance of your offer. A sales contract with us comes about with this order confirmation.
Alternatively, you can also send us an inquiry by email. For this you have to send us your data (name and address) together with the desired goods by e-mail. You will then receive a binding offer by email, which you can then accept. In this case, the contract is concluded when your acceptance of the offer is sent.
§ 3 Prices and shipping costs
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. The shipping costs are shown separately in the order overview. You bear the regular costs of returning the goods if you return the goods by exercising your right of withdrawal. If you exercise your right of withdrawal, we will reimburse you the purchase price including the delivery costs for the outward shipment.
§ 4 Payment
Payment is made by:
- Credit card
- Payment in advance or by way of financing
- PayPal
- Instant bank transfer
- The invoice
- cash by delivery
By providing the credit card number in the order, we are authorized to collect the purchase price amount from the credit card account specified in the order.
§ 5 Default of Payment
If we can prove that we have incurred higher damage caused by delay, we are entitled to assert this.
§ 6 Right of retention
You are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 7 Delivery
- Delivery will be made to the delivery address you specified, but only within the EU.
- If force majeure (natural disasters, war, civil war, terrorist attack, etc.) makes delivery or any other service permanently impossible, our obligation to perform is excluded. Amounts already paid will be refunded by us immediately.
- We can also refuse performance if this requires an effort that is grossly disproportionate to your interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by us immediately.
- Bulky goods (packages with a volume greater than 1 m³) are usually delivered by a forwarding agent. We expressly point out that these goods are not carried into the house.
§ 8 Inexpensive shipping method for returns
- When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the function test.
- Insofar as you have revoked the contract, you bear the costs of the return. In the case of a return due to another right, e.g. B. a defect, you can write to us and will then receive a fully stamped and addressed return label attached to the return of the goods. This is the simplest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
§ 9 Retention of title
The delivered goods remain our property until all claims against you from the purchase contract have been settled in full. As long as this retention of title exists, you may neither resell nor dispose of the goods; in particular, you may not contractually grant any use of the goods to third parties.
§ 10 Warranty rights
- A product that was already defective upon delivery (guarantee case) will be replaced by a product free of defects or professionally repaired (subsequent performance) at our expense, depending on your choice. You are advised that there is no warranty case if the product was of the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
- For damage caused by you through misuse or improper use.
- For damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
- Furthermore, we do not provide any guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.
- If the type of supplementary performance you want (replacement delivery or repair) requires an effort that is grossly disproportionate to your interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for you – your claim is limited to the other type of supplementary performance. Our right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
- Both in the case of repairs and in the case of replacement delivery, you are obliged to send the product to the return address specified by us at our expense, stating the order number. Before submitting, you must remove the items you have inserted from the product. We are under no obligation to inspect the product for the incorporation of such items. We are not liable for the loss of such items, unless it was immediately apparent to us when we took back the product that such an item had been inserted into the product (in this case we will inform you and have the item ready for you to collect; you will bear the costs incurred).
- Your liability for damages in the event of a breach of the obligation to return the goods for which you are responsible is based on the statutory provisions.
- You can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.
- In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by him, which are based on the corresponding guarantee conditions.
- Our statutory warranty ends two years after delivery of the goods. The deadline starts once goods are received. In the case of a defect that became apparent within the regular warranty period, however, the limitation period begins four months after the point in time at which the defect first became apparent. The statute of limitations after the defect has been remedied also occurs at the earliest 2 months after the point in time at which the repaired or replaced goods were handed over.
Section 11 Liability
- In the case of slight negligence, we are only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. We are not liable for other damages caused by slight negligence due to a defect in the purchased item.
- Irrespective of fault on our part, our liability in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee given by the manufacturer and does not constitute an assumption of a guarantee by us.
- We are also responsible for the accidental impossibility of delivery that occurs during our delay, unless the damage would have occurred even if the delivery had been made on time.
- The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Section 12 Applicable Law
The contract concluded between you and us is exclusively subject to the law of the EU/UK, with the express exclusion of the UN sales law. This does not affect the mandatory provisions of the state in which you have your habitual residence.
§ 13 Jurisdiction
If, contrary to the information you provided when ordering, you do not have a place of residence in the EU/UK or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is London.
§ 14 Dispute Resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 15 Final Provisions
- Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
- Contract language is English. The text of the contract is not saved after the conclusion of the contract. You will receive the order details by means of the order confirmation with all the information to the e-mail address you provided. You can view our terms and conditions and cancellation policy at any time on our website and save or print them using the print function of your browser.
- Changes or additions to this contract must be in text form.