Terms of service

1. Scope of application

These terms and conditions apply to all orders placed through our online shop. Our online shop is exclusively aimed at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade or 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.

2. Contract partner, contract conclusion, correction options

The purchase contract is concluded with Procar Automobile Wuppertal GmbH & Co. KG.

The presentation of products in the online shop is not a legally binding offer, but an informal online catalog. You can initially place our products in the shopping cart without obligation and correct your entries before submitting your binding order by using the correction options provided and explained in the order process. By clicking the order button, you make a binding offer for the products contained in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after you have submitted the order.

We accept your offer within two days by

• sending an acceptance declaration in a separate email, or
• where applicable, the payment transaction being processed by our service provider or the selected payment service provider. The timing of the payment transaction depends on the payment method selected (see under "Payment").

The relevant alternative for you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible online.

4. Subject of the contract

4.1 Product description

The applicability of the respective product description as an essential part of the contract is highlighted.

4.2 Product images

Regardless of your statutory warranty rights, we would like to point out the following specifics. If in doubt, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

For wood products, natural variations in grain, texture, and color of the wood are possible.

5. Installation

Provision of installation services requires an explicit agreement.

5.1 Selection of the service provider

We will provide the service either personally or by qualified personnel selected by us, at our discretion. We explicitly reserve the right to provide the service through third parties (subcontractors) acting on our behalf.

You have a right to select a specific person for the service only if and to the extent this is explicitly stated in the applicable service description.

If and to the extent third parties are involved in the service provision, we remain fully responsible for the fulfillment of contractual obligations.

Before engaging third parties, we will verify their reliability, suitability concerning professional training, experience, and/or ability to perform the contractual services, and we will obligate them accordingly.

5.2 Access to the installation site

The product will be delivered to the installation site. You are obligated to grant access to the installation personnel to the installation site.

6. Delivery conditions

Delivery options

We will ship the products to the delivery address provided during the order process.

You have the option to pick up the products at Procar Automobile Wuppertal GmbH & Co. KG, Friedrich-Ebert-Straße 105, 42117 Wuppertal, Germany during the following business hours: 9 AM to 4 PM, Monday to Friday.

We do not deliver to parcel stations.

7. Payment

7.1 Due date and payment delay

The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.

In the event of a payment delay, we reserve the right to charge a fee of €1.50 for the second and each subsequent reminder. You may prove that a lesser damage has occurred. Further claims remain unaffected by this.

7.2 Payment methods

In our shop, you can generally choose from the following payment methods.

Prepayment
If you choose the prepayment option, we will provide you with our bank details in a separate email and deliver the goods after payment has been received.

Cash payment upon pick-up
You pay the invoice amount in cash when picking up the goods.

Credit card
During the order process, you will provide your credit card details. Your card will be charged immediately after placing the order.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate with your credentials, and confirm the payment instruction. The payment transaction will be processed immediately after the order is placed. Further instructions will be provided during the ordering process.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate with your credentials, and confirm the payment instruction. The payment transaction will be processed immediately after the order is placed. Further instructions will be provided during the ordering process.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate with your credentials, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after the order is placed. Further instructions will be provided during the ordering process.

PayPal may offer additional payment methods to registered and selectively chosen PayPal customers. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. You can find more information about this in your PayPal account.

8. Retention of title

The product remains our property until full payment has been made.

9. Transport damages

If goods are delivered with obvious transport damages, please report such defects to the carrier immediately and contact us without delay. The failure to file a complaint or contact us will not affect your statutory rights and their enforcement, particularly your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

10. Warranty and guarantees

10.1 Warranty rights

The statutory warranty rights apply.

10.2 Guarantees and customer service

Information about any applicable additional guarantees and their specific conditions can be found with the product and on special information pages in the online shop.

11. Liability

For claims due to damages caused by us, our legal representatives, or agents, we are fully liable

• for injury to life, body, or health,
• for willful or grossly negligent breach of duty,
• for guarantee promises, if agreed, or
• if the scope of the Product Liability Act is opened.

In the case of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible and on which the contract partner may regularly rely, (cardinal duties) due to slight negligence by us, our legal representatives, or agents, the liability is limited to the foreseeable damage at the time of contract conclusion, which typically needs to be expected.
Other claims for damages are excluded.

12. Code of conduct

We are subject to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

13. Dispute resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

If individual provisions of these terms and conditions are or become invalid in whole or in part, the contract remains effective in other respects. If individual provisions are invalid, the content of the contract will be governed by the statutory provisions.