Terms & Conditions
Scope and Contractual Basis
ATM Autoverwertung Auto-Teile GmbH sells and supplies exclusively used automotive parts. Sales are conducted both in-store and online. These terms and conditions of sale and delivery shall apply exclusively. Deviating terms and conditions of the buyer shall not apply. The legal basis is §§ 305 et seq. German Civil Code (BGB).
Condition of the Goods
All goods are used. Age-related wear, signs of use, and visual deviations do not constitute a defect. Information regarding condition, mileage, or compatibility is for guidance only. No guarantee within the meaning of § 443 BGB is assumed.
Warranty for Consumers
If the buyer is a consumer within the meaning of § 13 BGB, the warranty period shall be one year from the transfer of risk pursuant to § 475 (2) BGB.
Notice of Defects and Cooperation
Defects must be reported immediately after discovery in text form pursuant to § 126b BGB. The defect must be described in detail.
Inspection and Subsequent Performance
After notification of defects, the buyer shall grant a period of at least four weeks for inspection and response. Inspection shall take place exclusively at the registered office of ATM Autoverwertung Auto-Teile GmbH. Shipping costs shall be borne by the buyer. In the event of a justified complaint, subsequent performance shall be limited to replacement delivery or repair at the seller’s discretion pursuant to § 439 BGB.
Installation and Processing
Installation may only be carried out by qualified and authorized workshops. If installation is performed by unauthorized persons, the presumption under § 477 BGB shall not apply. Installation instructions and technical notes are not part of the contract. Installation and removal costs, towing costs, workshop costs, diagnostic costs, and any other ancillary or consequential costs shall not be covered. There is no entitlement to reimbursement of such costs.
Liability and Damages
ATM Autoverwertung Auto-Teile GmbH shall be liable only in cases of intent or gross negligence pursuant to § 276 BGB. Liability for slight negligence is excluded. Claims for damages, in particular for consequential damages, loss of use, loss of profit, or other financial losses, are excluded. Liability for damages resulting from injury to life, body, or health remains unaffected.
B2B Transactions
If the buyer is an entrepreneur within the meaning of § 14 BGB, the sale shall be made with a complete exclusion of any warranty. Liability for material defects, withdrawal, reduction, and subsequent performance are excluded. The legal basis is §§ 377 HGB and 444 BGB. Claims for damages are excluded, except in cases of intent or gross negligence and in the event of injury to life, body, or health.
Withdrawal, Non-Acceptance, and Cancellation
In the event of withdrawal, non-acceptance, or cancellation of already purchased spare parts, ATM Autoverwertung Auto-Teile GmbH shall charge a restocking fee amounting to 25 percent of the net purchase price. The legal basis is §§ 280 and 304 BGB. Further claims remain reserved.
Collection of Paid Goods
Fully paid goods must be collected within four weeks from the date of purchase. If collection does not take place within this period, ownership of the goods shall revert to ATM Autoverwertung Auto-Teile GmbH. There shall be no claim for delivery, refund, or compensation. The legal basis is §§ 275, 293, and 326 BGB.
Sealed Goods
If seals, inspection marks, or labels attached to delivered spare parts are removed or damaged, any claim for return, exchange, or warranty shall be void. Tampered goods are excluded from return.
Self-Removal and Self-Extraction
Spare parts removed by the buyer themselves or taken from the premises of ATM Autoverwertung Auto-Teile GmbH as part of self-removal are excluded from exchange and return. By commencing removal, the buyer acknowledges the condition of the goods as contractually compliant. Any warranty for hidden or apparent defects is excluded to the extent permitted by law. Claims for damages are excluded. The legal basis is §§ 434, 442, and 444 BGB.
Storage and Disposal of License Plates
License plates from vehicle purchases shall be stored by ATM Autoverwertung Auto-Teile GmbH only until the Friday following the purchase. After this period, the license plates will be disposed of. Any liability for loss or disposal is excluded. Claims for damages shall not exist. The legal basis is §§ 280 and 823 BGB.
Retention of Title and Lien
The goods shall remain the property of ATM Autoverwertung Auto-Teile GmbH until full payment of all claims has been received in accordance with § 449 BGB. In addition, a lien pursuant to § 647 BGB shall apply to all items of the customer that come into the possession of ATM Autoverwertung Auto-Teile GmbH in connection with the services provided.
Place of Jurisdiction and Applicable Law
If the contracting party is a merchant, a legal entity under public law, or a special fund under public law, Brühl shall be the exclusive place of jurisdiction pursuant to § 38 ZPO. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Severability Clause
Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected. § 306 BGB shall apply.