General terms and conditions
You can find our original german terms and conditions here: www.fair-motors.de/agb
Only the original german terms and conditions are valid.
This is only a traduction of our terms and conditions from german to english. There is no guarantee for the correct translation of the terms and conditions. Only the original terms and conditions in German are valid.
Here is the translation of the provided German terms and conditions text into English:
Fair Motors is a brand or an offer from Waldner Handelsgesellschaft mbH. The latter is also the provider of the products and the exclusive contractual partner for purchases.
I. Scope of Application The following terms and conditions govern the contractual relationship between you and Waldner Handelsgesellschaft mbH for the sale and delivery of used, overhauled, and fully refurbished motor vehicle spare parts and the provision of related services. Deviating or supplementary general terms and conditions shall not become part of the contract unless Waldner Handelsgesellschaft mbH has expressly agreed to their validity.
II. Conclusion of Contract The offers of Waldner Handelsgesellschaft mbH are always non-binding and subject to confirmation. A contract is only conclusively concluded upon delivery or receipt of the goods. Should we be unable to deliver the ordered goods through no fault of our own because our supplier has not fulfilled its contractual obligations to us, we are entitled to withdraw from the contract with entrepreneurs. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction with the relevant supplier (binding, timely, and sufficient order of the goods) and are not otherwise responsible for the non-delivery. In such a case, we will inform the customer immediately that the ordered goods are not available. Any consideration already provided by the customer will be reimbursed immediately.
Notes for orders in the online shop on Fair-Motors.de:
- All deliveries and services are provided exclusively on the basis of these General Terms and Conditions.
- The contract partner for orders in the online shop at www.fair-motors.com (hereinafter “Shop”) is Waldner Handelsgesellschaft mbH, Managing Director: Jolanta Waldner, Egsdorfer Str. 01, 15749 Mittenwalde; VAT ID: DE160489784; (hereinafter “Seller” or “we”).
- The articles in our shop are merely a non-binding offer to you to conclude a contract with us. When you place an order, we will send you an automatic email confirming the receipt of your order with us and detailing its contents (order confirmation). This order confirmation does not constitute acceptance of your offer but is intended to inform you that your order has been received by us.
- The purchase contract is only concluded when we dispatch the ordered goods to the delivery address specified by the buyer. The buyer receives a shipping confirmation or invoice by email.
- For the purposes of order processing, we store your order and the entered order data.
III. Cancellation Policy for Distance Selling Contracts – Legal Consequences – Right of Cancellation Cancellation right for consumers (A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.)
Right of Cancellation You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of cancellation, you must inform us (Fair-Motors / Waldner Handelsgesell. mbH, Egsdorfer Straße 1, 15749 Mittenwalde, Phone number: 033769-849492; Email address: email@example.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to cancel this contract. You can use the attached model cancellation form, but it is not mandatory. You can also fill out and submit the model cancellation form electronically. If you make use of this option, we will send you a confirmation of such a cancellation immediately (e.g., by email).
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period expires.
Consequences of Cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day we received the notice of your cancellation of this contract. We will use the same means of payment for this refund that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period expires. “Instruction according to 246 a Paragraph 1 ABS 2 Sentence 1 No. 2 EGBGB: The consumer has to bear the direct costs of returning the purchased goods.” You only have to pay for any diminished value of the goods if this loss of value is due to handling that is not necessary for checking the quality, characteristics, and functioning of the goods.
Exclusion of the Right of Cancellation
The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
Address for returning goods up to 31kg (larger shipments will be picked up by us)
Fair Motors – Waldner Handelsgesell. mbH Egsdorfer Str. 1 D 15749 Mittenwalde End of the cancellation policy
Should, in exceptional cases, an agreed return of the goods take place by the customer, he/she shall bear the costs of the outward transport and a restocking fee of 19% of the gross retail price if the delivered goods correspond to the ordered goods.
IV. Prices Subject to individual agreements, the prices of the price list valid at the time of the conclusion of the contract apply. Our prices are final prices. They include the legally required value-added tax. Shipping costs are also incurred, which you have to bear. For deliveries to countries outside the EU (e.g., Switzerland), additional customs duties and fees apply.
VAT-free intra-community deliveries are possible according to statutory requirements.
V. Payments Payments must be made in advance.
VI. Delivery Conditions Unless otherwise specified, shipping takes place approximately 3-5 working days after receipt of payment. Should the delivery comprise several parts, Waldner Handelsgesellschaft mbH is entitled to make partial deliveries – provided they are reasonable for you – without incurring additional shipping costs. If the delivery of the goods fails despite two delivery attempts, Waldner Handelsgesellschaft mbH is entitled to withdraw from the contract. Payments made in this case will be refunded, although we are entitled to deduct our own expenses. If you purchase an engine without attachments, the warranty only applies to the mechanical part. All attachments still on the engine are a free addition. You can use these or take over those from your old engine. There is no warranty for the free addition. Use is at your own risk.
If you want to change your data (e.g., delivery address, billing address, shipping date, etc.) after payment, a fee of 50€ will be charged. A fee of 15€ is charged for a desired shipping date.
VII. Retention of Title Waldner Handelsgesellschaft mbH retains ownership of the delivered goods until full payment of all claims arising from this contractual relationship. You bear the costs for chargebacks in any case. If the customer has significant payment arrears or commits a significant breach of contractual obligations, the assertion of the retention of title by Waldner Handelsgesellschaft mbH does not count as a withdrawal from the contract, unless Waldner Handelsgesellschaft mbH expressly declares the withdrawal from the contract.
VIII. Warranty Waldner Handelsgesellschaft mbH expressly points out that the parts sold are used. The warranty period for used vehicle parts is 12 months from delivery. Overhauled engines and transmissions have a 12-month warranty. An extension of the warranty period is excluded.
The warranty only applies to the sold product; any additional parts must be checked for function by the buyer and are without warranty. This also applies to delivered engines with attachments. The warranty relates only to the engine without attachments.
For used complete engines, the warranty refers only to the engine itself; potential damages or defects in the attachments are not excluded (for example, oil sensor defective without warranty since it was not offered/sold).
We assume no liability for the sold item and sell under the exclusion of the buyer’s warranty rights if they act commercially.
This does not apply to claims for bodily injuries and damages due to gross negligence or intent.
The warranty and guarantee are also excluded and cease for the buyer if the following applies.
For engine inspections, it must always be provided complete with all attachments but without the clutch and transmission and securely packed on a pallet.
You cannot prove the professional installation by a car repair shop, observing the installation instructions and maintenance intervals. In principle, all wear parts and seals including timing chains/belts with tensioners must be renewed before installation. This applies without exception and must also be carried out even if the normal intervals do not mandate a replacement. There is no exception to this rule. For used engines, the engine oil must be renewed within 1000 km.
You do not have the right to rectify material defects without consultation and/or our consent. The items we deliver are all sealed with specific markings and sometimes with lead seals, which are not to be damaged. In particular, opening the purchased item under damage of the attached seals, markings, and lead seals without our prior consent is not permissible and leads to the loss of warranty claims that apply to the goods in the delivery state.
You have not renewed all wear parts and operating fluids. If the timing chain or timing belt is not renewed, any warranty is excluded in case of a tear of the same. We reserve the right to take back goods only if they are in their original condition. Claims of the buyer due to material defects expire according to the statutory provisions, i.e., for used parts in one year from the delivery of the purchased item. A cost-sharing for installation and removal is limited to 500 euros. If the buyer is a legal entity under public law, a public-law special fund, or an entrepreneur acting in the exercise of their commercial or independent professional activity at the conclusion of the contract, the sale of used vehicle parts is made under the exclusion of liability for material defects, as long as Waldner Handelsgesellschaft mbH is charged with simple negligence. Waldner Handelsgesellschaft mbH is liable within the framework of the statutory regulations for damages to the buyer’s life, body, and health. In the case of maliciously concealed defects or the assumption of a guarantee for the condition, further claims remain unaffected. Information, drawings, illustrations, technical data, weight, measurement, and performance descriptions contained in advertisements or price lists are purely informational and do not represent guaranteed properties according to §§ 434 ff. BGB. The company Waldner Handelsgesellschaft mbH does not guarantee the accuracy of this information. Only the information contained in the order confirmation is decisive for the type and scope of delivery. Stated mileage refers to the odometer reading at dismantling or to information from suppliers. The costs for installation or removal of automotive spare parts are not covered by Waldner Handelsgesellschaft mbH.
You (or your workshop) did not check the timing before installation. For your safety, there is a sticker on the engines that also indicates the renewal of the timing chain or belt. This condition does not limit or exclude the statutory warranty claim; it is only intended to serve customer satisfaction.
Scope of delivery for overhauled engines: Newly stored crankshaft (main and connecting rod bearings), valves, valve stem seals, piston rings, oil pump renewed. The cylinder head and block were measured, tested, and ultrasonically cleaned. The block has been honed. Crankshafts and camshafts are polished, measured, tested, and standard size.
Scope of delivery for used engines: Engine without attachments means the cylinder head is completely mounted on the engine block. The valve cover and the oil pan are included and mainly serve as transport protection. The workshop must check whether the delivered parts correspond to the customer’s old parts. If necessary, the valve covers and the oil pan from the old part must be used.
IX. Inspection and Notification Obligations of the Customer/Buyer Customers of Waldner Handelsgesellschaft mbH are obliged to comply with the inspection and notification duties of buyers according to § 377 of the German Commercial Code (HGB).
- If the buyer is a merchant, they must notify the seller of any defects in the goods immediately or without delay after receiving the goods according to § 377 “Inspection and Notification Duties” of the HGB. Even if the delivered goods are defective, merchants lose all warranty rights if they do not notify the seller of the defects immediately.
- Private customers are obliged to report defects in goods within 14 calendar days after receiving the item. Consequently, a delayed complaint excludes the warranty claim.
- If the buyer fails to notify, the goods are considered approved. For consumers, the following applies: Waldner Handelsgesellschaft mbH will rectify significant defects or errors by repair or replacement at its own discretion. If two attempts at repair or replacement delivery fail, you can choose to demand rescission or reduction. If you opt for rescission, with the execution thereof, the user’s right to use the delivered goods expires. A reasonable compensation for use must be paid for the duration of the use. Guaranteed properties must be expressly agreed in writing and marked as such. We are always available for questions, complaints, and grievances.
Complaints must be directed exclusively in writing to our customer service. This can preferably be done via our web form, which you can find at the following address: https://fair-motors.de/reklamation
This ensures the fastest possible processing. Alternatively, you can contact our customer service directly:
Monday – Friday from 9:00 AM to 11:00 AM Department for Complaints Email to: firstname.lastname@example.org Phone: 033769 849492
Legal Representation of Waldner Handelsgesellschaft mbH:
Attorney Gunnar Götz Maxim-Gorki-Str. 28 15711 Königs Wusterhausen email@example.com
X. Liability The buyer is obliged to report any damage and losses for which Waldner Handelsgesellschaft mbH is responsible, to the company immediately in writing or to have them recorded by the company. The personal liability of the legal representatives, vicarious agents, and employees of Waldner Handelsgesellschaft mbH towards the buyer is excluded, except in cases of intent and gross negligence. If Waldner Handelsgesellschaft mbH is in delay with the delivery and a reasonable grace period set by the customer with the threat of rejection has expired unsuccessfully, the customer can withdraw from the contract to the extent that the contract has not yet been fulfilled. Other claims, especially for damages, are excluded. The exclusion does not apply if and insofar as the delay was caused by a legal representative or a vicarious agent of the seller or Waldner Handelsgesellschaft mbH itself, intentionally or through gross negligence, or if Waldner Handelsgesellschaft mbH culpably violated essential contractual obligations. In the event of unforeseen events that are beyond the control of Waldner Handelsgesellschaft mbH, such as strikes and lockouts or operational disruptions, agreed delivery periods shall be extended by the duration of the hindrance plus a reasonable start-up period. Withdrawal from the contract is excluded in this case.
XI. Jurisdiction and Place of Fulfillment The jurisdiction and place of fulfillment are, as far as it concerns traffic with entrepreneurs, legal entities of public law or a public special fund, the seat of Waldner Handelsgesellschaft mbH.
XII. Data Protection Waldner Handelsgesellschaft mbH uses the personal data provided by you (title, name, address, date of birth, email address, phone number, fax number, bank details) in accordance with the provisions of German data protection law. Your personal data, insofar as it is necessary for the establishment, content design, or modification of the contractual relationship (inventory data), are used exclusively for processing the purchase contracts concluded between us. We do not pass on your personal data including your home address and email address without your explicit and revocable consent to third parties. Excluded from this are our service partners who require the transmission of data for order processing (e.g., the shipping company commissioned with the delivery and the credit institution commissioned with payment processing). In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
XIII. Final Provisions
- Should a provision of these General Terms and Conditions be invalid, the remaining provisions remain effective. In place of the invalid provision, the relevant statutory provisions apply.
- The law of the Federal Republic of Germany applies to contracts between the provider and the customers, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Effective as of August 2023