TERMS OF SERVICE
- General conditions
- Partan.de is the website for the electronic trade of car parts (hereinafter - Partan.de, website) that provides its users with the possibilities to select the desired details and to purchase it concluding remote purchase - sale agreement.
- . Partan.de is managed by Partan GmbH, the company’s code HRB214862, registered address: Hansastr. 66b, 30952 Ronnenberg, Germany, Tel.: +49(0)17660331582, e-mail address - info@partan.de (hereinafter - the seller).
- All Partan.de remote purchase - sale agreements are concluded with Partan GmbH; it provides this company with all the associated rights and obligations.
- Users using Partan.de confirm that they acquainted with these Rules and undertake to compliance with it.
- The service provider has the right to change these rules at any time informing users about the change on the Partan.de website.
- The acquisition of the product, delivery, and refusal of the agreement
- When the buyer chooses the product and wants to acquire it through the website’s electronic shop, he must provide a contact e-mail, personal data necessary for the delivery of the product, choose the method for delivery and payment. Providing the data, the buyer must be acquainted with the remote purchase - sale agreement, approving it he should tick "I agree with the Terms of the Agreement". The confirmation of the agreement and payment of the price for the product between the buyer and the seller create purchase - sale civil relations and the respective rights and obligations, except for the cases when the buyer chooses to pay for product taking it directly from the seller.
- Confirming the purchase of the particular product, the buyer agrees to the special conditions of the agreement in the Seller’s advertisement and he is free to choose alternative conditions such as delivery and payment method.
- The Buyer must specify correct contact data. Specifying false contact data, the Seller is not liable for any negative consequences arising to the Buyer.
- The Buyer, accepting the product must inspect its external condition or check if it is operating, if the nature of the product allows him to do it at the time of accepting the product. If the Buyer at the time of accepting the product did not make comments on its external condition or operation (if it could be verified at the time of accepting), he cannot rely on these shortcomings in the future and for this reason, cannot express claims or requirements to the Seller. The Buyer has no right to any claims for shortcomings of the product that have been specified in the ad.
- At the product delivery time, without significant reasons refusing to accept the product, the Buyer is obliged to cover the costs for the product delivery, and he is obligated to pay all the direct costs for returning the product to the Seller. Re-delivery of the product is possible after compensation of the product return cost and after payment for repeated sending.
- The seller has the right within three days after the concluding of the agreement to refuse it for any reason, notifying the Buyer about it in writing and returning the price paid in advance for the product.
- The Buyer has the right to refuse the agreement within 14 days for any reason, calculating this term from the date of receipt of the product. This term cannot be extended for any reason other than Seller’s consent. About refusal of the agreement, the Buyer should inform by e-mail and send the product back, the Seller within 10 days returns the cost for product paid by the Buyer and costs for product shipping, however, does not compensate the cost for returning the product incurred by the Buyer. Nevertheless, if it is determined that the product has been used or damaged due to the fault of the Buyer, the Buyer may decide not to return the money, providing a reasoned reply in writing. In this case, at the Buyer’s request, the product can be sent back him if he compensates the shipping costs to the Seller.
- Warranties and Returns
- In the standard case, the quality of the product and its guarantee are defined when the Seller is loading the ad and he is remarking if the product is new or used:
- New product - does not have any flaws and it is suitable for its intended use. The seller provides such product with the 2-year warranty period.
- Used product - the product was used early and the Seller only visually inspected, so the Seller cannot guarantee its quality and ensure the possibility to use it for its intended purpose. However, if when it was acquired or in the course of use, it turns out that because of the product defects the product cannot be used for its intended purpose, within 2 months from receipt of the product the Buyer has the right to return it and get a refund.
- At the choice of the Seller, in the advertisement, other qualities of the product may be presented and it can be provided with the specific warranty.
- The warranty is not applied to those cases when the product is damaged due to the fault of the Buyer - both intentional and reckless actions, including those due to improper installation of the product, and only in those cases when the resulting defects hinder the use of the product for its intended purpose. The shortages of which the Buyer is aware or it is so obvious that any buyer can identify it without any special investigation are not subject to the guarantee.
- Warranty application procedure: 1) The Buyer in order to use the warranty has within the warranty period to inform the Seller through email specifying his order number, a clear description of the defect resulting, the circumstances because of which the defect occurred. 2) The Seller must make a decision on the application of the warranty within 14 days. The Seller assessing the information presented in order to uncover the circumstances of the occurrence of the defect, has the right to ask for specific additional data or evidence needed to decide on the application of guarantee, it extends the decision-making period on the guarantee application. 3) After the positive decision on the application of the warranty, the buyer will be informed by e-mail and he will be indicated to send the product, which is returned. Upon receipt of product, the money should be returned within 10 days. Nevertheless, if the Seller saw, the product returned does not comply with the information provided by the Buyer i.e. he determines that the product has been damaged due to his fault or negligence; he may decide not to return the money informing the Buyer about it. In this case, at the Buyer’s request, the product can be sent back him; the Buyer should pay shipping costs.
- If the Buyer uses the right to return within 2 months the product, which cannot be used for its intended purpose, the same restrictions are applied (see 3.3. P.) and the identical procedure as in the case of the guarantee (see 3.4. P.).
- Returning the product based on both 3.4. P. and 3.5. P. in addition to the price paid for the product the Seller compensates expenses for product sending to the Buyer, but he does not compensate the costs incurred due to the product installation or any other costs incurred by the Buyer as well as pecuniary or non-pecuniary damage incurred by the Buyer because of the product quality shortages.
- In the standard case, the quality of the product and its guarantee are defined when the Seller is loading the ad and he is remarking if the product is new or used:
- Privacy and data protection
- The user on the partan.de submitting his personal data makes it with free will and agrees that it would be stored and processed on the website for 1 year from the day of the last login on the system.
- Personal data is processed in order to provide proper services to users, for the purposes of the ad database and purchases - sales agreement administration.
- Consumers have the right to access their personal data and to see how it is managed, to require delete their personal data or to stop, except for storage, their personal data processing operations when data is processed in breach of the provisions of the law; to disagree with the further processing of his personal data. The User must present in writing to the Service provider all the requests associated with the user’s personal data protection.
- The User agrees that when he registers in the system and connects to it, the system will register the User’s computer IP address, date and time of the login to the system.
- The Service provider undertakes not to give users’ personal data to third parties, except cases indicated in the legislation of the European Union and these Rules.
- The User agreeing with these Rules confirms that he provides the Service provider with the right to send to the user the service provider’s commercial offers and information reports unless the user refused to receive such offers by informing the Service provider about it in writing.
- Applicable law and dispute resolution
- All disputes arising between the Service provider and the user are subject to EU law