Terms & Conditions
General Terms and Conditions
for the online shop at the URL
https://www.dead-fiat.com
operated by
Kastrup, Schlürmann & Weinrich GbR
Lokstedter Steindamm 40 B
22529 Hamburg
E-Mail: info@dead-fiat.com
Phone: To be announced
— hereinafter referred to as the “Provider”
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1. Scope of Application
These General Terms and Conditions (GTC) apply, upon incorporation, to all contracts
concluded for the purchase of goods, services or other items (hereinafter referred to as
"Goods") via the online shop at the aforementioned URL, in the version valid at the time of
contract conclusion.
These GTC apply exclusively. Divergent terms and conditions of the customer shall not
become part of the contract unless the Provider expressly agrees to them.
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2. Conclusion of Contract
2.1
The offers in the online shop constitute a non-binding invitation by the Provider for visitors of
the online shop to submit an offer to purchase the Goods offered.
2.2
The order is placed via the Provider’s online order form. After selecting the desired Goods,
entering all mandatory information, and completing all other required steps in the ordering
process, the customer can submit a binding offer by clicking the order button at the end of
the checkout process.
The contract is concluded when the Provider accepts the customer’s offer. Acceptance may
occur by:
● sending a written or textual confirmation (e.g., by email),
● delivering the ordered Goods to the customer,
● or requesting payment from the customer (e.g., invoice or credit card payment).
The contract becomes effective upon the first occurrence of one of the aforementioned actions.
2.3
Before submitting the order via the Provider’s online order form, the customer can review
and amend their entries at any time using the standard input tools (keyboard, mouse,
touchscreen, etc.). Additionally, all entries are displayed once more in a confirmation window
before final submission and can be modified there as well.
2.4
The Provider will store the contract text after conclusion and send it to the customer in text
form (e.g., by email). Further accessibility of the contract text beyond this is not provided. If
the purchase was made via a customer account, past orders and related order data may be
viewed within that account.
2.5
The contract language is English.
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3. Right of Withdrawal for Consumers
Consumers are generally entitled to a right of withdrawal in distance selling and off-premises
contracts.
A consumer is any natural person who enters into a legal transaction for purposes that are
predominantly not related to their commercial or self-employed professional activity.
Details are provided in the cancellation policy, which is made available to every consumer
no later than immediately prior to contract conclusion.
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4. Payment & Default
4.1
Prices listed in the online shop at the time of the order apply. All prices include statutory VAT
and may include additional shipping costs as listed. The available payment methods are
shown in the online shop.
4.2
If payment in advance is agreed, the purchase price becomes due immediately after contract
conclusion.
4.3
If “purchase on invoice” is agreed, payment is due immediately unless a different payment
deadline is specified in the invoice or during the checkout process.
4.4
If SEPA direct debit is agreed, the amount becomes due immediately. The customer will be
notified in advance (pre-notification) of the debit and its scheduled date. The debit will not
occur before the customer has received this notification and not before the date stated
therein.
If the debit fails due to insufficient funds, incorrect bank details, or any reason attributable to
the customer, the customer shall bear any chargeback fees incurred.
4.5
If payment by credit or debit card is agreed, the purchase price becomes due immediately
after contract conclusion.
4.6
If PayPal is selected as the payment method, the amount is due immediately upon contract
conclusion. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24
Boulevard Royal, L-2449 Luxembourg.
4.7
If “Sofortüberweisung” is chosen, the amount is due immediately. Payment is processed via
Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.
4.8
If Giropay is selected, the purchase price is due immediately upon conclusion of the
contract. Payment is processed via paydirekt GmbH, Stephanstr. 14–16, 60313 Frankfurt am
Main, Germany.
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5. Retention of Title
Goods remain the property of the Provider until full payment has been received.
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6. Delivery and Reservation of Self-Supply
6.1
Unless otherwise agreed, delivery is made within the delivery period stated in the online
shop to the address provided by the customer.
6.2
For freight deliveries, and unless otherwise agreed, delivery is made “curbside only,”
meaning to the nearest public curb adjacent to the specified delivery address.
6.3
Self-collection of Goods is excluded.
6.4
If the Provider is unable to deliver the ordered Goods due to non-delivery by a
supplier—despite having entered into a corresponding covering transaction in good time and
without fault—the Provider is released from its obligation to perform and may withdraw from
the contract.
The Provider will promptly inform the customer of the unavailability of the Goods. Any
payments already made by the customer will be refunded immediately. Mandatory consumer
rights remain unaffected.
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7. Warranty
Statutory warranty rights apply.
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8. Liability and Indemnity
8.1
The Provider is liable without limitation:
● for damages resulting from injury to life, body, or health due to intentional or negligent
breach of duty by the Provider or its legal representatives or vicarious agents;
● for other damages caused by intentional or grossly negligent breach of duty by the
Provider or its legal representatives or vicarious agents;
● where the Provider has given a guarantee (unless otherwise agreed);
● or in cases of mandatory liability (e.g. under product liability law).
8.2
If the Provider negligently breaches a material contractual obligation, liability shall be limited
to the foreseeable, typical damage, unless unlimited liability applies under the preceding
paragraph.
Material contractual obligations are those which the contract imposes on the Provider
according to its content, which are necessary to achieve the purpose of the contract, and on
the fulfillment of which the customer may regularly rely.
8.3
Any further liability of the Provider and its legal representatives or vicarious agents is
excluded.
8.4
The customer shall indemnify the Provider against any claims made by third parties—
including reasonable legal defense costs—arising from unlawful or contractual violations
committed by the customer.
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9. Data Protection
The Provider handles customer data confidentially and in accordance with applicable data
protection laws. For details, please refer to the Provider’s privacy policy.
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10. Final Provisions
10.1
The law of the Federal Republic of Germany applies, excluding the UN Convention on
Contracts for the International Sale of Goods (CISG), unless this choice of law would deprive
a consumer who resides within the EU of the protection afforded by mandatory provisions of
the consumer’s country of residence.
10.2
If the customer is a merchant, a legal entity under public law or a special public fund, the
court at the Provider’s place of business shall have jurisdiction, unless a mandatory
exclusive jurisdiction exists. This also applies if the customer has no place of residence
within the EU. The Provider’s place of business is indicated in the header of these GTC.
10.3
If any provision of this agreement is or becomes invalid or unenforceable, the remaining
provisions shall remain unaffected.
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11. Online Dispute Resolution / Consumer Dispute
Resolution
The European Commission provides a platform for online dispute resolution at:
https://ec.europa.eu/consumers/odr
The Provider is neither willing nor obliged to participate in dispute resolution proceedings
before a consumer arbitration board.
Our email address can be found at the top of these GTC.