Applicability
(1) The present General Terms and Conditions shall apply to all business relations between RBS Spare, and its customers, as defined at the time of conclusion of the contract be it verbal or written, and as far as these refer to business transactions carried out by electronic means or not.

(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by RBS Spares in writing in individual cases.

(3) RBS Spares will be responsible for delivery and invoicing.

Formation of Contract
(1) The description of our range of products on the Internet just serves to inform the customers. It is no offer to conclude a contract within the meaning of any contractual codes.  Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for RBS Spares

(2) By sending an order to RBS Spares, the customer offers to conclude a contract. The customer will then receive an e-mail or other message confirming receipt of the offer. If individual information on the range of products on the Internet are faulty, RBS Spares shall inform the customer separately after receipt of the order and submit an appropriate counter offer to him.

(3) The contract with RBS Spares shall be brought about with RBS Spares acceptance of this offer. The acceptance of the offer shall be subject to the proviso that the goods are actually available. A separate confirmation of the acceptance of the offer by RBS Spares to the customer shall not be necessary. If RBS Spares cannot accept the offer of the customer, the customer shall be informed about it electronically.

Right of Withdrawal
(1) The customer shall be entitled to withdraw his declaration of intention to conclude a contract within one working week  after receipt of the goods by returning the goods at their expense to RBS Spares. No damaged or used item will be excepted. To comply with this term, it is sufficient to dispatch the goods in time.

(2) The charges and liabilities for the return of the goods  shall be the responsibility of the customer.

(3) In the case of withdrawal, RBS Spares shall refund the purchase price, if already paid, to the customer. Any return charges paid by RBS Spares for what ever reason will be deducted from the purchase price. Where a purchase has been made by a person from a foreign country by mistake the amount paid will be returned, minus any fees payable to refund the monies.

(4) In the case of a considerable deterioration in the quality of the goods or in the case of loss, the customer shall make good the corresponding reduction in value or loss to  if he withdraws his order. If the customer has already paid the purchase price, RBS Spares  shall be entitled to deduct the reduction in value from the amount repayable thought reasonably fit by RBS Spares.

(5) The right of withdrawal shall be barred in the following cases:
a) with contracts for the delivery of car panels fitted by the customer to a car by welding or similar;
b) with contracts for the delivery of goods manufactured according to customer’s specifications within the meaning of Art. 3 para. II No. 2 Mail Order Marketing Act, or of goods unsuitable for returns, such as one way fixing items;
c) with contracts on other deliveries barring the right of withdrawal expressis verbis.

6) RBS Spares reserve the right to refuse and withdraw from any order made. RBS Sales do not have to give a reason for this retraction. In certain circumstances they may levy 2% admin charge, such as International money returns.

The return and refund policy

1) The customer shall have the right to return the item purchased. However contact with RBS Spares must be made prior to the refusal of the item.

2) The item shall be returned at the customers expense.

3) Any postal or transfer loss upon a return shall at the customers liability. We therefore recommend some form of insurance.

4) The items must be returned within one working week of purchase.

5) The items must be well packed against damage.

6) All items must be in reasonable condition. Any item found to have been mis-used, damaged, or showing fitting damage or welds will not be accepted.

7) In the case of a return RBS Spares will refund the price paid excluding any carriage or extra money transfer cost.

8) RBS Spares reserve the right to repay the monies owed by cash, cheque or money transfer. Which ever is thought best for the circumstance.

9) Any person trying to purchase from outside the United Kingdom will have the monies returned minus a small handling charge.

Delivery of Ordered Goods
(1)  RBS Spares shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible.  RBS Spares shall be entitled to make partial deliveries. However RBS Spares shall not be liable for the delay by any carrier or courier. Delivery will only be made within the United Kingdom.

(2) The costs for the individual deliveries shall be charged to the customer by RBS Spares in the respective amount shown. All risks of delivery shall pass to the customer upon delivery of the goods from RBS Spares to the customer.

(3) Information on terms of delivery shall not be binding, unless RBS Spares has given an undertaking in writing to the customer in individual cases.

(4) No backorders will be made for items which are out of stock.

Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain strictly the property of RBS Spares

Maturity and Payment of Purchase Price
(1) The purchase price shall be due upon conclusion of the contract.

(2) Payment shall be made by credit card, or cheque. All cheques must be cleared funds before the item is dispatched. This item will be dispatched then in accordance to the delivery terms as stated.  RBS Spares shall act in accordance with the customer’s wishes regarding the mode of payment.

(3) If the customer is in default of payment for any reason, RBS Spares  shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 1 Discount Rate Transition Law of 9 June 1998 (BGBl. I S. 1242).

(4) The customer shall only be entitled to set-off if his counterclaims have been recognized by declaratory judgment in an English court.

Warranty of Quality
(1)  RBS Spares shall be liable for any defects existing upon delivery of the goods for the statutory warranty period. This however does not included any damage caused prior to, fitting of, or subsequent damage caused after the item was fitted.

(2) The customer binds himself to inform RBS Spares about any defects arising in writing immediately. In the event of a defect for which RBS Spares is responsible, RBS Spares shall, at its own discretion, either repair or replace the defective product.

(3) The warranty period for all items twelve months.


Liability
(1) RBS Spares shall neither be liable for damages not related to the goods themselves, nor for missed profit or other economic losses of the customer.

Privacy
All personal information of our customers will be treated confidentially. This information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations of the data protection act.
The transfer of such information to third parties who are neither involved in the performance of the contract nor affiliates of RBS Spares, shall be excluded. RBS Spares shall be entitled to transfer personal information of the customers to affiliates of RBS Spares for the purpose of credit checking and credit control as part of a data exchange. RBS Spares shall also be entitled to transfer personal information upon legal request to any UK Government agency.

Final Provisions
(1) These General Terms and Conditions are governed by the laws of The United Kingdom, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). The place of performance and venue is Mainz.

(2) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.