General Terms and Conditions of the VDA
1. Scope of application
Business transactions between the Verband der Automobilindustrie e.V. (hereinafter referred to as "VDA") and the buyer (hereinafter referred to as "Customer") are subject exclusively to the following General Terms and Conditions in their version valid at the time of purchase. This does not apply for deliveries and services of the VDA through its department QMC (in the following VDA QMC), in which cases the general terms and conditions published on the internet site of VDA QMC shall apply.
Deviating conditions of the buyer are not acknowledged, unless the VDA has explicitly agreed to their validity in writing.
2. Entry into contract
If the Customer places an order through "Publications + Orders & Downloads" at www.vda.de, this constitutes an offer to the VDA to enter into a purchase agreement. The VDA accepts this offer by sending the Customer an e-mail confirming receipt of the order and showing its details (confirmation of order). If no order acknowledgment is possible (e.g. because the Customer did not enter an e-mail address in the order), the contract comes into effect on shipment of the goods.
The VDA reserves the right to carry out a credit check even after sending the order acknowledgment, and to withdraw from the contract or require payment in advance in the event of an adverse report.
If the ordered goods are not available, the VDA is entitled to withdraw from the contract. In this event, the buyer will be notified without delay.
3. Agreement on return costs, right of cancellation within 14 days
a. Agreement on return costs
Should the Customer exercise its right to cancel, it must bear the regular costs of returning the goods if the goods supplied comply with the order and if the price of the item to be returned does not exceed EUR 40 or, when the price exceeds this amount, if at the time of cancellation the Customer has not paid the amount due or made a contractually agreed partial payment. Otherwise, the return is free of charge.
b. Notification on cancellation
Right of cancellation
Contracts for Electronic documents (e.g. PDF-Files), E-books, and Apps/software are excluded from cancellation.
The customer can, without giving any reason, cancel the contract within 14 days in writing (including letter, fax and e-mail) or, if the item is delivered within this period, by returning the item.
The period begins on receipt of this notification in writing, but not before receipt of the goods by the addressee (in the event of repeated supplies of similar items not before receipt of the first part-delivery) and not before satisfaction of our obligation to notify the Customer in accordance with Art. 246 §2 in combination with § 1 (1) and (2) EGBGB (Introductory Statute to the Civil Code) and our obligations under § 312g (1) sentence BGB (Civil Code) in combination with Art. 246 § 3 EGBGB. To comply with the cancellation notice it is sufficient to send cancellation or return the item within the period.
Cancellation by return of goods must be addressed to:
Verband der Automobilindustrie e.V. (VDA)
10117 Berlin, Germany
Consequences of cancellation:
In the event of effective cancellation, the goods, services and payment received must be returned together with any benefits (e.g. interest) derived. If the Customer is unable to return the goods and services received together with any benefits derived (e.g. benefits from use) in full or in part, or only in impaired condition, the VDA must be compensated accordingly. This can mean that the contractual payment obligations must be met for the period prior to cancellation. Compensation must be paid for impairment of the item and any benefits derived if the benefits or impairment are due to use of the item that goes beyond checking its characteristics and functioning. "Checking the characteristics and functioning" means testing and trying out the item in question in the same way, for example, as is possible and normal in a store.
Items that can be shipped in packages must be returned at the VDA's risk. The Customer must bear the regular costs of returning the goods if the goods supplied comply with the order and if the price of the item to be returned does not exceed EUR 40 or, when the price exceeds this amount, if the Customer has not at the time of cancellation paid the amount due or made a contractually agreed partial payment. Otherwise, the return is free of charge. Obligations to return payments must be met within 30 days. For the Customer the period begins on sending notice of cancellation or the item, for the VDA on receipt.
End of the notification on cancellation
Unless otherwise agreed, delivery is made to the address entered by the Customer. Any information on the delivery period is nonbinding and is not grounds for any claim to delivery within the stated period. The VDA will endeavour to deliver the goods within the stated period.
5. Shipping costs
Delivery is in accordance with the shipping costs shown in the order.
If the Customer falls behind on payment, VDA is entitled to demand interest of 5% over the European Central Bank's annual base rate. If the VDA can show that it has suffered greater loss from the default, it is entitled to claim this. A reminder fee will be charged for each reminder after the start of default.
7. Offset, retention
The Customer only has a right of offset for counterclaims that are recognised by the VDA uncontested or are legally established as final and absolute. The Customer is also only entitled to exercise a right of retention to the extent that the counterclaim is based on the same contract.
8. Retention of title
The goods delivered remain the property of the VDA until paid for in full.
9. Liability for defects
If there is a proven defect in the goods for which the VDA is responsible, the VDA will ensure correction of the defect or replacement within a reasonable period.
If the VDA chooses replacement, the Customer is obliged to return the initial delivery to the VDA within 30 days at VDA's expense.
Liability for consequential and indirect damages not arising directly from the delivery, loss of profit or other financial loss to the Customer is excluded. To the extent that VDA liability is excluded or limited, this also applies to personal liability of employees, agents and servants.
The above limitation of liability does not apply if the loss is due to intent, gross negligence or personal injury. It further does not apply if the Customer has claims under §§ 1, 4 Product Liability Act.
If the VDA violates a material obligation under the contract out of ordinary negligence, liability for replacement is limited to foreseeable typical loss, not normally exceeding the purchase price. Otherwise, liability for ordinary negligence is excluded.
10. Copyright for VDA publications
Books and electronic documents are protected by copy right. The customer acquires a non-exclusive and non-transferable right of use. When purchasing electronic documents, the customer acquires an individual or a multiple license depending on the specification in the order. The right of use of electronic documents and books is granted on condition that the purchase price is paid in full. The transfer, processing, duplication, distribution, publishing or making the documents publicly available, in whole or in part, regardless whether in digital form, by data transfer or in analog form, is prohibited and can be prosecuted.
In case a group license is granted for the use of electronic documents, the use of the licensed document in the intranet of the company is solely permitted for the employees of the company. A transfer and/or sub licensing to third parties is not permitted. Affiliates as defined in § 15 seq AktG (German Stock Corporation Act) are also considered third parties.
The Customer may acquire the e-book or electronic document for a third party upon application. In this event, the e-book or the electronic document is intended only for the personal utilization of the named third party and the latter receives a simple, non-transferable right of utilization that entitles him to utilization for business purposes as an individual user. If a group license was obtained for electronic utilization by the third party, Article 10, Para. 2 of these General Terms and Conditions applies accordingly. The Customer will obligate the third party not to pass on, process, reproduce or distribute the electronic document, or make it accessible to the public. Moreover, the Customer will specify in the ordering procedure that the e-book or the electronic document is being acquired for a third party. If the e-book or electronic document has been acquired for a third party, the Customer has no additional right of utilization of its own. The Customer may equally not process or reproduce the e-book or electronic document or make it accessible to the public or pass it on - except to the relevant third party.
11. Collection, processing and use of personal information of our customers
Information that the VDA receives from customers is used to process orders and deliver goods.
The VDA also uses the information to communicate with customers regarding orders, products and services, to update the VDA's records and to maintain customer accounts.
Information about the nature, scope, location and purpose of the collection, processing and use of the information required to execute orders is contained in the data protection statement.
12. Severability clause
If any provision of the individual contract or these General Terms and Conditions should be or become invalid or contain a gap, this does not affect the legal validity of the other provisions. In this event, the parties undertake to agree a legally valid provision which most closely approaches the commercial purpose of the invalid clause.
13. Applicable law, venue
German law applies with exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The venue for all disputes arising out of and in connection with the business relationship is Berlin.