General Terms and Conditions of Sale (AGB)
Governing all B2C consumer and B2B commercial transactions conducted via jdmpartshop.com, operated by JDM Part Shop Europe GmbH, Berlin, Germany.
§ 1 Scope of Application & Definitions
(1) These General Terms and Conditions (hereinafter “AGB”) apply to all contracts concluded via the online store https://jdmpartshop.com between JDM Part Shop Europe GmbH, Kurfürstendamm 194, 10707 Berlin, Germany (Registered at Amtsgericht Charlottenburg, HRB 249 108 B, EU VAT ID: DE 349 201 892) and our customers.
(2) A Consumer within the meaning of these AGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB). An Entrepreneur / Commercial Buyer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
§ 2 Conclusion of Contract in Electronic Commerce
(1) The presentation and technical cataloging of performance automotive components in our online store do not constitute a legally binding offer, but rather a non-binding invitation (invitatio ad offerendum) to submit an order.
(2) By clicking the button “Order with Obligation to Pay” at the final step of the checkout process, the customer submits a legally binding offer to purchase the goods contained in the shopping basket. Immediately after submitting the order, the customer receives an automated order confirmation via email Containing the order summary, unique order reference, and printable EU tax invoice. With this confirmation, the purchase contract is concluded.
§ 3 Euro (€) Pricing, Value Added Tax & Shipping Costs
(1) All prices displayed on jdmpartshop.com are stated in Euro (€) and are gross prices including statutory European Union Value Added Tax (19% German MwSt. pursuant to UStG).
(2) All orders of €250.00 or more qualify for free (€0.00) tracked standard shipping within Mainland Europe. For orders below €250.00, a flat tracked EU courier rate of €14.95 (including 19% VAT) is itemized transparently at checkout prior to contract conclusion.
(3) Because all orders are fulfilled from within the European Union Customs Union, customers within EU Member States incur zero customs duties or import clearance fees.
§ 4 Payment Terms (Stripe & SEPA Credit Transfer)
(1) Customers may settle orders via Credit/Debit Card (Stripe), Apple Pay / Google Pay, or SEPA Direct Bank Wire (Vorkasse / Banküberweisung).
(2) For SEPA Direct Bank Wire orders, payment is due within five (5) business days of order placement quoting the assigned SEPA-XXXXXX reference code. Stock is reserved during this window.
§ 5 Retention of Title (Eigentumsvorbehalt)
The delivered performance hardware remains the sole legal property of JDM Part Shop Europe GmbH until full and final settlement of the purchase price and any associated freight charges (§ 449 BGB).
§ 6 Delivery, Lead Times & Transfer of Risk
(1) Deliveries are executed via DHL Express, DPD, GLS, or DACHSER pallet freight to the shipping address specified by the customer.
(2) Where the customer is a Consumer, the risk of accidental loss or accidental deterioration of the sold goods passes to the consumer only upon physical handover of the goods (§ 475 (2) BGB). Where the customer is a Commercial Buyer, risk passes upon handover of the goods to the forwarding agent or carrier (§ 447 BGB).
§ 7 Statutory Warranty, Motorsport Hardware & Installation Requirements
(1) Statutory defect liability rights under §§ 434 ff. BGB (24 months for new goods sold to consumers) apply to all street-designated OEM and replacement components.
(2) Professional Installation Requirement: High-performance engine internals (forged pistons, connecting rods, camshafts, head studs), forced-induction turbocharger systems, standalone engine management systems (ECUs), and braking/suspension assemblies must be installed and calibrated by a qualified specialist automotive workshop (Meisterbetrieb) in accordance with manufacturer torque and clearance specifications.
(3) Competition & Track-Use Parts: Components explicitly designated as “Race Only”, “Competition Spec”, or “De-Cat / Motorsport Catalyzer” are engineered for closed-course competition under extreme thermal and mechanical loads. Warranty claims resulting from improper ECU tuning (detonation, lean mixtures, over-speeding of turbocharger shafts) or circuit abuse are excluded.
§ 8 Homologation, TÜV Approval & Public Road Legality
Many Japanese domestic market (JDM) performance upgrades modify vehicle emissions, noise levels, or braking/suspension geometry. Unless a product description explicitly states that an ECE Approval, ABE, or TÜV Parts Certificate (Teilegutachten) is included, the component is supplied for export, track, or individual inspection approval (Einzelabnahme pursuant to § 21 StVZO). It is the buyer’s responsibility to verify national road-registration regulations in their respective EU member state.
§ 9 Governing Law, Jurisdiction & Severability
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory consumer protection provisions of the EU state in which they have their habitual residence (Art. 6 (2) Rome I Regulation).
(2) If the customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships is Berlin, Germany.