Conditions générales de vente

Stand: January 2021

These are the General Terms and Conditions (hereinafter: “GTCs”) of:


Continental Aftermarket & Services GmbH
Sodener Straße 9
65824 Schwalbach
Germany
Tel .: +49 6196 87 1566
Fax:
E-mail: info@vdo-shop.com

Management:
Gilles Mabire, Frank Staiger, Ludger Trilken, Peter Wagner 

Entry in the commercial register:
Registered offices: Schwalbach am Taunus
Frankfurt am Main Local Court
HRB 54523

VAT identification number in accordance with Section 27a of the German Value Added Tax Act (UStG)VAT ID No. DE171884444 
WEEE Reg. No.: DE 59470422The following GTCs also contain statutory information on the customer’s rights in accordance with the regulations on distance contracts and contracts as part of electronic business transactions.

 

1.General provisions and scope

1.1. Continental Aftermarket & Services GmbH offers its customers the opportunity to purchase new items for their vehicles and to obtain repair services in its own online shop at www.vdo-shop.com/fr (hereinafter referred to as “website”).
 
1.2. These GTCs apply to all items specified under Section 1.1. and ordered by the customer and orders placed by the customer for repairs or other work and services (hereinafter referred to as “repair services”). They have precedence over the General Terms and Conditions of Sale and Delivery of Continental Aftermarket & Services GmbH.
 
1.3. Customers within the meaning of these GTCs are consumers and entrepreneurs.
 
1.3.1. “Consumers” denotes any natural person with whom a business relationship is established and who acts predominantly for a purpose that cannot be attributed to his/her commercial or to his/her freelance professional activity. 
 
1.3.2. “Entrepreneurs” within the meaning of these GTCs denotes any natural or legal person or partnerships having legal capacity with which/whom business relationships are established and which/who act in pursuit of their commercial, or freelance professional activity.
 

2.Formation of a contract in the online shop

2.1. The contract shall be formed subject to the conditions specified in Sections 2.2. to 2.6.
 
2.2. The products and repair services specified in the online shop do not constitute offers that are binding on Continental Aftermarket & Services GmbH, but instead a request to the customer to submit a binding offer by placing an order.
 
2.3. The customer can choose from the products and repair services specified in the online shop and place and collect them in a shopping cart by clicking the “Hinzufügen” (“Add”) button. When the customer clicks on the “Zahlungspflichtig bestellen” (“Buy Now”) button, the order from the “virtual shopping cart” is sent to Continental Aftermarket & Services GmbH. By doing so, the customer issues a binding order (hereinafter referred to as “offer”) to purchase the products in the shopping cart or to place an order for repair services. The GTCs must be accepted by the customer before the order is completed. Continental Aftermarket & Services GmbH shall confirm receipt of this order by e-mail without undue delay (hereinafter referred to as “order confirmation”). The customer’s order shall be listed again in this order confirmation. The order confirmation merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. When products are ordered, the contract shall not be formed until Continental Aftermarket & Services GmbH has issued its declaration of acceptance, which will be sent by separate e-mail (hereinafter referred to as “dispatch and order confirmation”). In the case of repair services, only a diagnostic service agreement is initially formed when Continental Aftermarket & Services GmbH issues its declaration of acceptance by e-mail (hereinafter referred to as “order confirmation for repair services”). The declaration of acceptance required to form the subsequent repair contract is subject to the proviso that a defect is found in the device to be repaired and Continental Aftermarket & Services GmbH can rectify it. 
 
Continental Aftermarket & Services GmbH shall also be authorised to accept orders only in part or refuse them without the need to state the reasons for that.
 
2.4. In general, customers are shown whether a product is “in stock” or “not in stock” when they purchase products (with the exception of services). Products indicated as being “not in stock” cannot be placed in the virtual shopping cart and purchased. When the availability of a product is indicated, it is assumed that the order does not exceed the customary quantity of five products with the same item number.
 
Repair services can be ordered immediately.
 
2.5. Fulfilment of the contract by Continental Aftermarket & Services GmbH shall be subject to the proviso that there are no impediments to that pursuant to national or international foreign trade regulations or due to embargoes (and/or other sanctions). 
 
 
2.6. Fulfilment of contracts for repair services shall be subject to the proviso that the device sent in for repair (“device to be repaired”), along with the completed repair order form specified in Section 10.4., is sent to the delivery address stated in Section 10.5. within 10 business days. If the device to be repaired is sent with carriage for it unpaid or without a properly completed repair order form, the package in question shall be returned to the customer’s delivery address with carriage for it unpaid. In such a case, the repair order cannot be handled. If the device to be repaired is not sent within 10 business days, prepayments made by the customer shall be refunded within 14 business days. 
 
2.7. Repair services shall be performed subject to the proviso that a defect in the device to be repaired is found pursuant to the diagnostic service agreement and Continental Aftermarket & Services GmbH can rectify it. If the device to be repaired is not repaired, it shall be sent back to the customer, along with the diagnostic report, no later than 5 business days after it has been received at the business establishment that conducts diagnosis. If the repair services cannot be performed, a payment of €46.00 including value-added tax shall be charged for the costs incurred in diagnosing the defect.
 
Payments for the entire repair already made by customers shall be refunded – less the payment for diagnosing the defect – within 14 business days by the payment method chosen when the order was placed.
 
2.8. Customers must register on the website before placing an order for the first time. Customers must be at least 18 years of age and so have legal capacity. Obligatory details are indicated by *. By sending the registration form, customers confirm that their details, in particular their name, age and address, are correct. When Continental Aftermarket & Services GmbH receives the registration, customers are sent a link to the e-mail address they specified when registering. This link contains the address of the website where customers can complete registration by defining a password. After opening a customer account, customers can place future orders after entering their user name and password without the need to input their address data again. Their data is encrypted before being transferred. Customers can check and correct the address data they have entered at any time under the tab “Mein Konto” (“My Account”) and the subtab “Meine Daten” (“My Data”) and save the changes by pressing the “Speichern” (“Save”) button. Continental Aftermarket & Services GmbH reserves the right to reject an application for registration or revoke an existing registration without the need to state the reasons for that. Customers shall be responsible for keeping their password secret. Continental Aftermarket & Services GmbH can only check whether an access code matches a properly enabled login. Continental Aftermarket & Services GmbH shall not be obligated to conduct any further checks. Any person who logs on with an enabled login on the website and the correct password shall be authorised to place legally binding orders for the registered customer in question.
 
2.9. Customers can correct their inputs at any time during the ordering process. Customers can check the goods and the quantity they have entered on the “Warenkorb” (“Shopping Cart”) page. They can correct the quantity of the selected goods by changing the number below “Menge” (“Quantity”) and delete the selected goods by clicking on the “Löschen” (“Delete”) cross. After customers have forwarded the shopping cart by pressing the “Zur Kasse” (“Proceed to Checkout”) button, they can still abort the ordering process at any time by closing their browser. Customers can check the delivery address and payment method they have entered on the “Bestellübersicht” (“Order Overview”) page.
 
2.10. Customers can correct their inputs at any time during the ordering process. Customers can check the goods and the quantity they have entered on the “Warenkorb” (“Shopping Cart”) page. They can correct the quantity of the selected goods by changing the number below “Menge” (“Quantity”) and delete the selected goods by clicking on the “Löschen” (“Delete”) cross. After customers have forwarded the shopping cart by pressing the “Zur Kasse” (“Proceed to Checkout”) button, they can still abort the ordering process at any time by closing their browser. Customers can check the delivery address and payment method they have entered on the “Bestellübersicht” (“Order Overview”) page.
Customers can correct the delivery address and payment method at any time using the “Ändern” (“Change”) button.
 
2.11. If customers use this online shop to order online training content, that content can be accessed and used on the VDO Academy platform (at URL). The VDO Academy’s terms and conditions (LINK) apply to use of this platform.
 
2.12. The contract text is saved; it can still be accessed in the internal customer section after the order has been sent. Customers log in directly via the website with their user name, which is the same as the specified e-mail address, and the password they have previously defined. They can view the GTCs on the website at any time. The order data and GTCs are sent to customers along with the order confirmation. After the order has been completed, customers’ order data can no longer be accessed on the Internet for security reasons.
 
2.13. Customers can conclude contracts with Continental Aftermarket & Services GmbH in German  .
 
2.14. Continental Aftermarket & Services GmbH is governed by a Code of Conduct. The regulations in this Code of Conduct can be found at: 
 
 
 

3.Customers’ compliance with regulations

The customer acknowledges that the products purchased under this contract or order may be subject to export control regulations or economic sanctions under the laws of the Federal Republic of Germany, the United States, the European Union or other countries. The customer is responsible for complying with the laws of these countries or alliances. The customer undertakes not to export, re-export or transfer the products or grant access to controlled technology without obtaining all the required permits and licences beforehand.
 
 

4.Right of cancellation

Cancellation policy / right of cancellation

Consumers have the right to cancel these GTCs within fourteen days, without the need to state the reasons for doing so. 
 
4.1. Right of cancellation when goods are purchased
Right of cancellation
The cancellation period shall be fourteen days as of the day on which you, or a third party you specify who is not the carrier, have/has taken possession of the goods. 
 
In order to exercise your right of cancellation, you must notify us:
 
Continental Aftermarket & Services GmbH,
Sodener Straße 9
65824 Schwalbach am Taunus, Germany
Tel .: +49 6196 87 1566
Fax: 
E-mail: info@vdo-shop.com
 
of your decision to cancel the contract by means of a clear declaration to that effect (e.g. by means of a letter sent by post, fax or e-mail). You can use the enclosed specimen cancellation form for that, but do not have to do so. 
You can also complete and send the specimen cancellation form or another clear form of declaration electronically on our website at www.vdo-shop.com . If you make use of this option, we will immediately send you confirmation that we have received the notice of cancellation (e.g. by e-mail). 
 
Sending of the notice that you wish to exercise your right of cancellation before the cancellation period expires shall be sufficient to ensure that the cancellation period has been complied with.
 

Consequences of cancellation

If you cancel the contract, we shall refund you all payments we have received from you, including delivery charges (with the exception of the additional costs resulting from the fact that you selected a means of delivery other than the lowest-cost standard one we offer), immediately and by no later than fourteen days as of the day on which we receive notice that you have cancelled the contract. To refund the above, we shall use the same means of payment you used for the original transaction, unless explicitly agreed otherwise with you; you shall not be liable to pay any charges connected with this repayment. 
 
We can refuse to refund the above payments and charges until we have received the goods again or until you have proved that you have sent the goods back, whichever is earlier.
 
You must return or hand over the goods – immediately and by no later than fourteen days as of the day on which you inform us that you have cancelled the contract – to Continental Aftermarket & Services GmbH at the address:
 
Continental Automotive GmbH
VDO Straße 1, Halle B14
64832 Babenhausen
Germany
 
This deadline has been complied with if you dispatch the goods before the fourteen-day period ends.
 
The purchaser shall bear the direct costs of returning the goods. The estimated costs of that are at most around €39.90 per package.
 
You must restitute any impairment to the value of the goods only if such impairment is attributable to handling of them that is not necessary for the purposes of inspecting the qualities, properties and working order of the goods.
 
Specimen cancellation form
 
(If you wish to cancel the contract, please complete and return this form)
 
To:
Continental Aftermarket & Services GmbH,
Sodener Straße 9
65824 Schwalbach am Taunus, Germany
E-mail: info@vdo-shop.com
 
I/we (*) hereby cancel the contract I/we (*) have concluded relating to purchase of the following goods (*)/ provision of the following service (*) 
 
— Ordered on (*) / received on (*) 
 
— Name of the consumer(s) 
 
— Address of the consumer(s) 
 
— Signature of the consumer(s) (only if paper notification is given)
 
— Date
 
(*) Delete as applicable

 

Right of cancellation for services and repair services and if digital content is purchased

Cancellation policy / right of cancellation
Consumers have the right to cancel the contract within fourteen days, without the need to state the reasons for doing so. 
 
The cancellation period shall be fourteen days as of the day on which the contract is concluded.
 
In order to exercise your right of cancellation, you must notify us:
 
Continental Aftermarket & Services GmbH,
Sodener Straße 9
65824 Schwalbach am Taunus, Germany
Tel.: +49 6196 87 1566
Fax:  
E-mail: info@vdo-shop.com
 
of your decision to cancel the contract by means of a clear declaration to that effect (e.g. by means of a letter sent by post, fax or e-mail). You can use the enclosed specimen cancellation form for that, but do not have to do so. You can also complete and send the specimen cancellation form or another clear form of declaration electronically on our website at www.vdo-shop.de. If you make use of this option, we will immediately send you confirmation that we have received the notice of cancellation (e.g. by e-mail). 
 
Sending of the notice that you wish to exercise your right of cancellation before the cancellation period expires shall be sufficient to ensure that the cancellation period has been complied with.

 

Consequences of cancellation

If you cancel the contract, we shall refund you all payments we have received from you, including delivery charges (with the exception of the additional costs resulting from the fact that you selected a means of delivery other than the lowest-cost standard one we offer), immediately and by no later than fourteen days as of the day on which we receive notice that you have cancelled the contract. To refund the above, we shall use the same means of payment you used for the original transaction, unless explicitly agreed otherwise with you; you shall not be liable to pay any charges connected with this repayment. 
 
If you have requested that the services are to commence during the cancellation period, you must pay us a reasonable sum corresponding to the part of the service already provided up to the time you notified us that you wish to exercise your right to cancel the contract relative to the total volume of the services envisaged under the contract.
 
Specimen cancellation form
 
(If you wish to cancel the contract, please complete and return this form)
 
To:
Continental Aftermarket & Services GmbH,
Sodener Straße 9
65824 Schwalbach am Taunus, Germany
E-mail: info@vdo-shop.com
 
I/we (*) hereby cancel the contract I/we (*) have concluded relating to purchase of the following goods (*)/ provision of the following service (*) 
 
— Ordered on (*) / received on (*) 
 
— Name of the consumer(s) 
 
— Address of the consumer(s) 
 
— Signature of the consumer(s) (only if paper notification is given)
 
— Date
 
(*) Delete as applicable

 

 

5.Lapse of the right to cancel paid content contracts

5.1. A paid content contract is a contract for the delivery of data that are not on a physical data carrier and are created and provided in digital form (hereinafter referred to as “digital content”), for example downloads of: software, computer programs, apps, games, music, videos, online training courses or texts (hereinafter referred to as “paid content contract”). 
 
5.2. The right to cancel a paid content contract shall lapse once Continental Aftermarket & Services GmbH has begun to execute the contract. However, the right of cancellation can lapse only if customers have given their explicit consent to execution of the contract before the cancellation period expires   and at the same have confirmed that they are aware that they will lose their right of cancellation once execution of the contract begins.
 
5.3. In the case of delivery of digital content, customers must therefore explicitly consent when they send their order from the shopping cart that they agree to the contract being executed before the cancellation period expires. Customers must acknowledge at the same time that they will lose their right of cancellation once execution of the contract begins.
 
5.4. The customer’s consent and acknowledgement pursuant to Section 5.3. is also documented once more in the dispatch and order confirmation sent by e-mail to accept the customer’s binding offer.
 

6.Lapse of the right to cancel repair services

6.1. The right to cancel a contract for repair services shall lapse once Continental Aftermarket & Services GmbH has performed the contract for diagnostics or repair. However, the right of cancellation can lapse only if customers have given their explicit consent to execution of the contract before the cancellation period expires and at the same have confirmed that they are aware that they will lose their right of cancellation once execution of the contract begins.
 
6.2. In the case of repair services, customers must therefore explicitly consent when they send their order from the shopping cart that they agree to the contract being executed before the cancellation period expires. Customers must acknowledge at the same time that they will lose their right of cancellation once the contract has been performed in full.
 
6.3. The customer’s consent and acknowledgement pursuant to Section 6.2. is also documented once more in the order confirmation for repair services sent by e-mail to accept the customer’s binding offer.
 
6.4. If the customer cancels the contract for repair services before the diagnostics or repair services are performed in full and the right of cancellation has not yet lapsed, Continental Aftermarket & Services GmbH can demand compensation for that part of the service already provided up to the time of cancellation.
 

7.Reservation of ownership

In the case of contracts with consumers, Continental Aftermarket & Services GmbH reserves ownership of sold objects until their purchase price has been paid in full; in the case of contracts with entrepreneurs, Continental Aftermarket & Services GmbH reserves ownership of the goods until all claims from a current business relationship have been settled in full (hereinafter referred to as “reserved goods”).
 

8.Prices, delivery/shipping charges

8.1. All prices stated in the online shop are gross prices. They thus include all price components, as well as all due taxes.
 
8.2. The payment for diagnosing defects stated in the product description shall be charged for the diagnostics service.
 
8.3. The lump-sum prices stated on the website shall apply to repair services; customers shall not be entitled to a breakdown of the costs. The diagnostics service specified separately in the online shop is already included in the lump-sum price for the repair if a repair is carried out. 
 
8.4. Unless otherwise agreed in an individual case, the prices do not include packaging, freight, postage and insurance. There are consequently additional delivery and shipping charges when the goods are sent; their amount depends on the details specified in connection with the specific offer. All additional freight, delivery, shipping or other charges shall be communicated to customers clearly and understandably in a prominent manner directly before they place their order. 
 
8.5. Customers shall bear the relevant delivery and shipping charges, unless they make use of their right of cancellation. 
 
8.6. The goods shall be shipped by post. The provider shall bear the shipping risk if the customer is a consumer.
 

9.Terms of payment

9.1. Customers can pay by credit card or PayPal.
 
9.2. The purchase price shall be due for payment as soon as a contract is concluded. Customers shall pay all amounts without deduction by no later than 10 days after receiving the request for payment; the time at which the money is received by and can be disposed of unconditionally by Continental Aftermarket & Services GmbH shall be authoritative in determining whether payment has been made on time. The date of receipt of payment shall be the day on which the amount is paid into the account of Continental Aftermarket & Services GmbH via PayPal or is debited by credit card. Customers shall be in delay in paying when the due date expires without payment having been made, without the need for any further declaration by Continental Aftermarket & Services GmbH.
 
9.2.1. If payment is made by credit card, the customer authorises Continental Aftermarket & Services GmbH when disclosing the credit card data to charge the full invoice amount, including any delivery, packaging and shipping charges, to the customer’s credit card when payment is due.
 
9.2.2. Consumers shall be charged interest of 5 percentage points above the respective base interest rate on their debt during the delay in payment.
 
9.2.3. Entrepreneurs shall be charged interest of 9 percentage points above the respective base interest rate on their debt during the delay in payment. Continental Aftermarket & Services GmbH reserves the right to prove and claim higher damage it has incurred due to the delay in payment.
 
9.3. Customers who are not consumers shall have the right to offset or withhold payments only if their counterclaims have been legally established with final and binding effect or are not disputed by Continental Aftermarket & Services GmbH.
 

10.Terms of delivery and shipment

10.1. The goods shall be delivered against cash in advance and by shipment. In the case of payment by cash in advance, the goods shall be shipped or handed over to the customer – if they are in stock and unless otherwise stated on the website – only when the full purchase price, plus any delivery and shipping charges, has been received by Continental Aftermarket & Services GmbH, and in the case of repair services probably within the delivery period for repairs defined in Section 14.2.
 
10.2. The ordered goods shall be delivered by a haulage contractor engaged by Continental Aftermarket & Services GmbH. Continental Aftermarket & Services GmbH shall choose the haulage contractor at its own discretion, but does not warrant that it will choose the fastest and cheapest means of consignment. Part deliveries shall be permissible to the extent that the customer can be reasonably expected to accept them. No additional shipping charges shall be incurred if part deliveries are performed at the instigation of Continental Aftermarket & Services GmbH.
 
10.3. The customer pledges that the delivery address specified for the order is correct and complete. If additional costs for consigning the order – such as charges for shipping it again – are incurred due to the fact that the address data is incorrect, the customer shall reimburse them.
 
10.4. In the case of repairs, customers must send the device to be repaired, along with an enclosed repair order form, to the delivery address stated in Section 10.5. at their own risk and expense. Alternatively, customers can ask us to collect the device to be repaired, along with an enclosed repair order form, and must provide the necessary information as part of that. The costs of collection shall be charged as additional shipping charges.
 
10.5. The delivery address for devices that are to be repaired or replaced is:
 
Continental Automotive GmbH
Reparaturdienstleistungen
VDO Straße 1, Halle B14
64832 Babenhausen, Germany
 
The packaging instructions on our website must be heeded.
 
 

11.Customer service, warranty

11.1. Any inquiries and/or complaints must be directed to Continental Aftermarket & Services GmbH using the above contact data.
 
11.2. The statutory warranty claims shall apply to the items and services offered in the online shop.
 
 

12.Liability

12.1. Continental Aftermarket & Services GmbH shall be liable without limitation in accordance with the statutory provisions for damage resulting from injury to life, body or health due to a breach of duty through gross negligence or wilful intent, as well as for other damage due to a breach of duty through gross negligence or wilful intent or due to intent to deceive.
 
12.2. In addition, Continental Aftermarket & Services GmbH shall be liable without limitation for damage covered by liability in accordance with mandatory statutory provisions, such as the German Product Liability Act (Produkthaftungsgesetz) or if and to the extent that Continental Aftermarket & Services GmbH has warranted a quality of the object or that the object will maintain a specific quality for a specific length of time.
 
12.3. Continental Aftermarket & Services GmbH shall be liable for damage caused by slight negligence to the extent that said negligence relates to the breach of contractual obligations whose fulfilment constitutes a condition sine qua non for proper execution of the contract and which the customer may regularly rely upon to be fulfilled (hereinafter referred to as “cardinal contractual obligations”). In this regard, liability on the part of Continental Aftermarket & Services GmbH shall be limited to foreseeable damage typical of the contract.
 
12.4. Continental Aftermarket & Services GmbH shall be liable towards consumers if it breaches contractual obligations not covered by Section 12.3 (“non-cardinal contractual obligations”) through slight negligence; however, its liability shall be limited to foreseeable damage typical of the contract.
 
12.5. Any further liability shall be excluded, without regard to the legal nature of the claim.
 
12.6. Any exclusion of liability under the above provisions shall also extend to the personal liability of employees, legal representatives and vicarious agents of Continental Aftermarket & Services GmbH.
 
 

13.Handling of the products

13.1. The products offered in the online shop are mainly products that are installed in or used in connection with motor vehicles. 
 
13.2. Due to the technical complexity of the products specified in Section 13.1. of these GTCs, it is essential that they be installed or handled properly by skilled persons so that they work faultlessly and reliably. 
 
13.3. The product information and safety instructions enclosed with or attached to the products must always be heeded.
 
13.4. The warranty claims specified in Section 11 of these GTCs can be asserted only if the conditions stated in Sections 13.2. and 13.3. of these GTCs are met. The customers shall not have the right to assert warranty claims for damage caused by a failure to comply with Sections 13.2. and 13.3. of these GTCs.
 
 

14.Scope of the repair services

14.1. The repair services offered in the online shop shall be confined to the repair of devices in accordance with the repair order form and the content of the contract concluded between Continental Aftermarket & Services GmbH and its customer. Continental Aftermarket & Services GmbH shall not repair devices that third parties have repaired or attempted to repair in the past.
 
14.2. The delivery period for repairs of common defects shall probably be less than 72 hours from receipt of the device to be repaired by Continental Aftermarket & Services GmbH to when it is ready to be shipped back to the customer. Repair of the device in this time is very probable, but cannot be promised, and the time for it shall be extended in the event of unknown fault profiles and unforeseeable events.
 
 

15.Online settlement of disputes

In accordance with REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 and Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG), Continental Aftermarket & Services GmbH is obligated to provide you with information on the online dispute resolution procedure.
You can find the EU Commission’s online dispute resolution platform (“ODR platform”) at LINK. Continental Aftermarket & Services GmbH does not, nor is it obliged to, take part in a dispute resolution procedure before a consumer arbitration board.
 
 

16.Final provisions, data protection

16.1. The law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG/UN Sales Convention) shall not apply. This choice of law shall apply in the case of consumers who do not conclude the contract for professional or commercial purposes only insofar as the protection granted by mandatory provisions in the law of the country where the consumer has its habitual residence is not deprived. 
 
16.2. If individual provisions of these GTCs are invalid or unenforceable or become invalid or unenforceable after a contract is concluded, the other provisions of the GTCs shall not be affected thereby. The invalid or unenforceable provision shall be replaced by an arrangement whose content and effect correspond as closely as possible to what the parties intended with the invalid or unenforceable provision. The above provisions shall apply analogously if the GTCs unintentionally have a gap.
 
16.3. If the customer is a merchant, legal entity under public law or special fund under public law, any disputes in connection with these GTCs shall be settled solely before a competent court of law in Frankfurt am Main, Germany. The same shall apply if the customer does not have its place of general jurisdiction in Germany or its domicile or habitual residence is not known at the time legal action is filed. The authority of Continental Aftermarket & Services GmbH to resort to the courts of law at another legal place of jurisdiction shall not be affected thereby.
 
16.4. Customers can access the data they have saved using the “Mein Konto” (“My Account”) button in their profile and change or delete it at any time. In addition, as regards any consent by customers and further information on the collection, processing and use of data, customers are referred to the privacy policy, which can be accessed in printable form at any time from the provider’s website under “Datenschutz” (“Data Protection”) and “Cookies” (“Cookies”) in the footer.