9.2.3 Reifenboss.com-General terms and Conditions

contractual terms and conditions in the context of sales contracts concluded via the platform

between

Reifenboss.com , (Kolpingstr 11, D-58706 Menden Tel: +49 2373 9819865), represented by Dimitrios Paschalis , VAT Identification No.: DE 358708821

           - hereinafter referred to as "Provider" -

and

the customer referred to in § 2 of the contract - hereinafter referred to as the "Customer" - be closed.

 

§ 1 Scope, definitions:

(1) The following General Terms and Conditions shall apply exclusively to the business relationship between the Webshop Provider (hereinafter referred to as "Provider") and the Customer (hereinafter referred to as "Customer") in the version valid at the time of the order.

 

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or self-employed professional activity.

 

§ 2 Conclusion of contract:

(1) The customer may choose products from the supplier's range (esp. tyres and rims) and collect them in a so-called shopping cart via the "add to cart" button. By clicking on the "order with obligation to pay" button, the customer submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept General Terms and Conditions” button and thereby included them in his application.

 

(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a durable medium (email or paper printout) (contract confirmation ). The contract text is stored in compliance with data protection.

 

(3) The contract is concluded in German.

 

§ 3 Delivery, availability of goods:

(1) Delivery times specified by us are calculated from the time of our order confirmation, assuming prior payment of the purchase price. If no or no different delivery time is specified for the respective goods in our online shop, it is approximately 3 working days.

 

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will not issue a declaration of acceptance. A contract is not concluded in this case.

 

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also immediately inform the customer of this in the order confirmation.

 

(4) The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany

 

§ 4 Retention of title:

The delivered goods remain the property of the provider until full payment has been made.

 

§ 5 Prices and shipping costs:

(1) All prices stated on the provider's website include the applicable statutory sales tax.

 

(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.

 

(3) The goods are dispatched by courier or freight forwarder. The provider bears the shipping risk if the customer is a consumer.

 

(4) In the event of a cancellation, the customer must bear the direct costs of the return in addition to the storage processing fees amounting to 10% of the value of the goods.

 

§ 6 Payment modalities:

(1) The customer can make payment by Bank deposit, credit card, PayPal or in advance. Payment by invoice is currently not possible

 

(2) The customer can change the payment method stored in his user account at any time.

 

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest for the year amounting to 5 percentage points above the base interest rate.

 

(4) The customer's obligation to pay default interest does not exclude the provider from asserting further damages due to default.

 

§ 7 Warranty for material defects, guarantee:

(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.

 

(2) An additional guarantee only exists for the goods delivered by the provider if this was expressly provided in the order confirmation for the respective item.

 

§ 8 Liability:

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

 

(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this damage was caused by simple negligence, unless it concerns claims for damages by the Customer resulting from injury to life, limb or health.

 

(3) The restrictions of paragraphs 1 and 2 shall also apply to the benefit of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

 

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply to the extent that the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

 

(5) Please note that the product images are for illustrative purposes only and that actual tyres supplied may differ. We do not take any responsibility for such differences. The customer is obliged to check the actual images from the manufacturer's website.

 

§ 9 Cancellation policy:

(1) Consumers have a statutory right of revocation when concluding a distance selling transaction, which the provider will inform about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a sample withdrawal form.

 

Cancellation

 

Withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Reifenboss.com) of your decision to withdraw from this contract by means of an unambiguous statement (by e-mail). You can use the attached sample withdrawal form for this, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

 

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, excluding return costs + handling fees, without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless,it has been expressly agreed with you otherwise; under no circumstances will you be charged any fees as a result of this repayment.

We may withhold refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You will be responsible for the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods. 

 

(2) The right of revocation does not apply to contracts for the delivery of tyres or rims that have been used or mounted-dismantled.

 

(3) In accordance with the statutory provisions, the Provider shall provide the following information about the sample revocation form:

 

Sample withdrawal form

 

(If you wish to withdraw from the contract, please fill out this form

and send it back.)

 

— to [here is the name, address and, where applicable, fax number, and

e-mail address of the entrepreneur by the entrepreneur]:

— I/we (*) hereby withdraw from the contract concluded by me/us (*)

for the purchase of the following goods (*)/ the provision of the following services:

Service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if notified on paper)

— Date

(*) Delete as appropriate 

 

§ 10 Final Provisions:

(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer has his habitual residence as a consumer remain unaffected.

 

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.

 

(3) The remaining parts of the contract shall remain binding even in the event of the legal invalidity of individual clauses. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would constitute undue hardship for one of the contracting parties, the contract becomes invalid in its entirety.