Page 438 - Rieger Tuning Catalog English

SERVICE AGBs

GENERAL TERMS AND CONDITIONS OF BUSINESS (TERMS AND CONDITIONS)
of Rieger KFZ-Kunststoffteile, Design und Tuning GmbH

§1 Validity and definitions §8 Right of cancellation of the customer as a consumer:
(1) The following Terms and Conditions apply to all business relations between us and the customer in the version valid Right of cancellation for consumers
at the time of the order. Consumers have a right of cancellation on the following terms, whereby a consumer is any natural person who enters
(2) “Consumer” is any natural person who enters into a legal transaction for purposes other than those considered to be into a legal transaction for purposes other than those considered to be mainly his or her commercial activities or self-
mainly his/her commercial activities or self-employed occupation (Section 13 of the German Civil Code [BGB]). employed occupation:
(3) “Entrepreneurs” as defined by these Terms and Conditions are natural persons or legal entities or partnerships with
legal capacity that enter into a business relationship with us while pursuing their Instructions on cancellation
commercial activities or self-employed occupation (Section 14 BGB). Where entrepreneurs are not operating in pursuit
of their commercial activities or self-employed occupation, they are also entitled to certain rights as consumers. They Right of cancellation
shall be considered consumers within the meaning of these Terms and Conditions. You have the right to cancel this contract within fourteen days without giving reasons.
(4) “Customers” as defined by these Terms and Conditions are both consumers and entrepreneurs. a) In the case of a purchase contract for a single product or several products as a single order and the product/products
(5) No deviating, contradictory or supplementary general terms and conditions of entrepreneurs, even where known, is/are delivered together:
shall form part of the contract, unless expressly agreed in writing. The cancellation period is fourteen days from the date on which you or a third party appointed by you who is not the
carrier took possession of the goods.
§2 Materialisation of a contract, storage of the text of the contract
(1) The following provisions on conclusion of contract apply to orders placed through our catalogues and other printed b) In the case of a contract for several products which you ordered in a single order and which are delivered separately:
matter. The cancellation period is fourteen days from the date on which you or a third party appointed by you who is not the
(2) In the event of conclusion of contract, the contract materialises with carrier took possession of the goods.
Rieger Kfz-Kunststoffteile, Design und Tuning GmbH c) In the event of a contract for the delivery of a product in several partial consignments or pieces:
legally represented by the managing director: Anton Rieger The cancellation period is fourteen days from the date on which you or a third party appointed by you who is not the
Weilbergstrasse 16 carrier took possession of the last partial consignment or the last piece.
D 84307 Eggenfelden
Commercial register no.: HRB 2673 To exercise your right of cancellation you must inform us
Commercial register court: Landshut RIEGER Kfz-Kunststoffteile, Design und Tuning GmbH, Weilbergstrasse 16, D 84307 Eggenfelden,
Fax: 08721 – 9619 – 30, Phone 08721 - 9619 -0, E-mail: info@rieger-tuning.de
(3) The presentation of goods in our catalogue and in our other printed matter is not a legally binding offer to enter into of your decision to cancel this contract by means of an unambiguous declaration (e.g. letter sent by post, fax or email).
a contract on our part, it is merely a non-binding invitation to the customer to order goods. By placing an order for the You may use the enclosed specimen cancellation form for this purpose which, however, is not obligatory.
desired goods, the customer submits an offer to conclude a purchase contract which is binding on him/her. For observance of the cancellation period, it suffices if you dispatch the notification about the exercise of your right of
(4) Catalogues and printed matter: In case of orders placed through our catalogues and other printed matter, we are cancellation before the end of the cancellation period.
entitled to accept the customer’s offer contained in the order to conclude a contract in writing or in text form or by
sending the ordered goods within one week. After the expiry in vain of the period named in sentence 1, the offer shall Consequences of cancellation
be considered rejected. The taking of orders placed by telephone shall not be considered binding acceptance of the If you cancel this contract, we must reimburse all payments that we have received from you including the delivery costs
customer’s offer on our part. (except for additional costs arising from the fact that you selected a type of delivery other than the cheapest standard
delivery offered by us) without delay and at the latest within fourteen days from the date on which we receive the notifi-
§3 Prices, delivery costs, payment, due dates cation about your cancellation of this contract. For this reimbursement, we shall use the same method of payment that
(1) The prices stated contain the applicable rate of value-added tax and other price components. Any delivery costs and, you used for the original transaction, unless expressly otherwise agreed with you; under no circumstances will you be
where applicable, the costs of cash on delivery are added to prices. debited any charges on account of this reimbursement. We can refuse reimbursement until we have received the goods
(2) We inform the customer in the catalogue of the specific payment options available. The customer shall independent- back again or until you have furnished proof that you returned the goods, whichever the earlier.
ly select the preferred method of payment from the payment methods available. You must send back or hand back the goods to us without delay and at all events within fourteen days from the date on
(3) If the customer selects payment in advance, he/she undertakes to pay the purchase price immediately after conclu- which you notify us of the cancellation of this contract at the latest. This period is considered observed if you dispatch
sion of contract. In the case of payment by credit card, his/her account is debited one day after dispatch of the goods. the goods before the end of the fourteen-day period.
Insofar as we deliver cash on delivery, the purchase price is due upon receipt of the goods. You bear the costs of the return of goods suitable for dispatch by parcel post. In the case of goods which cannot be
(4) During default, the entrepreneur shall pay interest at 8% above the base interest rate on the money owed. We reserve returned normally by post on account of their nature, you shall bear the direct costs of returning the goods. The costs
the right vis-à-vis the entrepreneur to furnish proof of and claim higher damage caused by default interest. are estimated at around EUR 50 at the maximum.
(5) The entrepreneur has a right to offset counterclaims only if these are uncontested or have been declared legally valid
by a court of law. You shall only be required to pay for any diminished value of goods if this diminished value is attributable to handling the
goods other than what is necessary to ascertain the nature, quality and functioning of the goods.
§4 Delivery, transfer of the risk
(1) Unless clearly stated otherwise in the product description, all articles offered by us are available for immediate dis- Exclusion or premature expiry of the right of cancellation
patch. Delivery is effected in this case within 1 to 5 weeks. In the case of payment in advance, the delivery period always
begins to run on the day after payment instructions were given to the bank entrusted with the transfer and for all other There is no right of cancellation for contracts
payment methods on the day after conclusion of contract. If the end of the period falls on a Saturday, Sunday or public
holiday at the place of delivery, the period shall end on the next workday. • for the delivery of goods that are not prefabricated and for the production of which an individual selection or determi-
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item, including mail nation by the consumer is relevant or which are clearly tailored to the personal needs of the consumer;
order items, shall be transferred to the customer only upon the transfer of goods to the customer.
(3) If the customer is an entrepreneur, the risks and dangers of the consignment are transferred as soon as we have • for the delivery of newspapers, journals and magazines except for contracts for subscriptions.
handed over the goods to the commissioned logistics cooperation partner.
(4) If the customer is an entrepreneur, we reserve the right, in the case where we cannot comply with a delivery period The right of cancellation shall expire prematurely in the case of contracts
for reasons beyond our control, to determine a new suitable delivery period, after immediately informing the customer.
If the ordered article is still not available within this new delivery period, we are entitled to withdraw from the contract in • for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
the case of entrepreneurs. We will immediately repay any consideration already received.
• for the delivery of audio or video recordings or computer software in sealed packaging if the sealed packaging was
§5 Reservation of title removed after delivery.
(1) If the customer is a consumer, we reserve title to the goods until payment in full of the purchase price.
(2) If the customer is an entrepreneur, we reserve title to the goods until complete settlement of all receivables due End of the instructions on cancellation
under a current business relationship. If the value of the reserved goods exceeds the receivables to be secured under the
current business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, it is entitled to resell the goods in the ordinary course of business. It hereby §9 Code of conduct
assigns to us all receivables at the amount of the invoice which accrue to it vis-à-vis the third party as a result of the We are not subject to any code of conduct.
resale. We accept the assignment. After the assignment the entrepreneur is authorised to collect the receivables. We
reserve the right to collect the receivables ourselves as soon as the entrepreneur fails to meet its payment obligations §10 Language of the contract, choice of law and place of jurisdiction
in due form and falls into arrears with payments. The entrepreneur shall always process the goods in our name and on (1) German is available as the contract language exclusively.
our behalf. If the entrepreneur processed the goods, we shall acquire co-ownership of the new item in proportion to the (2) The law of the Federal Republic of Germany applies excluding the UN Sales Convention. In the case of consumers
value of the goods delivered by us. The same applies if the goods are processed or mixed by entrepreneurs with other who do not conclude the contract for professional or commercial purposes, this choice of law shall apply only to the
objects not belonging to us. extent that the consumer is not deprived of the protection afforded by mandatory provisions of the law of the country in
which the consumer has his/her habitual place of abode.
§6 Warranty (3) If the customer is a businessperson, a legal entity under public law or a special fund under public law, the exclusive
(1) In the case of consumers, the statutory warranty regulations apply. place of jurisdiction for all disputes arising under this contract is our registered office.
(2) Notwithstanding this, in the case of consumers, warranty claims become time-barred for used items one year after
delivery of the goods. The shortening of the limitation period shall not apply to warranty claims which seek damages § 11 After-sales service
and are based on gross negligence or intent or a breach of essential contractual obligations. Essential contractual obli- Our after-sales service is available for any questions, complaints and objections
gations are those, the fulfilment of which make the proper implementation of the contract possible at all and compliance on workdays from 8 a.m. to 5 p.m. under
with which the purchaser may usually rely upon. Telephone 08721 - 9619 -0
(3) In the case of consumers claims for damages based on injury to life, body or health or based on the Product Liability Fax: 08721 – 9619 – 30
Act shall also remain unaffected. The same applies to breaches of obligations by our vicarious agents. E-mail: info@rieger-tuning.de
(4) In the case of entrepreneurs, warranty claims which do not seek damages become time-barred one year after
delivery of the goods. This is without prejudice to the statutory limitation periods for recourse claims of the entrepreneur §12 Safeguarding clause
pursuant to Section 478 of the German Civil Code. Should one or more provisions of these Terms and Conditions be or become invalid or unenforceable, this shall not
(5) For the purposes of these Terms and Conditions, entrepreneurs must immediately examine the goods for deviations affect the remaining provisions, unless as a result of the omission of individual clauses a contracting party suffers a
in quality and quantity and notify us in writing of any obvious defects within a period of one week of receipt of the goods. disadvantage to such an unacceptable extent that it can no longer be reasonably expected to adhere to the contract.
If the entrepreneur fails to do this, the assertion of any warranty is excluded. Entrepreneurs shall notify us in writing of
any hidden defects within a period of one week of discovery. The timely dispatch of the notification of the defect suffices
for observance of the period. The entrepreneur bears the full burden of proof for all prerequisites for claims, particularly Last revised: 10.03.2015
for the defect itself, for the time when the defect is discovered and for the timeliness of the notification of the defect.
§7 Limitation of liability
We exclude liability for damage caused by simple negligence, unless this is a result of a breach of essential contractual
obligations, the fulfilment of which renders proper implementation of the contract possible at all and compliance with
which the contracting party may usually rely upon and unless this involves guarantees concerning the quality of the
purchased item, damage based on death, physical injury or an impairment of health or claims based on the Product
Liability Act.
The same applies to breaches of obligation by our vicarious agents.
In case of any breach of essential contractual obligations, liability in cases of simple negligence is limited to damage
which the contract typically involves and which is foreseeable.
www.rieger-tuning.de