General Terms and Conditions
§ 1
The following provisions apply to the contractual relationship between orange-tuning and the customer. Diverging terms and conditions of the customer do not apply.
§ 2 German Law
The contractual relationship is governed by German law.
§ 3 Defects of Quality
The description of the merchandise on the Internet does not constitute an agreement on the condition of the goods; it is only a description of the intended use.
§ 4 Prices
The stipulated price includes the statutory value-added tax. The costs for packing, shipping and insurance will be charged separately. The amount of these costs can be found in the “Shipping and payment” section of the orange-tuning website.
§ 5 Payment
The purchase price shall be paid by the customer in cash, cash before delivery, direct debit or credit card.
§ 6 Delivery
The orange-tuning company fulfills its obligations from the contract by dispatch of the merchandise from the warehouse to the delivery address specified by the customer.
If, despite timely planning and for reasons beyond the control of the orange-tuning company, orange-tuning cannot supply the merchandise within a reasonable period, orange-tuning is entitled to supply a product of equivalent quality in place of the ordered merchandise. The orange-tuning company also has the option of canceling the contract. The company shall then notify the customer immediately of the unavailability and in case of cancellation shall reimburse the customer for any payments already made.
The orange-tuning company shall not be liable for damages resulting from delayed delivery, if the latter is not intentional or due to gross negligence.
§ 7 Cancellation by Customer
If the customer makes use of any statutory right to cancel the contract, then he shall bear the costs for returning the merchandise if the price does not exceed € 40.00. If the price is more than € 40.00, the customer shall return the merchandise to orange-tuning by means of the least expensive means of transport available to him under reasonable circumstances. In any case, the customer shall repackage the merchandise together with the original packaging and return it to orange-tuning.
§ 8 Ownership
The merchandise remains the property of orange-tuning until full payment of the purchase price.
§ 9 Transport Damage
If the merchandise is delivered with obvious damage to the packaging or its contents, then the customer shall immediately make an objection to the shipping company and refuse delivery. In addition, he shall notify orange-tuning immediately of this circumstance.
If the customer does not comply with this duty to inform within two weeks of delivery of the merchandise, then he is not entitled to compensation for damages from orange-tuning due to the obvious defects.
§ 10 Warranty
If the customer is a businessman and the contract with orange-tuning is concluded for his business, then the statute of limitations on claims due to defective merchandise is 1 year from receipt of the merchandise.
§ 11 Liability
The orange-tuning company shall not be liable for damages resulting from neglect of duties based on ordinary negligence. This exclusion of liability does not apply to damage to the customer’s life, limb and health.
§ 12 Setoff
The customer is not entitled to setoff claims unless they have already been settled in court.
The customer is not entitled to counter a demand for payment with a right of lien, unless it is from the same contractual relationship.
§ 13 Data
All customer data is recorded, processed, used and forwarded to commissioned partners only insofar as necessary for executing the purchase contract and maintaining the business relationship.
§ 14 Miscellaneous
If one or more of the above provisions should prove to be invalid, this will not affect the validity of the contract as a whole. The invalid provision shall be replaced by an applicable legally valid provision.
§ 15 Place of Jurisdiction
The sole place of jurisdiction for all claims arising from this contract is Nuremberg.
|