Standard
Business Terms and customer information
I.
Standard business terms
§
1
Basic
provisions
(1)
The
following business terms are applicable to all the contracts, which
you conclude with us as a supplier (Frank Stuiber) via the
orange-tuning.de website. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2)
A
‘consumer’ in the sense of the following regulations is
every natural person who concludes a legal transaction which, to an
overwhelming extent, cannot be attributed to either his commercial or
independent professional activities. The term ‘businessman’
refers to every natural person, legal person or legally responsible
partnership that concludes a legal transaction in pursuance of
his/its independent professional or commercial activity.
§
2
Conclusion
of the contract
(1)
The
subject-matter of the contract is the selling of products.
(2)
Our
offers on the website are non-binding and are not a binding offer to
conclude a contract.
(3)
You
can use the online shopping cart system to place a binding offer of
purchase (order). Here, the goods meant for purchase are stored in
the ‘Shopping cart’. You can use the respective button in
the navigation bar to call up the “shopping cart” and
make changes at any time. After the ‘check-out’ page has
been called up and the respective personal data and payment and
shipping conditions have been entered, all the order data is
displayed again on the order overview page. Before the order is sent,
you can re-check all the data, change it (which can also be done via
the internet browser’s ‘back’ function) or cancel
the purchase transaction. When
the order is placed using the “purchase” button, you are
considered to have made a binding offer to us.
You
then receive an automatically-generated email regarding the receipt
of your order. This email does not yet lead to the conclusion of a
contract.
(4)
The
acceptance of the offer (and with it, the conclusion of the contract)
takes place within a period of 2 days via a textual confirmation
(e.g. email) in which you receive confirmation (order
acknowledgement) regarding the execution of the order or the delivery
of the products in question. If
you have not received any corresponding message within this deadline,
you are no longer considered to be bound to your order. Under such
circumstances, any services that have already been provided are
restored without undue delay.
(5)
You
are not bound by your enquiries regarding the creation of an offer
that have been conveyed to us. We supply you with a textual and
binding offer (e.g. via e-mail), which you can accept within a period
of 5 days.
(6)
The
execution of the order and the sending of all the details
necessitated by the conclusion of the contract take place via e-mail,
in a partially-automated manner. Consequently, you have to ensure
that the e-mail address that you have deposited with us is the
correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective
e-mails are not blocked by a SPAM filter.
§
3
Right
of retention, reservation of proprietary rights
(1)
You
can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.
(2)
The
goods remain our property until the purchase price is paid in
full.
(3)
If
you are a businessman, the following conditions also apply:
a)
We retain ownership of the goods until all the claims arising from
the ongoing business relationship have been settled in full. The
goods subject to retention of title may not be pledged or transferred
by way of security before ownership of the said goods changes
hands.
b) You can re-sell the goods within the framework of an
orderly transaction. In this regard, you hereby cede all the claims
amounting to the magnitude of the billing amount that accrue to you
as a result of the re-selling operation to us, and we accept the
cession. Furthermore, you are authorised to collect the claim in
question. However, insofar as you do not discharge your payment
obligations in an orderly fashion, we reserve the right to collect
the claim ourselves.
c) In a situation involving the
combination and amalgamation of the goods subject to retention of
title, we acquire co-ownership of the newly-formed item. This
co-ownership corresponds to the ratio that exists between the invoice
value of the goods subject to retention of title and the other
processed items at the time of processing.
d) If you make a
request of this nature, we shall be obligated to release the
securities that are due to us, to the extent that the realisable
value of our securities exceeds the claim to be secured by more than
10%. We are responsible for selecting the securities to be
released.
§
4
Warranty
(1)
The
statutory warranty rights are applicable.
(2)
If
you are a businessman, the following shall apply, despite the
contents of paragraph 1:
a) It is understood that the details
provided by us and the product description provided by the
manufacturer are the only things that represent the properties and
condition of the product in question. Other advertisements, blurbs
and statements issued by the manufacturer are not considered to be
representative of the properties and condition of the said
product.
b) You are obligated to exercise due diligence while
promptly checking the goods for qualitative and quantitative
deviations, and to inform us in writing of apparent defects within a
period of 7 days after receipt of the goods. The term limit shall be
considered to have been complied with if a timely dispatch was
executed. This also applies to hidden defects that are detected at a
later stage (from the time of discovery onwards). Warranty claims
cannot be raised if the obligation to inspect and the obligation to
give notice of defects are not fulfilled.
c) In case of
defects, we provide guarantee through repair or replacement at our
own discretion. If the defect is not removed, you can demand a
reduction in the price or withdraw from the contract at your
discretion. The defect removal is applicable after a failed second
attempt, unless the circumstances prove otherwise, in particular due
to the nature of the object and/or defect or other conditions. In
case of repair, we must not bear the additional costs, which arise
from the transfer of the item to a place other than the place of
fulfilment, as far as the transfer does not correspond to the
intended use of the item.
d) The warranty period amounts to a
period of one year after delivery of the product. The shortened
warranty period does not apply in situations involving culpably
caused damages that can be attributed to us and which are associated
with loss of life, injuries or health-related damages. Furthermore,
it does not apply in situations involving damages suffered as a
result of gross negligence or malicious intent, or in situations
involving deceit or contribution claims as per §§ 478 and
479 of the BGB (German Civil Code).
§
5
Liability
(1)
We
also provide unlimited liability for damage caused due to the
violation of life, limb or health. Furthermore, we provide liability
without limitation in all cases of intent and gross negligence, if a
defect is fraudulently concealed, in case of assumption of guarantee
for the procurement of the object of purchase and in all other
legally regulated cases.
(2)
The
liability of defects within the scope of the implied warranty
complies with the corresponding regulation in our customer
information (Part II) and
General Terms and Conditions (Part I).
(3)
If
the situation in question relates to important contractual
obligations and involves minor negligence, our liability is limited
to the foreseeable damages that are typical for the contract. The
term ‘important contractual obligations’ refers to
important obligations that follow from the nature of the contract and
whose violation would jeopardise the fulfilment of the purpose of the
contract. It also covers obligations that the contents of the
contract impose on us in order to facilitate the fulfilment of the
purpose of the contract and whose fulfilment makes it possible for
the contract to be executed in an orderly manner, and compliance with
which may regularly be taken for granted by you.
(4)
When
it comes to the violation of inessential contractual obligations, no
liability shall be assumed if the situation in question involves
violations of obligations associated with light negligence.
(5)
The
current state of the respective technology makes it impossible to
guarantee that data transmission operations that use the internet
will take place in an error-free manner characterised by permanent
availability. In this respect, we cannot vouch for the constant and
uninterrupted availability of the website and the service offered on
the website.
§
6
Choice
of law, place of fulfilment, jurisdiction
(1)
German
law shall apply. This choice of law only applies to customers if it
does not result in the revocation of the protection guaranteed by the
mandatory provisions of the law of the country in which the
respective customer’s usual place of residence is located
(benefit-of-the-doubt principle).
(2)
If
you are not a consumer, but a businessman, a legal entity under
public law or an institutional fund governed by public law, our place
of business is the place of jurisdiction as well as the place of
fulfilment for all services that follow from the business
relationships that exist with us. The same condition applies to
situations in which you are not associated with a general place of
jurisdiction in Germany or the EU, as well as situations in which the
place of residence or the usual place of residence is not known at
the time of commencement of proceedings. This has no bearing on the
capacity to call upon the court associated with another place of
jurisdiction.
(3)
The
provisions of the UN Convention on Contracts for the International
Sale of Goods are explicitly
inapplicable.
_______________________________________________________________________________________
II.
Customer information
1.
Identity of the seller
Frank
Stuiber Wiesenstr. 18 91126 Schwabach Deutschland Telephone:
09122 8885375 E-Mail: info@orange-tuning.de
The
european online dispute resolution platform ("ODR platform")
will be accessible via the "Your Europe portal"
(http://europa.eu/youreurope/citizens/index_en.htm)
after the release by the European Commission.
2.
Information regarding the conclusion of the contract
The
technical steps associated with the conclusion of the contract, the
contract conclusion itself and the correction options are executed in
accordance with § 2 of our standard business terms (part
I.).
3.
Contractual language, saving the text of the contract
3.1
Contract language shall be English.
3.2 The complete text of
the contract is not saved with us. Before the order is sent, via the
online - shopping cart system the contract data can be printed out or
electronically saved using the browser’s print function. After
the order is received by us, the order data, the legally-mandated
details related to distance selling contracts and the standard
business terms are re-sent to you via e-mail.
3.3 When it
comes to enquiries that lie outside the context of the online
shopping cart system, you receive all the contract data lying within
the framework of a binding offer in an e-mail, which you can print
out or save electronically.
4.
Main features of the product or service
The
main features of the product and/or service can be found in the
product description and the supplementary details appearing on our
website.
5.
Prices and payment arrangements
5.1
The prices mentioned in the respective offers represent total prices,
as do the shipping costs. They include all the price components,
including all the incidental taxes.
5.2 The dispatch costs
that are incurred are not included in the purchase price. They can be
called up via the relevant button on our website or in the relevant
item description, are separately specified during the ordering
process and must be borne by you separately, unless a free delivery
has been agreed upon.
5.3 The payment methods that are
available to you are specified under a correspondingly-named
button on our website, or in the respective product description.
5.4
Unless otherwise specified for the respective payment methods, the
payment claims arising from the contract that has been concluded
become payable immediately.
6.
Delivery conditions
6.1
The delivery conditions, the delivery date and any potential delivery
restrictions can be found under a correspondingly-named button on our
website, or in the respective product description.
6.2 If you
are a consumer, the following is statutorily regulated: The risk of
the sold item accidentally being destroyed or degraded during
shipping only passes over to you when the item in question is
delivered, regardless of whether or not the shipping operation is
insured. This condition does not apply if you have independently
commissioned a transport company that has not been specified by us or
a person who has otherwise been appointed to execute the shipping
operation.
If you are a businessman, the delivery and shipping
operations take place at your own risk.
7.
Statutory warranty right
7.1
The liability for defects associated with our goods is geared towards
the ‘Warranty’ provision in our standard business terms
(part I).
7.2 As a user, you are requested to promptly check
the product for completeness, visible defects and transport damage as
soon as it is delivered, and promptly disclose your complaints to us
and the shipping company in writing.Even if you do not comply with
this request, it shall have no effect on your legal warranty
claims.
These SBTs and customer details were created by the
lawyers specialising in IT law who work for the Händlerbund, and
are constantly checked for legal conformity. Händlerbund
Management AG guarantees the legal security of the texts and assumes
liability in case warnings are issued. More detailed information can
be found on the following website:
http://www.haendlerbund.de/agb-service.
06.01.2016
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