General Terms And Conditions
1. The conclusion of the contract and the contract contents
1.1. It exclusively to these terms and conditions apply. The business and shopping terms and conditions of the customer are expressly rejected. Alternative agreements require the Express written consent of the seller.
1.2. Offers of the seller up to the conclusion of the contract, in principle, subject to change and non-binding. The customer is bound to his order for 8 weeks from receipt by the seller. A contract is concluded when the seller has confirmed acceptance in writing within that period or the delivery is running.
1.3. In the interest of further technical development the right is reserved, changes in design and Execution, even after the acceptance of the order, insofar as this is reasonable for the customer.
At the time the contract is made valid price lists. Prices are plus VAT and ex-works. the respective valid statutory value-added tax..
3. Payment / Default
3.1. Payments are to be made within 30 days net. In the case of foreign transactions, and first-time deliveries, the seller is entitled to demand advance payment, or to deliver cash on delivery.
3.2. Payment orders, cheques and bills of exchange will only be accepted after special agreement and the payment in lieu of all Collection and discount charges. Payments shall apply in the case of instructions with the credit on the account, in the case of cheques and bills with the bill as is.
3.3. In the case of payment default, interest at the rate of 5 % p. a. above the respective base interest rate of the European Central Bank, plus the statutory value-added tax. They are higher or lower, if the seller can prove a higher or the customer to a lower load.
3.4. The customer is in arrears with a payment, all further claims of the seller, immediately due and payable. Furthermore, it may be required for deliveries not rendered payment in advance.
3.5. The seller is entitled, despite any provisions of the customer payments on its older debts. If costs and interest have already been incurred, the seller is entitled to the payment against the costs, then the interest and finally against the principal claim.
3.6. Against the claims of the seller, the customer may set off only if the counter-claim of the customer is undisputed or legally binding. Have the right of retention of the customer is only insofar as the fronting claims from the same contractual relationship.
4.1. Delivery dates are stated in writing.
4.2. The customer can put the seller in the event of default in writing a reasonable period of grace with the threat of rejection. After the expiration of the grace period, the customer is entitled, in writing to withdraw from the contract or to claim damages for non-performance. The customer is a legal Person of public Law, a public law special assets, or by a merchant, the contract part of the operation of his business, he has to claim for damages only in cases of intent or gross negligence on the part of the seller.
4.3. Force majeure, riot, strike, lockout, and involuntary significant disruptions to change the above dates and deadlines for the duration of the resulting impairment of performance.
4.4. Information in the case of the conclusion of the contract and valid descriptions of the contract the contract’s content; they are not guaranteed characteristics, but rather to serve as a benchmark for determining the accuracy of the object of the contract pursuant to art. Section 6.
4.5. The seller is entitled to make partial deliveries.
5. Passing Of Risk, Shipment
5.1. The customer is a merchant, isn’t a part of driving in § 4 of the commercial code, to be referred to a trader, a legal entity of public Law or a public-law special Fund, the place of performance is the registered office of the seller. In other cases, the customer is entitled, within 8 days after receipt of a notice of availability
of the object of the contract on the agreed drop-off location to check and obliged, within this period
the subject of the contract to take off.
5.2. The contract is delivered at the request of the customer at a place other than the seat of the seller, the risk passes upon Delivery to the transport company and Leaving the warehouse of the seller. The conclusion of Transport or other insurance is left to the customer.
5.3. The customer remains with the decline for longer than 14 days from the receipt of the delivery notification intentionally or due to gross negligence in the residue, the seller may, in writing, a 14-day grace period with the threat of rejection explain. After the expiration of the grace period, the seller is entitled, in writing to withdraw from the contract or to claim damages for non-performance. The setting of a grace period is not required if the customer refuses to seriously and permanently, or is clearly within this period of time for payment of the contract price isn’t able.
5.4. If the seller demands compensation, so this is 25% of the contract price. The amount of Damage is higher or lower, if the seller can prove a higher or the customer a lower damage. The seller of the Right referred to in paragraph 5.3 of power. and 5.4. no use, he may have over the subject matter of the contract-free and in its place a similar Treaty subject to the terms of the contract provide.
6.1. The seller warrants that the goods are free of defects according to the state of the art for the type of the subject matter of the contract. Complaints about defects, incorrect deliveries and/or quantity discrepancies must be made to the seller immediately in the case of obvious defects, but no later than within 5 days of receipt of the goods.
Defects that cannot be discovered within this period even with careful inspection must be reported to the seller immediately after discovery, but no later than 3 months after receipt of the delivery.
6.2. Claims for material defects must be reported in writing. For this purpose, the seller’s complaint protocol must be consulted and filled out in full. If the seller is not given the opportunity for supplementary performance, the seller is released from liability for material defects.
6.3. Claims by the buyer due to material defects become time-barred two years after delivery of the item, unless otherwise regulated in individual cases.
6.4. In the case of a new delivery, the buyer is obliged to return the purchased item in accordance with the provisions on withdrawal. A usage fee is required. However, if the matter has deteriorated significantly, the buyer cannot return the purchased item. In this respect, he has to pay compensation for the deterioration according to § 346 Para. 2 No. 3 BGB.
6.5 In the event of an unjustified notice of defects, the seller is entitled to demand reimbursement of the additional expenses incurred by the buyer.
6.6. The seller has the right to supplementary performance. The customer must assert the claims against the seller. The object of the contract that has been the subject of a complaint must be sent to the seller immediately, if possible in the original packaging, stating the complaint. Subsequent performances are carried out according to the technical requirements by replacing or repairing defective parts. Replaced parts become the property of the seller. If the error cannot be remedied or if the seller cannot deliver a replacement, the customer can instead demand a price reduction or withdraw from the contract.
6.7. Warranty obligations do not exist if the defect that has occurred is causally related to the fact that the customer did not report a defect in good time and did not give the opportunity for subsequent performance without delay, the subject matter of the contract was treated improperly or overused, the seller’s operating or maintenance instructions were not followed or the subject of the contract has previously been repaired or maintained in a company other than that of the seller or parts have been installed in the subject of the contract whose use the seller has not approved or the subject of the contract has been modified by the customer or third parties in any other way not approved by the seller. Natural wear and tear is excluded from the warranty.
6.8. Warranty obligations also do not exist for defects that are due to negligent or improper handling by the consumer or a third party. This includes curb damage, stone chip damage and damage caused by third parties. The deformation caused by curb damage and the like can cause surface warping. This means that the clear coat can lose tension and permeability. The result is paint detachment, corrosion and oxidation, which is not due to a quality defect. The seller is not obliged to rectify the damage that is obviously due to improper use and thus to the fault of the buyer.
6.9. Warranty claims against the seller are only available to the direct customer and are not assignable.
6.10. In the event of improper care, we assume no guarantee, warranty or claims for damages! Depending on use, the rims should be cleaned once a week with lukewarm water and PH-neutral cleaning agents and a microfibre cloth or a soft sponge.
6.11. If the claim for liability for material defects is rejected, we will return the goods complained about with the freight costs incurred to the customer.
7. Retention of Title
7.1. Objects of the contract remain the property of the seller until the seller’s claim based on the contract has been settled. The retention of title also applies to all claims that the seller subsequently acquires against the customer in connection with the subject matter of the contract.
7.2. If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract is part of the operation of his trade, the retention of title also applies to all other claims of the seller from the ongoing business relationship with the customer.
7.3. The customer is entitled to resell or process the reserved goods in the ordinary course of business against immediate payment or subject to retention of title.
7.4. As long as the retention of title exists, pledging, transfer by way of security, leasing or other transfer of the contractual object affecting the security of the seller is only permitted with the prior written consent of the seller. The customer keeps the item free of charge for the seller.
7.5. The customer assigns his claim against the third-party debtor from the resale or processing of the reserved item with all ancillary rights up to the amount of the invoice with the authority to collect the claim to the seller as a precaution. The seller already accepts the assignment. If the value of this security exceeds the amount of the seller’s claim by more than 20%, the seller will release the security at the request of the customer. Until revoked, the customer is entitled to collect the claims assigned to the seller in trust and for the account of the seller. The collected proceeds are due to the seller and are to be delivered to them. At the request of the seller, the customer is obliged.
7.6. The customer must inform the seller immediately about access to the reserved goods and any impairment of his rights by third parties and support the seller in every way in the intervention. The customer bears the costs of the measures taken to preserve or secure the seller’s property.
7.7. Taking back or pledging the goods subject to retention of title by the seller does not constitute a withdrawal from the contract.
8.1. If the customer is not a merchant or if the contract is not part of the operation of his trade, the seller’s liability is excluded for damages that are based on a breach of contract committed with ordinary negligence by the seller himself, his legal representative or his vicarious agent. This exclusion of liability does not apply if the contractual obligation is an essential contractual obligation.
8.2. Otherwise, liability is limited to the foreseeable average damage that is typical for the contract; as such, at most the amount of the payment for the specific delivery or service applies.
8.3. If the customer is a merchant or if the contract is part of the operation of his trade, the seller is exclusively liable
– in the full amount in the event of his own gross negligence, gross negligence on the part of the legal representatives or executives;
– in principle in the case of any culpable breach of essential contractual obligations and, apart from this, in the case of gross negligence on the part of a simple vicarious agent. In these cases, the liability according to 8.2. limited.
8.4. These limitations of liability apply to all damages, in particular to those resulting from the breach of pre-contractual obligations, duties to advise and from positive breach of contract as well as for damages in the event of repair or replacement delivery.
8.5. The warranty rights according to clause 6 remain unaffected. Claims due to delay in delivery are conclusively regulated in Section 4.
9. Cancellation policy
9.1. Right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured, assembled or adapted according to customer specifications. This applies in particular to complete wheels (rims with ready-mounted and balanced tyres) as well as specially made rims with desired colors or shapes.
Consequences of revocation
If you revoke this contract, we will charge you 15% restocking costs plus any freight costs incurred when you pick up the goods. Used goods (e.g. with traces of assembly) and defective goods are completely excluded from return.
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or – if the item is left to you before the deadline – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
BERLIN TIRES Europa GmbH
Holzhauser Str. 182
Phone: +49 (0) 30 – 62 93 80 20
Fax: +49 (0) 30 – 62 93 80 299
E-Mail: [email protected]
9.2. Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt. if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you have not yet paid the consideration or a contractually agreed partial payment at the time of the cancellation if the price of the item is higher. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt. if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you have not yet paid the consideration or a contractually agreed partial payment at the time of the cancellation if the price of the item is higher. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.
Until the goods are shipped, the seller can withdraw from the contract if the customer behaves in breach of contract to a not inconsiderable extent or if his financial situation deteriorates significantly.
11. Jurisdiction, Applicable Law
11.1. The place of jurisdiction is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany or has moved his domicile or habitual place of residence outside the scope of the Code of Civil Procedure or his domicile or habitual place of residence at the time is not known at the time the complaint is filed. The legally regulated place of jurisdiction for the initiation of dunning proceedings remains unaffected.
11.2. It is basically the law of the Federal Republic of Germany. The application of UN sales law (convention of April 11, 1980) is expressly excluded.
12. Final Provisions
12.1. The seller is entitled to process the data received about the customer in relation to the business relationship or in connection with this within the meaning of the Federal Data Protection Act.
12.2. Should individual points of these conditions be ineffective, this does not affect the effectiveness of the remaining provisions. The invalid provision shall be replaced by the valid provision which comes closest to the ineffective provision in terms of its economic effects.
Berlin, October 29, 2019
BERLIN TIRES Europa GmbH
Holzhauser Str. 182