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general business conditions

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General business conditions 1 TG

§ 1 general - coverage

1. the following general business conditions are applicable to all business relationships between us and a customer.

2. consumer in the sense of these business conditions is natural people, with which is kicked in business relationship, without an industrial or independent vocational activity being able to class as belonging to this.

Entrepreneurs in the sense of these business conditions are natural or legal people or right-capable persons companies, with which is kicked in business relationship and trades them/her/it in exercise of her/its/their industrial or independent vocational activity.

Consumers are customer in the sense of these business conditions exclusively. To businesses, deviant conditions are applicable.

3. the setting valid at the time of the contract end is decisive in each case.

4. our offer directs for itself exclusively at customers with residential or business seat in the European union.

§ 2 contract end

1. the conditions for our merchandise are subject to change and not binding. Our representation of merchandise in the internet doesn't represent any offer but, to order a not binding invitation to the customers. Technical as well as other alterations of form, color or weight remain in the framework of the reasonable reservation.

2. with the order, the customer explains the wished ware binding is contract offer.

We will confirm the access of the customer's order instantaneously. The access confirmation doesn't still represent any binding assumption of the order. The access confirmation represents an assumption explanation only when we explain this expressly.

The receipt of a telephonic order doesn't represent any binding assumption unsererseits.

3. we are justifiable, that to accept lying contract offer in the order within two weeks. With on electronic way of ordered ware is we justifiable to assume the order after entrance with us within three working days.

We are justifiable, the assumption of the order-approximately after examination of the customer's Bonität-, to reject.

We are justifiable to limit the order to a haushaltsübliche quantity.

4. the contract end takes place under the reservation, in the case not right or not proper self supply, to achieve, not or only partially. This is applicable only to the case that the non-delivery is to be not represented from us.

In the case of the non-availability or the only partial availability of the ware, the customer is informed instantaneously. The return is reimbursed instantaneously.

§ 3 retraction and return right

1. the consumer has the right to revoke his will explanation directional at the conclusion of the contract after entrance of the ware within two weeks. The retraction doesn't need to contain any reason and is to be explained in text form or through return of the ware opposite the salesperson; to the period maintenance, the timely dispatch suffices. The retraction right is impossible with the delivery of merchandise after customer specifications or the Entsiegelung of the ware.

2. the consumer is indebted with exercise of the retraction right to the return if the ware can be sent by package. The consumer carries the costs of the return with exercise of the retraction right, unless, the delivered ware doesn't correspond to the ordered ware.

3. the consumer has Wertersatz to achieve for a deterioration originated through the due Ingebrauchnahme of the ware. The consumer can test the ware carefully and carefully as this would be possible in the store business. The value loss, that leads through the utilization outgoing over the pure examination, that "again the ware no more than “can be sold, the consumer has to carry. The consumer has to handle the ordered ware carefully in order to avoid the payment of the value substitute in the case of a return.

§ 4 reimbursement

1. the offered price is binding. The legal sales tax is in the price contained. The offered price is applicable to the case of special offers limited at the special action.

At the shipment purchase, the price knows plus shipping costs, that are to be taken the offer.

For the customer, no additional costs occur with order through utilization of the long-distance communication means.

The customer has to do the price for Vorkasse per remittance, VISAS, MasterCard or PayPal, it then become arrange it other payment conditions. We keep the right for ourselves to exclude before individual payment types.

2. the customer commits himself to pay the price at the latest within ten days after receipt of the ware. After course of this period, the customer comes in default.

§ 5 guarantee

It has 1. consumer the election whether the after-fulfillment should take place through update or substitute delivery. We are justifiable, the type the chosen after-fulfillment, to refuse, if she/it is possible only with disproportionate costs and the other type is left for the after-fulfillment without considerable disadvantages to the consumer.

2. if the after-fulfillment goes wrong, the customer can ask reduction of the reimbursement (decrease) or Rückgängigmachung of the contract (resignation) as well as compensation for his/its election in principle. With only insignificant lacks, no resignation right is entitled the customer.

3. customer has to show us obvious lacks of the ware in writing within 2 months after reception; alternatively, the assertion of the guarantee claim is impossible. Updates through the customer or third are impossible and have the going out of all guarantee claims to the consequence. The business instructions of the salesperson or manufacturer are not followed, executed not in time the stipulated service intervals, the vehicle or the article unfachgemäß repairs, performed alterations at the vehicle or the article or not released parts replaced, so every guarantee is discontinued. This also is valid if the lack is to be led back on improper use, montages, storage or handling of the vehicle or the article. A guarantee for business-usual wear is impossible. There is not guarantee for wear parts, external use tracks, with industrial utilization or competition use of the vehicle or article furthermore.

4. for Neuware, the guarantee period amounts to two years from delivery of the ware.

With used matters, the guarantee period amounts to one year from delivery of the ware.

5. we don't hand over any guarantees opposite our customers in the legal sense. Manufacturer guarantees remain from this untouched.

§ 6 data protection

1. in the case of a close of escrow raises and we process put person-referential data for ourselves from the customer to the disposal in our system and use these for the duration of the contract handling, i.e. for the order processing as well as settlement. Person-referential data are account connection all information, on the basis of whose a person can be identified directly or indirectly, residential address, for example name, e-mail address, date of birth, occupation, etc

We give the customer information about his person-referential data stored with us gratuitously.

The customer can request about the correction, closing and stoppage his person-referential datum stored with us anytime.

We give the for this necessary, person-referential data for the purpose and for the duration of the shipment of the ware at the business assigned by us.

2. the rise, processing and utilization of the person-referential data for marketing purposes needs of the customer the consent. The right to anytime-y retraction of the consent with effect is entitled the customer for the future.

§ 7 end regulations

1. it is worth the right of the Federal Republic of Germany. This legal election, in which the consumer has his/its usual stay, is valid with consumers only insofar, as not the granted protection through necessary regulations of the right of the state, who don't complete the contract for vocational or industrial purposes, is withdrawn.

The regulations of the un purchase right don't find any application.

2. the customer is merchant, legal person of the public right or legal special fortune, is exclusive jurisdiction our business seat for all disputes from this contract. The same is valid if the customer doesn't have any general jurisdiction in Germany or is not familiar residence or usual stay in the time of the complaint rise.

3. individual regulations of the contract with the customer including these general business conditions should be whole or partially ineffective or should become, so the validity of the remaining regulations is not touched hereby. This whole or partially ineffective regulation should be replaced with a regulation, whose economic success comes him/it the ineffective as near as possible.

Conditions for Tuningparts
Sale and delivery conditions

We sell and deliver exclusively only to take second place conditions. Vocal agreements are ineffective. Explanations as well as promises are binding only after our written confirmation.
This is valid also in the case of opposing purchase conditions of the buyer. These are suspended by the delivery conditions of the salesperson. The salesperson doesn't acknowledge such conditions even if he/it doesn't disagree extensively with them.

Orders are applicable binding to us entered only after mail delivery and not the day stamp of the delivery post office. Telephonic orders are assumed through the client only after written confirmation, unless, the client wishes an immediate delivery. We are liable in the more final case on no account for faulty -. Less -, or increase delivery, the risk from this order carries in the full scope of the buyers. Don't require a confirmation of order expressly the buyer, so the sent or enclosed bill is regarded as confirmation of order simultaneously. Accessories of all type are delivered incorrectly or not usable on reason of unclear statements of the customer or are delivered, so the customer carries the entire risk. Compensation claims of all type are excluded hereby.

All offers are subject to change. We keep technical alterations as well as price alterations for ourselves before. All deliveries take place from camp on danger of the buyer. As proof of the proper Versandes of the ware, the Vortage of the reception receipt of the respective transportation leader is sufficient. The shipping takes place exclusively against COD or advance cash register, after agreement also on open bill. We keep a partial delivery for ourselves before, implied is, that the partial delivery can be used in the individual one of the buyer. If merchandise should order been not assumed, we calculate zzgl 30 percent of the gross merchandise value as expenditure compensation. accruing freight, package, and warehouse expenses.
A liability for the investigation of the cheapest shipping way is not taken over from us.

Ware, that is available at the camp, ordered been done by us shipping-ready within shortest period. For orders, that don't belong to the continuous camp ware, and we retrieval directly from manufacturer for you transacts, we can send only after delivery possibilities of the individual manufacturer. To the resignation of the contract from non-compliance of the time of delivery, the buyer is only then justifiable if he/it placed the salesperson an appropriate extension of at least 4 weeks in writing.
Claims to compensation because of delayed deliveries are impossible.

The shipping takes place on danger of the recipient. Damaged ware is the transportation business first to be decreased if the damage recorded from this business and became recognized. With non-observance, the buyer has to pay for the from this originating damage even. Transportation-victim ware is to be sent back at us on no account but to make available for the transportation business. For him/it through the conveyance undertakes damage acknowledged, copy of the damage protocol please immediately sends in, we achieve prompt substitute. The value of our bill is direct to settle at us and in turn the transportation bearer, to incriminate.

The guarantee duty of the salesperson for street versions goes out after 24 months or 10.000 km and also under following circumstances: 1. with merchandise that of foreign side changes, processes or lacks were removed without consent. 2. at vehicles or sharing, that are used in the competition. 3. on Wettbewerbsteile, there is not any guarantee. 4. at mounting of the ware outside our business. 5. the guarantee duty restricts itself to the pure partial substitute without montage costs. Guarantee claims are acknowledged only according to unhesitating, written news, in fact with obvious lacks within 7 days from receipt of the ware. With justifiable lacks, substitute is achieved after our election. With miscarriage of the substitute delivery or update, the right of the Rückgängigmachung of the contract is left for the buyer. To this, the ware must be made freely available for us. Continuing claims, especially on compensation, are impossible, except resolution.
All consequence damages or damages are generally impossible through not appropriate as well as professional and appropriate treatment,
Montages, application or Inbetriebnahme the part delivered by us. For the TÜV decrease necessary with application in the traffic, we don't take over any assurance of accessories of all type.

Merchandise retractions take place only after express authorization through us. The return is to be performed freight-freely in every case. Retractions of singles and special versions as well as parts without TÜV are impossible. The client of singles and special versions commits himself to decrease the ordered merchandise in full scope and to pay if we began already with the manufacture. Damaged or a not perfect merchandise is impossible from the return and is not credited. The retraction of merchandise of all the type is normally impossible. With other, as an exception arranged retraction, the client is incriminated with 20 percent of treatment charge.

The buyer has to carry worry, all alterations and Umrüstungen of his/its vehicle, for it, if it takes part in the public traffic to let written down after the legal regulations into his/its motor vehicle papers (vehicle letter and appearance) the buyer, the vehicle near the technical Uberwachungsverein (TÜV) must demonstrate. The responsibility for the TÜV enrollment of rebuilt vehicles or their sharing is with the buyer. A presentation to the TÜV decrease takes place under all circumstances on risk of the buyer. With refusal of the decrease through the TÜV, for by us not to represent reasons, the customer nevertheless has arrange this us originated expenditure in her/it as well as to reimburse an appropriate height and to report the originated expenses for us. Any claims to the salesperson because of non-authorization of sides of the TÜV are impossible. All claims of the buyer or third towards the salesperson from accidents of all type are specifically impossible.

The delivered ware remains property of the salesperson until the complete payment. Payments are direct to achieve at us. However, the buyer can sell the ware despite the proprietary reservations in the proper business further, but without our consent a third neither still pawns to the security transfers. If the ware is further-sold before payment as well as proceeds of the check, so the proceeds achieved for it is valid transferred without further than at us. The proceeds is separate to store for us as well as to use merely for the Abdeckung of our demands.

We always deliver at the prices favorable on the day of the delivery. This especially is applicable to orders and orders from longer time periods even if another price was based on the original order or confirmation of order. The prices understand exclusively insurance, package and shipping costs for itself. All named prices know plus the at this time legally passable value added tax. Price alterations reservations. The terms are pure or per pure COD, maximum Euro 1000. -). after agreement also on open bill after the in writing vereinbahrten conditions. With orders with a net merchandise value under Euro 50, the salesperson raises a treatment charge from Euro 5. Bills over vehicle rebuildings are purely net due with vehicle delivery without all departure.

Compensation claims to the salesperson through umgerüstete vehicles of all type are impossible
The residence of the salesperson is fulfillment place and jurisdiction for delivery and payment.

These conditions from immediately are valid. Through the appearance of a new catalog and or all previous catalogs lose the respective newest price list und/oder price lists her/its/their validity. The invalidity or inefficiency of individual regulations don't touch the remaining regulations. Deviant agreements as well as assurance of all the type need the writing form. We keep Konstruktions for ourselves - format alterations before. For illustrations. Drawings. We keep sketches and other records for ourselves property and copyrights before.

Emphasis and copy, also in excerpts, only with authorization of the editor. For misprints, we don't take over any liability.

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