General Terms and Conditions
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 (Reifen-Anton e.K.) via the gutachten-kaufen.reifen-anton24.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 .
Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(2)
You can make a binding purchase offer (order) via the online shopping cart system.
In doing so, the goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart"" and make changes there at any time. After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay" or similar designation) you submit a binding offer to us.
(3) 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.
(4) 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 License to use digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.
(2) Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive right of use for an unlimited period of time, in particular the permission to save and/or print out a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent out the digital content that is subject of the contract or parts thereof or, with the exception of the provisions set out in paragraph 3 , to sublicense it either for a fee or free of charge, to reproduce it publicly or make it accessible in any other way or otherwise make it available to third parties.
(3) In the case of Digital Content that is software, you may permanently transfer the acquired copy of the Digital Content to a third party subject to the following conditions.
You undertake,
a) to discontinue its use completely and to delete, remove or hand over to the Licensor all copies on data carriers, unless there is a legal obligation to retain them for a longer period of time.
b) to additionally hand over the license certificate and the documentation of the previous license grant.
c) upon request, to confirm in text form that the aforementioned measures have been carried out and, if applicable, to explain the reasons for longer retention.
d) otherwise, to expressly agree with the third party receiving the digital content from you to comply with the scope of the grant of rights under this license of use.
(4) If this is necessary to secure the future use of the software, you may make a backup copy. You undertake to affix the clearly visible note "Backup copy" and a reference to the Licensor to the backup copy. If a multiple licence is the subject matter, the right to create a backup copy shall not apply. Pursuant to Section 69e of the German Copyright Act (UrhG), you are entitled to decompile and reproduce the software if this is necessary to maintain the interoperability of the contractual software with other programs and the information required for this purpose has not been made available by us within a reasonable period of time following your request.
§ 4 Individually-designed products
(1) You shall provide us with the relevant information, texts or files required for the customisation of the goods via the online ordering system or by email. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyright, rights to a name and trade mark rights) or contravenes applicable laws.
In the event of a breach of this obligation, you shall be liable to us for any losses we incur in this connection as a result of justified claims made against us by third parties. This shall not apply if you are not responsible for the infringement.
(3) You are obliged to check the data for accuracy of content prior to transmission. We do not check the data transmitted.
§ 5 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of retention
(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.
§ 7 Warranty
(1) The statutory warranty rights are applicable.
(2) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 8 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
Reifen-Anton e.K.
Niederlautersteiner Str. 13
09496 Marienberg
Germany
Telephone: 03735 660166
E-Mail: info@reifen-anton24.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
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 to the regulations "conclusion of the contract" in 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, 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.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 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.
6.2 Since the product is downloaded, no shipping costs accrue.
6.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Provision
7.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
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: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
