Terms and Conditions (GTC) made by Thunderbike
§ 1 Scope
1st The business relationship between the company Thunderbike, owner Andreas Bergerforth e.K., Gütestr. 5, 46499 Hamminkeln and the Buyer subject to the following terms and conditions (hereinafter: the GTC) in force at the time of the offer as amended. The buyer expressly confirms the order, the following terms and conditions that he has taken note of the seller and agrees.
2nd Different conditions can be regarded as an entrepreneurial purchaser shall not apply even if the seller does not expressly object to the inclusion. This regulation excludes the possibility of cross terms between the verbal agreement, especially one not to be regarded as a consumer buyer and the seller.
3rd A consumer is any natural person, a legal transaction - as a purchase agreement - attesting to a purpose that is neither commercial nor their independent vocational activity may be attributed. Otherwise, the natural person qualifies as an entrepreneur.
§ 2 Conclusion and scope
1st A sales contract can be made through our internet shop www.thunderbike.de online or by telephone order. A sales contract is concluded when we have confirmed your order immediately in the online ordering process via email. An online contract is not possible without the acceptance of the Terms and consumers in the notice of the cancellation and have confirmed the general information requirements of the ordering process. Please print out the terms and conditions and take these to your contract documents. For telephone orders, the contract comes after order confirmation and invoice, and payment and receipt of the goods after taking note of General business conditions and the information requirements about, which accompanied the goods at the latest.
2nd A specialty is custom made when ordering. For this purpose, both sides always a signed contract with individual agreements is required. This contract is concluded with the signing and includes its own individual regulations, which supplement these terms and conditions.
3rd With orders from the merchants of the contract may also be free of contradictions commercial letter of confirmation of Thunderbike come about. Without immediately (usually 1 day) contradiction of the buyer, the contractor is subject to the terms and Conditions of Thunderbike be accepted.
4th A contract is generally performed only with buyers who are under 18 Years of age and are fully competent. An exception to this rule applies only with prior consent of the legal representative of the buyer at the time of the tender by the purchaser must already exist with the seller.
5th The contract will be notified during the ordering process so that it can be stored by the client and or printed. Thunderbike also stores the text of the treaty so far and so long as it is required to process contracts and can also be viewed on demand and legitimacy in the offices of the Thunderbike. In the event that you prescribe in the order process, eg indicate an incorrect amount, please immediately e-mail to a correction Thunderbike, see contact correct or telephone ordering. This is then taken into account and corrected. Basically, the contract in German and English are closed. You need to select the German or English shop page. This is done through the appropriate flag icons on the home page.
§ 3 Purchase Price and shipping
1st All purchase prices specified by the seller is binding. In this purchase price including the VAT is already included in simple packaging. In contrast, the if applicable delivery, calculated especially for international shipments, special packaging, and / or insurance costs from the seller in addition to and can be found in the product description or price lists, where the implementation of these services is offered by the seller. A possibly resulting from § 6 para 4 of the other Conditions for costs in the case of a revocation of the purchase contract by a consumer shall remain unaffected.
2nd The buyer, unless otherwise is indicated, even with immediate payment is not entitled to a discount.
3rd The seller delivers the purchased goods without exposure to the legal VAT, if the conditions of an intra-Community supply. These conditions, the buyer by stating his name and address of the branch of trade or profession and a valid tax identification number (VAT Reg.) demonstrated at the checkout.
4th As a business currency is the Euro (EUR). The grant agreement is reached by the Seller solely in euros (EUR) and the buyer's payments are only payable in Euros (EUR) allowed.
§ 4 Delivery, delivery times, Duty to give notice
1st According to the item description, all goods delivered after full payment of invoice. This means that the dispatch of the ordered merchandise to locations in Germany, usually within 1-3 business days for deliveries to the European Union (excluding Germany) is usually paid within 3-5 working days or, in other cases invoicing made (see § 2 GC).
2nd Delivery will be made at commercial buyers (employers) at the risk and expense of the buyer. The seller is entitled to the buyer's request but is not obligated to insure the goods to the buyer.
3rd Complaints of industrial buyer (contractor) of the scale of delivery, obvious defects, incorrect delivery or quantity discrepancies must be reported immediately in writing to the Seller or by phone to assert. If the buyer an immediate indication, though he is obliged to do under this paragraph, then the delivery shall be deemed approved.
4th The hits in paragraph 3 of this section for entrepreneurs reprimand also applicable to a consumer, if the defect of the delivered goods is obvious. One obvious limitation is given if he does so clearly to light, he noticed that even the non-technically educated average buyer without special attention. In contrast to the display control for entrepreneurs is to take place by the consumer within 14 days to the seller. The period begins at the time of access of goods to the buyer. The provision of this paragraph, the revocation of the right to be regarded as a consumer buyer according to § 6 Conditions unaffected.
§ 5 Maturity and payment, default
1st Unless otherwise agreed, delivered exclusively to advance, ie the goods until receipt of payment of the full invoice amount, including shipping costs, and thus possibly other proven costs of the transport person to give or pass.
2nd The purchase price is due upon receipt of invoice after the contract (see § 2) between the seller and the buyer. He has to be paid by the buyer in advance, cash on delivery or credit card.
3rd Does the buyer the purchase price when paying in advance within 10 days after the conclusion of the contract (see § 2) and to send a proper invoice by the seller, then he receives from the vendor a one-time reminder. If the date of access this payment reminder to the purchaser an additional 10 days pass without the seller can claim a payment, they will send the buyer max. 3 written warnings. The second and third reminders are released from a fee of € 5 each, leaving it to the buyer to prove a lower damage or lack of damage. The seller is, at its discretion after the expiry of the right in the first reminder deadline to cancel the order of the buyer and the contract. The saleswoman there is already free after the expiry of the payment period in the first reminder to initiate court collection or to instruct a lawyer or a debt collection agency to collect the debt.
§ 6 Withdrawal / - instruction for consumers
Appendix 1 of Article 246 § 2 para 3 sentence 1 EGBGB
You may cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline expired - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Abs . EGBGB 1 and 2. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
Fa Thunderbike, Owner: Andreas Bergerforth (registered merchant), Güterstr. 5, 46499 Hamminkeln, Germany
Fax: +49 2852-5444, email: firstname.lastname@example.org
In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg advantages), or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Transportable items are to be returned at our risk. You have to bear the costs of returning the goods. Not parcel things do you pick. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods to us with their receipt.
With a service contract right of withdrawal expires prematurely if the contract is fulfilled by both sides on your specific request, unless you have exercised your right of cancellation. There is also the right of withdrawal for contracts for the provision of services in the areas of accommodation, transport, delivery of food and beverages and recreational activities, if the entrepreneur commits to the contract, to provide these services on a specific date or within a specific period ( § 312 b BGB Para 3 No. 6).
End of the cancellation
§ 7 Offsetting and Retention
1st The right to offset the buyer against the seller only if his counterclaims are legally established or not disputed by the Seller.
2nd To retain the buyer is only allowed as far as his claims to the same contractual relationship.
§ 8 Retention of title
1st The delivered goods remain the property of the seller has been paid until the purchase price for these goods by the buyer (simple retention of title).
2nd In commercial business (entrepreneurs), the ownership of the purchased goods only from the seller to the buyer if the buyer has settled all claims arising from the business relationship with the seller (extended reservation of ownership). A commercial business is given in the supply of goods from the seller to a trader.
3rd Reservation of title the seller at one in the commercial business (entrepreneurs) goods purchased through resale, compounding or processing of goods purchased by the buyer, then takes the place of the purchased goods, the new object or by the designated actions resulting demand ( extended retention of title).
§ 9 Warranty
1st In case of defective goods, the buyer, the consumer, the seller shall be obligated to remedy the defect or replace the goods. He may, at its discretion on notice to leave the choice and the seller.
2nd The transfer of warranty claims the buyer against the seller of any third party. The buyer sells the delivered goods by the Seller to third parties, it is forbidden to refer because of the associated legal and / or contractual warranty claims to the seller.
3rd Of limitations for claims based on defects in accordance with statutory provisions, ie for new members in two years, for used parts in one year from delivery of the goods item in a purchase contract or acceptance of the subject matter in a work contract.
4th It has a right to remedy for the seller, in the case of a contract to repair in our plant. In the event that it is the buyer is an entrepreneur following applies: If it fails a second repair because the repair or replacement delivery fails or objective or subjective is impossible or has unjustifiably refused to seriously and permanently or delayed unreasonably on the has, buyers can withdraw without prejudice to any claims for damages from the contract or reduce payment.
5th Fraudulent concealment of defects or the assumption of a guarantee for the further claims unaffected.
6th Defects must be notified to us in writing before and after noting their disposal - the customer is a merchant, a maximum notice period is 10 calendar days after the first note of the shortage, § 377 para 1 and 3 HGB. If a defect is displayed, the customer must give us the opportunity to examine this defect.
§ 10 Liability
For a liability of the seller for damages without prejudice to other legal claims following exclusions and conditions - restrictions:
The seller assumes full responsibility, insofar as intent or gross negligence. For simple negligence, the seller is liable only for breach of a duty, the fulfillment of the proper implementation of the contract in the first place and on their compliance with the buyer must trust (cardinal obligation). Furthermore, liability for damages of any kind, exclude her because of what basis for a claim, including liability for negligence of contract.
If the seller under the preceding paragraph shall be liable for simple negligence, its liability limited to the damage, which occurrence he could have expected in the circumstances of contract typically known.
These exclusions and limitations do not apply if the seller has a guarantee for the quality of the goods or the goods have been fraudulently concealed the defect. The seller is also liable for unlimited damages, which are to be replaced under the Product Liability Act for damages to life and limb.
These exclusions and limitations also apply to the employees and agents of the seller and for the benefit of third persons employed by the seller to fulfill the contract.
§ 11 Data Protection and Consent
§ 12 Place of performance, jurisdiction, legal
1st Regarding the contract with companies or public bodies will be agreed as a performance for the delivery of the goods and payment of the purchase price of the registered office of the Seller in 46499 Hamminkeln.
2nd The venue for merchants (entrepreneurs), the District Court or the District Court Duisburg Wesel agreed.
3rd Transferred to the buyer at his domicile or habitual residence outside the scope of the Federal Republic of Germany, then the way is the competent court of jurisdiction for Hamminkeln So the AG or the District Court Duisburg Wesel. This agreement also applies to situations in which the domicile or habitual residence of the buyer at the time of action are not known.
4th The contract between the seller and the buyer is subject to the laws of the Federal Republic of Germany. The application of the CISG is excluded. For consumers who are resident or ordinarily resident within the European Union but outside the Federal Republic of Germany, this choice of law only insofar as this does not by mandatory legal provisions of the state afforded protection afforded to the consumer's domicile or habitual residence has.
§ 13 Severability clause
Should individual provisions of the contract, including these rules in whole or in part invalid, then the validity of the remaining provisions or parts of such provisions unaffected.