General Terms and Conditions for Distance Selling of Consumer Goods

 

§ 1 Scope and Contractual Basis

(1) The following General Sales Conditions apply to all our business relations with consumers (§ 13 BGB). Separate Terms and Conditions apply to entrepreneurs (§ 14 BGB), legal entities under public law, or a special fund under public law.

(2) All agreements made between you and us in connection with the purchase contract are particularly derived from these sales conditions, our written order confirmation, and our declaration of acceptance.

§ 2 Prices; Payment

(1) Our prices include packaging costs and statutory value-added tax; however, delivery and shipping costs are only included in our prices if a separate agreement has been made with you. In the event of a revocation of your declaration of intent to conclude the purchase contract, you must bear the regular costs of returning the goods as described in the revocation instructions below.

We ask you to return the goods in their original packaging to us.

(2) Unless we have agreed otherwise in writing with you, the purchase price owed by you is due for payment immediately after our invoice has been received by you and the goods have been delivered.

(3) If you are in default with the payment, we are entitled to demand interest at a rate of 5% above the respective base interest rate of the European Central Bank (ECB) from that point in time. We reserve the right to prove greater damage.

§ 3 Set-off; Right of Retention

You are only entitled to offset against our claims if your claims have been legally established, we have recognized them, or if your claims are undisputed. You are also entitled to offset against our claims if you make warranty claims or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delivery and Performance Time

(1) Our delivery dates or periods are exclusively non-binding information unless they have been expressly agreed as binding between you and us.

(2) You can request us in writing to deliver within a reasonable period four weeks after exceeding a non-binding delivery date or period. If we culpably fail to meet a delivery date or period expressly agreed as binding or if we are in default for any other reason, you must set us a reasonable grace period to perform our service. If we let this grace period expire without results, you are entitled to withdraw from the purchase contract.

(3) Subject to the limitations after § 5, we are liable to you according to the legal provisions if the contract is a fixed transaction, or you are entitled to invoke the loss of your interest in the fulfillment of the contract due to a delay in delivery for which we are responsible.

(4) We are entitled to make partial deliveries and services at any time if this is reasonable for you.

§ 5 Rights in Case of Delay and Defects; Liability

(1) Provided that the delivered goods do not meet the

a) subjective requirements, i.e., do not have the agreed quality between you and us or are not suitable for the use presupposed according to our contract or are not delivered with the agreed accessories and instructions, such as assembly and installation instructions, b) objective requirements, i.e., are not suitable for ordinary use, or do not have a quality that is usual for items of the same type or that the buyer can expect, considering the type of item and/or public statements made by the seller or another member of the contract chain or on their behalf, especially in advertising or on the label, or do not correspond to the quality of a sample or a model that we provided to you before the conclusion of the contract, or are not delivered with the accessories including packaging, assembly, or installation instructions and other instructions that the buyer can expect to receive, or c) assembly requirements (if an assembly is to be performed), we are obliged to fulfill the performance again.

(2) Illustrations or drawings contained in our brochures, advertisements, and other offer documents are only approximate as far as the information contained therein has not been expressly designated by us as binding; in this respect, deviations of the delivered goods do not constitute a defect of the objective requirements of the goods within the meaning of the preceding paragraph. The same applies if we have expressly and separately agreed with you on a deviation from the objective requirements for the goods.

(3) We are not obliged to perform again if we are entitled to refuse subsequent performance based on the legal regulations.

(4) Subsequent performance is carried out according to your choice by rectifying the defect (rectification) or delivering new goods (replacement delivery). You must provide us with the goods for the purpose of subsequent performance. Furthermore, you must grant us a reasonable grace period for subsequent performance. You are not entitled to reduce the purchase price or to withdraw from the contract during the subsequent performance. If we have unsuccessfully attempted to rectify the defect twice, this is considered unsuccessful. If the subsequent performance has failed, you are entitled to choose to reduce the purchase price or to withdraw from the contract.

(5) You can only assert claims for damages due to a defect once the subsequent performance has failed. Your right to assert further claims for damages remains unaffected according to the following paragraphs.

(6) We are liable according to legal provisions for damages to life, body, and health based on a culpable breach of duty by us, our legal representatives, or our vicarious agents. Furthermore, we are liable according to legal provisions for other damages based on intentional or grossly negligent breaches of contract as well as fraud by us, our legal representatives, or our vicarious agents. As far as the scope of the Product Liability Act is opened, we are liable without limitation according to its provisions.

We also are liable within the scope of a quality and/or durability guarantee, provided we have issued such for the delivered goods. If damages occur that are based on the lack of the guaranteed quality or durability but do not directly affect the goods delivered by us, we are only liable if the risk of such damage is obviously covered by our quality and durability guarantee.

(7) If a damage based on delay or due to a defect results from the simply negligent breach of a material contractual obligation, i.e., the simply negligent breach of a duty, the fulfillment of which enables the proper execution of the contract at all and on whose compliance you as a buyer can regularly rely (such as the timely delivery of the goods), our liability is limited to the foreseeable, contract-typical damage. The same applies if you are entitled to claims for damages instead of performance.

(8) Further claims for damages against us do not exist regardless of the legal nature of the claims you have raised against us. This does not affect our liability according to the above paragraph 3.

§ 6 Retention of Title

The delivered goods (goods subject to retention of title) remain our property until all claims from this contract have been paid in full.

§ 7 Final Provisions, Applicable Law

The law of the Federal Republic of Germany applies to our contract. The application of the UN Sales Convention is excluded.

Revocation Instructions Right of Withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Zweirad Stenger GmbH, Frohnradstraße 19, 63768 Hösbach, [phone/fax/email]) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to revoke this contract. You may use the attached model withdrawal form, but it is not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you revoke this contract, we shall repay to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (Zweirad Stenger GmbH, Frohnradstraße 19, 63768 Hösbach, [phone/fax/email]) immediately and in any event no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods. The costs are estimated at no more than approximately EUR 60.00.

You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the condition, properties, and functionality of the goods.

Sample Withdrawal Form

Sample Withdrawal Form

(If you want to revoke the contract, please fill out this form and send it back.)

• To Zweirad Stenger GmbH, Frohnradstraße 19, 63768 Hösbach, [phone/fax/email]:

• I/We () hereby revoke the contract concluded by me/us () concerning the purchase of the following goods ()/the provision of the following service ()

• Ordered on ()/received on ()

• Name of the consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only if communicated on paper)

• Date

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(*) Delete where inapplicable.