Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Fabian Wanitschke) via the http://premiumwheels.de/ website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract under the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the “shopping basket”. You can call up the “shopping basket” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the possibility to check all details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase.
By sending the order via the “buy” button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 4 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory regulation. The one-year warranty period does not apply to culpably caused damages from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent on the part of the supplier, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB (German Civil Code).
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects in text form (e.g. e-mail) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the duty to inspect and give notice of defects.
c) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful misconduct or fraudulent intent, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
§ 5 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I) .
(3) Insofar as essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are liable neither for the constant nor uninterrupted availability of the website and the service offered there.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Premium Wheels GmbH
Managing Director: Fabian Wanitschke
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside of the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5 Prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6 Delivery conditions
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment shall be at your risk.
7. statutory liability for defects
7.1 Liability for defects in our goods is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: http://www.haendlerbund.de/agb-service.
last update: 01.10.2019