General terms and conditions of ROADSAILOR Racing GmbH
1. GENERAL, CUSTOMER CIRCLE, LANGUAGE
(1) All offers, purchase contracts, deliveries and services on the basis of orders from our customers via our online shop www.roadsailor.racing (hereinafter referred to as the “Webshop”), including orders by telephone, e-mail, fax or mail, underlie these terms and conditions. In addition, these General Terms and Conditions shall also apply to sales at fairs and events, provided that the following provisions are not specifically aimed at remote sales.
(2) The product offer in our webshop addresses consumers as well as entrepreneurs, but only end users. For the purposes of these Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose which can not be attributed to his commercial or independent occupation (§ 13 of the Civil Code – BGB) and (ii) An “entrepreneur” means a natural or legal person or a legal person who is legally active in the performance of his commercial or independent professional activity at the time of conclusion of the contract (§ 14 para. 1 BGB).
(3) The terms and conditions of business of the customer shall not apply, even if we do not separately contradict their validity in the individual case.
2. CONCLUSION OF CONTRACT
(1) Our offers in the webshop, in brochures and at our stand are non-binding.
(2) By placing an order in the Webshop (which requires the prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the relevant product. The customer is bound to the offer until the expiration of 5 calendar days following the day of the offer. We are entitled to accept the offer within this period.
(3) We will send the customer, without delay, a confirmation of the receipt of the offer which does not constitute acceptance of the offer. The offer is only accepted by us as soon as we declare acceptance or send the goods to the customer (by e-mail). The purchase agreement with the customer comes only with our acceptance.
(4) Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return instruction, which is communicated to him together with the confirmation of the receipt of his offer, and to return the goods.
(5) If the customer asks for repair services, he has to declare whether he accepts or rejects our offer within two weeks after receipt of a requested estimate to avoid unnecessarily long service life. If the customer does not agree within two weeks, we will set a reasonable grace period of one week. Upon expiration of this period without explanation by the customer, we assume a rejection of our offer and in this case, at the expense of the customer, return the product to him. We will also remind the customer separately with our postponement.
3. PRICES AND PAYMENT
(1) Our prices include the legal VAT, but not shipping costs. Prices in non-EU countries (excluding Au 3. PRICES AND PAYMENT stralia and New Zealand) do not include VAT. Custom duties and similar charges shall be borne by the customer.
(2) Unless expressly agreed otherwise, we deliver only against prepayment (in the manner indicated on the order form) and cash on delivery. At the request of the customer, which can be specified in the order form, we also deliver the goods against payment of the invoice amount in our premises in Gottlieb-Keim-Str. 60 in 95448 Bayreuth.
(3) The customer shall not be entitled to set-off or withhold rights, insofar as the counterclaim is not undisputed or legally established.
4. SHIPMENT OF GOODS
(1) We will send the goods to the customer at the latest by the date of shipment indicated on the respective offer page (day of delivery of the goods by us) to the customer, which is only approximate and therefore is allowed to be exceeded by up to two business days. If no shipping date is given, excellent items will be shipped within three weeks at the latest on the fifth working day (subject to a sale approved according to paragraph 2) and all other goods. This time limit, which is decisive for the determination of the date of dispatch, begins on the day of receipt of the full purchase price (including VAT and shipping costs).
(2) If the goods are marked as “FROM STOCK” by the customer in the webshop, we will keep the goods in stock within a period of five working days after our acceptance of the offer; If the payment is not received within this period, we are entitled to sell the goods at any time. In this case, the dispatch will take place within the stated period of five business days only as long as stocks last. Otherwise, a period of three weeks from receipt of payment shall be deemed to have been agreed upon for dispatch.
(3) In the event that our supplier did not deliver the goods to us in the webshop as an “FROM STOCK” during the order placed by the customer in the webshop or sold in accordance with paragraph 2, (1) and (2) until the delivery by our supplier plus two working days, but for a maximum period of three weeks. The prerequisite for this period extension is that we immediately re-order the goods and are not responsible for the delay of the delivery by our supplier.
(4) If the goods are not available or are not available in time for one of the reasons mentioned in paragraph 3, we will immediately notify the customer thereof. In these cases we will make an individual agreement with the customer regarding the delivery date. If the goods are not available at our suppliers in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we shall immediately reimburse the customer for payments made to us. The statutory rights of the customer due to delays in delivery shall not be affected by the above regulation, whereby the customer can only demand damages in accordance with the provisions of section 8 of these General Terms and Conditions. If the goods are not available permanently, we can not accept an acceptance declaration. A contract is not concluded in this case.
(5) If we do not meet a delivery date, the customer has to set a reasonable deadline, which may not be less than one week.
(6) We are entitled to partial deliveries of separately usable products recorded in an order, whereby we bear the additional shipping costs caused thereby.
(7) If the customer has agreed to a pick-up date and the customer does not keep the deadline, we shall set a reasonable period of one week for the customer and reserve the right to rescind the contract. We will also remind the customer separately of our period of grace.
5. SHIPMENT, INSURANCE AND DANGEROUS TRANSITION
(1) ROADSAILOR wheels are fully assembled and adjusted by qualified technicians. For safety reasons, quick-release clamps are dismantled for transport. Consequently, the consumer must install these on receipt of the package using the enclosed instructions for use, if necessary by telephone support from the ROADSAILOR Service Center.
(2) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company in our reasonable discretion. The risk of shipment is borne by us when the customer is a consumer.
(3) We only owe the punctual, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. A delivery period specified in the webshop is therefore non-binding.
(4) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time when the goods are delivered to the customer or when the customer is in default of acceptance. In all other cases, the risk is transferred to the customer upon delivery of the goods to the transport company.
(5) The shipping costs are to be borne by the buyer. They include the costs of a transport insurance enclosed by us against the usual transport risks. The corresponding shipping costs are indicated to the customer in the order form.
(6) In the case of a revocation, the customer shall bear the regular costs of the return if the delivered goods correspond to the order ordered and if the price of the item to be returned does not exceed EUR 40.00 or if in case of a higher price at the time of the revocation the customer has not yet rendered the consideration or a contractually agreed partial payment.
6. PROPERTY RETENTION
(1) We reserve the right of ownership of the delivered goods until full payment of the purchase price (including value-added tax and shipping costs) for the goods concerned.
7. WARRANTY, GUARANTEE, RIGHTS RESERVED
(1) If the delivered goods are subject to a defect in quality, the customer may first demand the removal of the defect or the delivery of defect-free goods.
(2) We can refuse the type of subsequent performance chosen by the buyer, if this is only possible with disproportionate costs.
(3) If the subsequent performance as per clause 7.1 fails or is unreasonable for the customer or if we refuse the subsequent performance, the customer shall be entitled to withdraw from the purchase contract, reduce the purchase price or demand compensation or compensation for his futile expenses. In addition, the special provisions of section 8 of these General Terms and Conditions apply to claims of the customer for damages.
(4) The statutory warranty period is two years from the date of delivery; for products used, tested or maintained and repaired according to manufacturer`s instructions, it is one year if the customer is a consumer.
(5) Without limitations to the statutory warranty rights of the customer, the following additional conditions apply to the voluntary warranty granted by us:
(I) The warranty does not apply to damages caused by improper use according to the fields of application indicated on our website for the respective product, for example
- neglect of the product (inadequate maintenance);
- changes at hubs and rims (e.g., engravings or varnishes);
- Installation and modification of additional components not expressly approved by us or replacement of components installed by us by non-identical components
- jumps; or
- Overloading of other types.
(Ii) We reserve the right to repair defective impellers or replace them with an appropriate successor model.
(Iii) In the case of a required replacement of running wheels, we shall replace these in the same color, but reserve the right to substitute it for a different color in case of non-availability.
(Iv) Our guarantee services do not include any further services (such as assembly and transport costs) or any additional assembly or material costs resulting from an intermittent model change. These costs are borne by the customer under our voluntary guarantee.
(7) The statutory right of revocation applies. The return period begins with the receipt of the goods at the customer and is returned to us by timely return of the goods within 14 days.
(1) Our liability for negligence (with the exception of gross negligence) shall be limited to 10% of the purchase price (including value-added tax) in the event of a delay in delivery.
(2) We shall not be liable (irrespective of the legal basis) for any damage which is typically not expected in the nature of the respective order, the goods as well as in normal use of the goods. The foregoing limitations on liability do not apply in case of intent or gross negligence.
(3) Claims for compensation on the part of the customer due to obvious defects of the delivered goods are untenable if he does not inform us of the defect within a period of two weeks after delivery of the goods.
(4) The limitations of this clause 8 shall not apply to our liability for guaranteed texture features iSv. § 444 BGB, because of injury to life, body or health or according to the Product Liability Act.
9. DATA PROTECTION
(1) We may process and store the data relating to the respective sales contracts as far as this is necessary for the execution of the purchase contract and as long as we are obliged to keep these data under legal regulations.
(2) We will also not otherwise pass on personal customer data without the expressly consent of the customer to third parties, except if we are legally obliged to provide data.
(3) The collection, transmission or other processing of personal data of the customer for purposes other than those specified in this clause 9 are not permitted.
10. APPLICABLE LAW
(1) The purchase contract between us and the customer is subject to mandatory international private law, the right of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.