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Terms & Conditions of the office in Waltrop

 

Terms of delivery, payment and installation for internet trade

1. General information

The following conditions apply to all deliveries, services and offers of Schawe Car Design GmbH, legally represented by the managing director Daniel Wesner, Richtstrecke 16 c, 45731 Waltrop, hereinafter referred to as Schawe Car Design GmbH. Deviating and/or supplementary agreements require the express written consent of Schawe Car Design GmbH. By placing an order, the following terms and conditions of delivery, payment and assembly shall be deemed to have been noted and accepted.

2. Conclusion of contract

The presentation of the goods in our internet store does not represent a legally binding contract offer on our part, but is a non-binding invitation to the consumer to order goods. The acceptance of the offer is made in writing, in text form or by sending the ordered goods within 1 week. After fruitless expiration of this period, the offer is considered rejected.

A. Conclusion of contract

With his order, the customer submits a binding offer to Schawe Car Design GmbH to conclude a contract with the latter. Schawe Car Design GmbH is free to accept the offer. The customer shall confirm his order in a binding manner with the written confirmation of an offer submitted by fax, telephone or e-mail or with his order in the online store.

B. Order via the online store

When ordering via the online store of Schawe Car Design GmbH, the ordering process comprises a total of four steps. In the first step, the customer selects the desired goods. In the second step, he enters his customer data including invoice address and, if necessary, a different delivery address. In the third step, the customer chooses the payment method. In the fourth step, the customer has the opportunity to check all details (e.g. name, address, method of payment, ordered items) once again and to correct them if necessary before clicking on "Send order" to send his order to Schawe Car Design GmbH. The text of the contract can be printed out by clicking on "Print" after completion of the order process. Schawe Car Design GmbH will then send the customer an order confirmation and an order confirmation with all order data and the general terms and conditions to the e-mail address provided by the customer. Schawe Car Design GmbH reserves the right of prior sale of vehicles until the offer is accepted.

The customer shall deliver a vehicle to which new parts are to be fitted clean and washed on the day of delivery. If he does not comply with this request, any previously existing damage or defects to the bodywork or other vehicle parts after installation cannot be claimed at the expense of Schawe Car Design GmbH.

3. Reservation of title

The delivered goods remain the property of Schawe Car Design GmbH until full payment of all claims. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the goods shall remain the property of Schawe Car Design GmbH until full payment of all claims arising from the business relationship. If the customer acts in breach of contract, in particular in the event of default of payment, Schawe Car Design GmbH shall be entitled to demand the return of the purchased item.

4. Prices

The prices, information and technical data contained in the Internet, store system, catalogs, brochures, advertisements and price lists or in the documents belonging to the offer are non-binding and subject to change. The information contained therein is subject to change at any time. The information is not part of an offer and does not become part of the contract. Information on consumption and emission values are average data for comparison purposes and do not refer to a specific vehicle. They are also not part of an offer and do not become part of the contract. They are merely information on the condition of the vehicle, not the assurance of characteristics.

All prices are final prices. They contain the legal value added tax. Schawe Car Design GmbH reserves the property, protection, copyright and other rights to drawings, illustrations, descriptions of technical data as well as dimensions, calculations, weights and other representations of the delivery items in written and electronic form. This shall also apply to such written documents that are designated as "confidential". Passing these on to third parties requires the express written consent of Schawe Car Design GmbH.

Furthermore, the offers of Schawe Car Design GmbH are subject to the proviso that Schawe Car Design GmbH itself receives correct and timely deliveries from its suppliers. Schawe Car Design GmbH does not assume any procurement risk. It shall be entitled to withdraw from the contract as soon as it does not receive the delivery item despite the prior conclusion of a corresponding purchase contract on its part. The responsibility of Schawe Car Design GmbH for intent or negligence in not receiving the ordered item from the supplier shall remain unaffected. Schawe Car Design GmbH shall inform the customer immediately of the untimely availability of the delivery item and, in the event that the customer wishes to withdraw, shall exercise the right of withdrawal immediately. If the right of withdrawal is exercised, Schawe Car Design GmbH shall reimburse the customer for the corresponding consideration. Schawe Car Design GmbH shall be entitled to withdraw from the contract itself if it becomes aware that the customer is neither creditworthy nor solvent.

5. Delivery / acceptance

As far as the delivery of the object of purchase is agreed upon, it will take place from the business location in Waltrop to the address provided by the customer. Delivery dates and performance times are not binding. They require an explicit and written confirmation to become part of the contract. The delivery periods begin with the date of the order confirmation. For the timeliness of the delivery, it is decisive when the goods were dispatched from the company headquarters. Schawe Car Design GmbH reserves the right to make a reasonable partial delivery and also to invoice it, unless there is no other express agreement.

If collection of the goods has been agreed, the customer shall be obliged to collect the goods within 8 working days of the collection date notified in a binding manner and/or, if no such date has been agreed, from receipt of the notification of availability.

If the performance of the service requires the clarification of technical questions or if the cooperation of the contractual partner is required, the delivery or collection period shall only begin after the cooperation has been performed in full. Any delivery or collection date shall be extended accordingly. The same shall apply if a vehicle on which a service is to be provided by Schawe Car Design GmbH has not been delivered to the customer on the agreed delivery date.

6. Delay in delivery

If Schawe Car Design is in default of delivery for more than 4 weeks due to circumstances for which it is responsible, the customer shall be entitled to request Schawe Car Design GmbH to provide the service within the next 4 weeks. Upon receipt of the request, default shall occur. If a bindingly agreed delivery or collection date or a bindingly agreed delivery or completion deadline is exceeded, default shall be deemed to commence when the deadline or date is exceeded.

If the customer is entitled to compensation for damage caused by delay, this is limited in the case of slight negligence to a flat-rate compensation for delay of 5 percent of the agreed purchase price. If the customer is entitled to compensation for damages instead of performance, the claim is limited in the case of slight negligence to a flat-rate compensation of 25% of the agreed purchase price. In the event of intent or gross negligence on the part of Schawe Car Design GmbH, the latter shall be liable in accordance with the statutory provisions. Further claims are excluded.

If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), claims for damages instead of performance shall be excluded in the event of slight negligence.

In the event of force majeure occurring at Schawe Car Design GmbH or a supplier, which results in Schawe Car Design GmbH being temporarily prevented, through no fault of its own, from providing or delivering the service on the agreed date or within an agreed period, the agreed dates or periods shall be changed by the duration of the disruptions to performance caused by these circumstances. If the disruptions cause a delay in performance of more than 4 months, or if performance becomes impossible or unreasonable as a result of the circumstances mentioned, both parties shall be entitled to withdraw from the contract. Other rights of withdrawal remain unaffected. If the delivery or completion time is extended or the withdrawal from the contract is declared, the contractual partner cannot derive any claims for damages from this.

7. Terms of payment

Unless otherwise agreed, invoices are due for payment immediately. If an advance payment or a deposit has been agreed upon, this must be made upon conclusion of the contract.

All payments shall be made in Euro plus the statutory value added tax at the prices valid on the day of delivery.

Delivery is always made against advance payment.

Packaging, shipping and freight costs will be charged additionally, unless otherwise agreed. The amount of the respective shipping costs within Germany or abroad can be viewed in the online store during the ordering process or can be inquired by telephone at any time. When exporting delivery items to other countries, the foreign trade regulations of the Federal Republic of Germany or the other country of delivery agreed with the customer must be observed. The customer must obtain any necessary export permits before export. He is also liable for the proper observance of these regulations if the goods are forwarded to third parties in export countries.

The customer is only entitled to offset or exercise the right of retention if counterclaims have been legally established or are undisputed and are based on the same contractual relationship.

8. Return and revocation

For consumers, the right of withdrawal regulated below applies to distance selling contracts:
Consumers within the meaning of § 13 BGB are entitled to a right of revocation and return according to §§ 312 g, 355 BGB. Private customers are thus granted the right to revoke their contractual declaration within 2 weeks in text form (e.g. letter, fax, e-mail) or by returning the goods. The time limit begins after receipt of the cancellation policy in text form, but not before receipt of the goods by the recipient. The timely dispatch of the revocation suffices to meet the deadline. The revocation is to be addressed to: Schawe Car Design GmbH, Richtstrecke 16 c, 45731 Waltrop, Fax: +4923096494385, E-mail: info@schawe-shop.de

Consequences of an effective revocation:
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. In the event of deterioration, damage or loss of the goods, Schawe Car Design GmbH reserves the right to demand compensation. This does not apply to the surrender of goods if the deterioration is solely due to their inspection, as would have been possible for a customer on the sales floor. The customer can avoid the above-described obligation to pay compensation if he refrains from doing anything that could impair the value of the delivered goods. To this end, he must in particular follow the instructions for proper use and not use the goods as an owner would. If the revocation is effective and the ordered goods correspond to the delivered goods, Schawe Car Design GmbH shall bear the costs and risk of the return, unless the order value of the delivered goods is less than € 40.00 gross. The goods must be returned complete with all components, documents and instructions for use and without visible signs of use in the undamaged original packaging. Excluded from revocation and return are goods that have been specially manufactured according to the customer's wishes or clearly tailored to the customer's personal needs (custom-made products) and goods that cannot be sold otherwise due to their special features. This applies in particular to installed vehicle parts and to vehicle parts which have been modified or repaired at the request of the customer. The right of revocation also does not apply if the legal transaction can be attributed to a self-employed or commercial activity.

9. Dispatch and risk bearing

The transfer of risk shall always take place at the registered office of Schawe Car Design GmbH to the carrier or his vicarious agent. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), delivery "ex works" shall be agreed, unless otherwise agreed. All shipments shall be made at the customer's expense and risk. The risk shall pass to the customer in accordance with § 447 para. 1 BGB as soon as the goods have been handed over to the carrier or a suitable transport company. The same applies to deliveries of goods within the place of performance. If the customer refuses to accept goods sent to him, Schawe Car Design GmbH can no longer be obliged to send the goods again. In this case, it shall be entitled to set the customer a deadline of 2 weeks to collect the goods from the place of performance and to threaten to withdraw from the contract. If the customer then fails to collect the goods from the place of performance within the set period, Schawe Car Design GmbH may declare its withdrawal from the contract and claim damages.

If collection is agreed and the goods are not collected on time, Schawe Car Design GmbH may set the customer a deadline of 2 weeks for collection at the place of performance and threaten to withdraw from the contract. If the goods are not collected at the place of performance within the set period, Schawe Car Design GmbH shall be entitled to declare its withdrawal from the contract and to claim damages.

In the event of refusal to accept or failure to collect vehicle parts and other services, Schawe Car Design GmbH shall be entitled to claim damages of 20% of the gross invoice amount, without having to provide evidence of such damage. If Schawe Car Design GmbH can prove higher damages or the customer can prove lower damages, the damages shall be set accordingly higher or lower.

10. Warranties

If the customer is an entrepreneur within the meaning of § 14 BGB, the warranty is excluded. Liability for culpable injury to life, limb or health and on the basis of the Product Liability Act remains unaffected.

If the customer is a consumer, the statutory warranty periods apply, taking into account individual exclusions and reservations. For new parts, the period is 2 years from the time of transfer of risk. If there is a defect in the delivery item, the customer is entitled to demand subsequent performance by rectification of the defect or delivery of a defect-free item at his discretion. If the subsequent performance fails, the customer is entitled to demand a reduction in price or to withdraw from the contract at his discretion, provided the defect is substantial. The customer shall grant Schawe Car Design GmbH a reasonable and sufficient period of time for subsequent performance.

The customer shall also be obliged to notify Schawe Car Design GmbH in writing of obvious defects within 2 weeks of their discovery. If notification is not made within the aforementioned period, the customer shall not be entitled to any rights in respect of defects.

Furthermore, the assertion of claims for defects is subject to the condition that the customer is not in default of payment.

In the case of simple negligence, the warranty for used goods, regardless of whether they have been altered or not, is excluded. A liability for culpable injury to life, body or health and on the basis of the product liability law remains unaffected.

11. Limitations of liability

Schawe Car Design GmbH is liable in cases of intent and gross negligence on its part, on the part of its representatives or vicarious agents in accordance with the statutory provisions. Liability for damages shall be limited to foreseeable, typically occurring damage at the time of conclusion of the contract.

For damages caused by delay and claims for damages in lieu of performance, the provision under "Delay in delivery" shall apply additionally. Liability for culpable injury to life, body or health shall remain unaffected. This also applies to liability under the Product Liability Act.

Unless otherwise regulated above or within the General Terms and Conditions, liability is excluded regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.

Schawe Car Design GmbH shall also not be liable for damage that has occurred to the delivery item or contractual item itself, nor for loss of profit and other financial losses of the customer.

12. Properties of vehicle parts

Schawe Car Design GmbH has no influence on Tüv approvals or general operating permits (ABE) of vehicle parts. These are only contractually owed by Schawe Car Design GmbH if this has been expressly contractually agreed in individual cases. The installation of parts which do not have a TÜV approval or general operating permit may lead to the expiry of the operating permit. An inspection to this effect is not part of the contractual obligation when purchasing or installing vehicle parts, but must be expressly agreed in addition.

13. notes on data processing

All personal data associated with the ordering process is treated confidentially and used exclusively for contractual purposes within Schawe Car Design GmbH. In this regard, we refer to our special information on data processing to fulfill the information obligations in accordance with the Federal Data Protection Act and Basic Data Protection Regulation. This is located in a separate appendix under the data protection declaration.

14. Place of performance, place of jurisdiction and applicable law

German law applies exclusively to the business relationship between Schawe Car Design GmbH and the customer. Other national laws, as well as the UN Convention on Contracts for the International Sale of Goods, are not applicable.

The place of jurisdiction shall be based on the place of business of Schawe Car Design GmbH, if the customer is a merchant. However, Schawe Car Design GmbH is also entitled to sue the customer at his place of residence.

Should one or more provisions of the above terms and conditions not be or become legally effective or should there be a loophole in the provisions, the legal effectiveness of the remaining provisions shall not be affected. Any invalid provision will be replaced by a legally effective or complete provision that most closely corresponds to the contractual purpose intended by the parties.