Terms and Conditions

I. General terms and conditions

Basic provisions
1. The following terms and conditions apply to all contracts that you (hereinafter referred to as “Customer”) conclude with Premium Wheels GmbH (hereinafter referred to as “Provider”) via the website https://felgenankauf24.com.
2. A consumer within the meaning of the following provisions is any natural person who concludes the sale of rims for purposes that are predominantly not attributable to his or her commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a contract for the purchase of rims, acts in the exercise of his or her independent professional or commercial activity.
3. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions, if any, is objected to.

Formation of the contract
1. The subject of the contract is the purchase of rims/complete wheels.
2. A compilation of the rims purchased from the supplier and the products not purchased from the supplier can be found at https://felgenankauf24.com.
3. The customer submits an offer to purchase (used) rims to the supplier by going through the corresponding purchase process on the website https://felgenankauf24.com. The purchase contract is concluded as follows: The customer submits an offer to the supplier to purchase (used) rims. The purchase contract is concluded as follows:
  1. The rims intended for sale are named by the customer via the entry form and described as well as their condition.
  2. Before sending the offer, the customer has the possibility to check all details again, to change them (also via the “back” function of the Internet browser) or to cancel the request for the offer.
  3. By submitting the offer via the “Request offer” button, the customer declares the request for an offer. The requests for a quotation are non-binding for the customer.
  4. On the basis of the product and condition description as well as the submitted image material, the seller shall make the customer a legally binding offer on the purchase price by e-mail or by telephone within 24 hours.
  5. The customer may accept this offer within five days. Upon acceptance of the offer of the provider by the customer by e-mail or telephone, the purchase contract is concluded.
4. The offer of the supplier is subject to the resolutory condition that the information provided by the customer on the rims is correct. If the information provided by the customer deviates from the actual condition of the rim, the offer of the supplier shall lapse.
  1. The provider will submit a new offer to the customer within 24 hours.
  2. The customer may accept this offer within five days. Upon acceptance of the offer of the provider by the customer by e-mail or telephone, the purchase contract is concluded.
5. If the customer offers several rims for purchase, a separate purchase contract shall be concluded for each individual rim.
6. The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, partly automatically. The customer must therefore ensure that the e-mail address he/she has deposited with the provider is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

Dispatch, sending costs and transport risk
1. The customer shall make the submission within two weeks after receipt of the offer.
2. The sending of the rims to be sold from Germany is free of charge for the customer, provided that the customer uses a franking slip provided by the supplier or that the goods are collected by the supplier or by a transport company commissioned by the supplier. Collection from the customer by the supplier is only possible if the customer has his place of residence or establishment in Germany.
3. The transport risk, i.e. the risk of accidental damage or other deterioration or destruction of the rims for sale during transport, shall be borne by the customer. The transport risk shall not pass to the supplier until the properly packed rims are handed over to the supplier.
4. The rims to be sold shall be shipped at least using the packaging material provided by the supplier.

Return to the customer
1. If the rims have to be sent back to the customer by the supplier, e.g. because the rims do not correspond to the customer’s specifications and the customer rejects a new offer from the supplier, the customer shall bear the costs of the shipment. Shipping to the customer is at the risk of the supplier if the customer is a consumer as defined in 1.2.
2. In the event of return to the customer, the supplier shall bear the risk of transport in accordance with the statutory regulations.

Ownership of the rims for sale and indemnity
1. By accepting the offer, the customer assures the supplier that the latter is the legal owner of the rims that are the subject of the contract and is both entitled to sell them and to provide the supplier with ownership of them. At the same time, the customer assures the supplier that the rims to be sold are free of any third-party rights.
2. The customer shall indemnify the supplier against all claims of third parties which they assert on the basis of the infringement of their rights through the handling of the rims in accordance with the contract. In addition to claims for damages, the indemnity shall also include compensation for the reasonable costs of legal defence incurred due to the unlawful or improper performance by the customer. The indemnity is subject to the condition that a settlement or acknowledgement of third-party claims is only made with the prior written consent of the customer.

Payment of the purchase price
1. Payment of the agreed purchase price is made in advance by Pay Pal or after receipt of the goods by bank transfer.
2. The payment of the purchase price shall be made to a bank account within the European Union freely chosen by the customer or to a PayPal account to be named by the customer.
3. Any costs caused by the use of the payment method (e.g. PayPal fees) shall be borne by the customer.

Right of retention, reservation of title
1. The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
2. Upon arrival of the rims at the supplier, the supplier becomes the owner of the rims.
3. If the contract is reversed, the supplier remains the owner of the rims until full repayment of the amount paid by the supplier.
4. If the customer is an entrepreneur, the following shall apply in addition:
  1. The supplier retains ownership of the rims until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
  2. The customer may resell the goods in the ordinary course of business. In this case, he already now assigns all claims in the amount of the invoice amount accruing to him from the resale to the supplier, who accepts the assignment. The customer is further authorised to collect the claim. However, insofar as the customer does not properly fulfil his payment obligations, the supplier reserves the right to collect the claim himself.
  3. If the reserved goods are combined and mixed, the Supplier 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.

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 shall not apply to culpably caused damage attributable to the supplier arising from injury to life, limb or health and grossly negligent or wilful damage or fraudulent intent on the part of the supplier, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.

Liability
1. The supplier shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, the supplier is 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.

1. Liability for defects within the scope of the statutory warranty is governed by the corresponding provision in the Customer Information (Part II) and General Terms and Conditions (Part I).
2. Insofar as essential contractual obligations are affected, the liability of the provider in the case of slight negligence shall be 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 the provider 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 the customer may regularly rely on.
3. In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
4. 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, the provider is liable neither for the constant nor uninterrupted availability of the website and the service offered there.

Choice of law, place of performance, place of jurisdiction
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 place of performance for all services arising from the business relations existing with the provider as well as the place of jurisdiction is the provider’s registered office, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. The right to also invoke the court at another statutory place of jurisdiction remains unaffected by this.
3. The provisions of the UN Sales Convention expressly do not apply

II. Customer information

Identity of the provider

PremiumWheels GmbH
Managing Director: Fabian Wanitschke
Agnes-Bluhm-Straße 13a
18442 Wendorf
HRB 21069

Phone:03831-4820984

email: info@felgenankauf24.com

The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec.europa.eu/odr.

Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with section 2. of the General Terms and Conditions (Part I.).

Contract language, contract text storage
1. The contractual language is German.
2. The complete text of the contract is not stored by the supplier. Upon receipt of the offer e-mail, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by the provider, the order data, the legally required information for distance contracts and the General Terms and Conditions shall be sent to the customer again by e-mail.

Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on the website of the supplier.

Prices and payment modalities
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.
2. The shipping costs are included in the purchase price.
3. If the rims are returned to the customer and the reason for the return lies with the customer, the customer shall bear the shipping costs.

Delivery conditions
1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found in section 3. of the General Terms and Conditions.
2. Insofar as the customer is a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item during shipment shall not pass to the customer until the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured. This does not apply if the customer has independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
3. If the customer is an entrepreneur, delivery and shipment shall be at the customer’s own risk.

Statutory liability for defects
1. Liability for defects for contracts with the supplier is governed by the “Warranty” provision in the General Terms and Conditions (Part I).
2. As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the carrier of any complaints as soon as possible. If the customer does not comply with this, this shall have no effect on his statutory warranty claims.