I. General Terms and Conditions of Business
- Basic provisions
The following terms and conditions apply to all contracts that you (hereinafter referred to as “customer”) conclude with Fabian Wanitschke (hereinafter referred to as “provider”) via the internet site https://felgenankauf24.com.
Consumer in the sense of the following regulations is every natural person who concludes the sale of rims for purposes that cannot be predominantly attributed to his commercial or self-employed 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.
Unless otherwise agreed, the inclusion of any of the Customer’s own terms and conditions is hereby rejected.
- Conclusion of the contract
The subject of the contract is the purchase of rims.
A compilation of the rims which are bought from the supplier or the products which are not bought from the supplier can be found on https://felgenankauf24.com.
The Customer submits an offer to the Provider to purchase (used) rims by going through the relevant purchase process on the website https://felgenankauf24.com. The purchase agreement is concluded as follows:
The rims intended for sale are named and described by the Customer using the entry form and their condition.
Before sending the offer, the Customer has the opportunity to check and change all details again (also via the “back” function of the Internet browser) or to cancel the request for the offer.
By sending the offer via the button “request offer” the Customer declares the request for an offer. Requests for quotation are not binding for the customer.
On the basis of the product and condition description as well as the transmitted photographic material, the Supplier shall make the Customer a legally binding offer on the purchase price by e-mail or by telephone within 24 hours.
The Customer may accept this offer within five days. Acceptance of the Supplier’s offer by the Customer by e-mail or telephone shall constitute the conclusion of the purchase contract.
The offer of the supplier is subject to the resolutory condition that the information provided by the customer regarding the rims is correct. If the information provided by the Customer deviates from the actual condition of the rim, the offer of the Provider shall not apply.
The Provider shall submit a new offer to the Customer within 24 hours.
The Customer may accept this offer within five days. With the acceptance of the offer of the supplier by the customer by e-mail or telephone, the purchase contract is concluded.
If the Customer offers several rims for purchase, a separate purchase contract is concluded for each individual rim.
The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. The Customer must therefore ensure that the e-mail address he has deposited with the Provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
- Shipping, sending costs and transport risk
The customer has to send in the offer within two weeks after receipt.
The sending in of the rims to be sold from Germany is free of charge for the customer, provided that the customer uses a franking ticket provided by the provider or a collection of the goods is carried out by the provider or by a transport company commissioned by the provider. A collection at the Customer’s premises by the Provider is only possible if the Customer has his residence or branch office in Germany.
The transport risk, i.e. the risk of accidental damage or other deterioration or destruction of the rims to be sold during transport, is borne by the Customer. The transport risk shall not pass to the Provider until the properly packed rims are handed over to the Provider.
The dispatch of the rims to be sold must at least be carried out using the packaging material provided by the Provider.
- Return to the customer
If the rims have to be sent back to the Customer by the Provider, e.g. because the rims do not correspond to the Customer’s specifications and the Customer rejects a new offer from the Provider, the Customer shall bear the costs of shipment. The dispatch to the Customer is at the risk of the Provider if the Customer is a consumer within the meaning of 1.2.
In case of return to the Customer, the Provider shall bear the risk of transport in accordance with the statutory provisions.
- Ownership of the rims for sale and exemption
By accepting the offer, the Customer assures the Provider that the Provider is the rightful owner of the contractual rims and is both entitled to sell them and to provide the Provider with ownership of them. At the same time the Customer assures the Provider that the rims to be sold are free of any rights of third parties.
The Customer shall indemnify the Provider from all claims of third parties which they assert due to the infringement of their rights by the contractual handling of the rims. In addition to claims for damages, the indemnification also includes the reimbursement of reasonable costs for legal defence, which arise due to the illegal or improper performance by the customer. The indemnification presupposes that a settlement or acknowledgement of third party claims will only be made with the prior written consent of the customer.
- Payment of the purchase price
Payment of the agreed purchase price is made in advance by Pay Pal or after receipt of the goods by bank transfer.
Payment of the purchase price is made to a bank account within the European Union of the customer’s choice or to a PayPal account to be named by the customer.
Any costs incurred by using the payment method (e.g. PayPal fees) shall be borne by the Customer.
- Right of retention, retention of title
The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
With the arrival of the rims at the supplier, the supplier becomes the owner of the rims.
If the contract is rescinded, the Provider shall remain the owner of the rims until the full amount of money paid by the Provider has been repaid.
If the customer is an entrepreneur, the following applies in addition:
The Provider reserves the right of ownership of the rims until all claims from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
The Customer may resell the goods in the ordinary course of business. In this case, he hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the supplier, who accepts the assignment. The customer is further authorised to collect the claim. If the customer does not properly fulfil his payment obligations, however, the provider reserves the right to collect the claim himself.
If the goods subject to retention of title are combined or mixed, the Supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
The statutory rights to liability for defects exist.
In the case of used goods, the warranty period is one year from delivery of the goods, in deviation from the legal regulation. The one-year warranty period shall not apply to culpably caused damages attributable to the provider arising from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent on the part of the provider, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
The provider is liable without limitation for damages resulting from injury to life, body or health. Furthermore, the Provider 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 assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
The liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in the Customer Information (Part II) and General Terms and Conditions (Part I).
If essential contractual obligations are affected, the liability of the Provider is limited to the contract-typical, foreseeable damage in the case of slight negligence. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract, as well as obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.
In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the Provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
- Choice of law, place of performance, place of jurisdiction
German law applies. 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 thereby withdrawn (principle of favourability).
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 if the customer is not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual abode is not known at the time the action is filed. This shall not affect the authority to also call upon the court at another legal place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
- Identität des Anbieters
Managing Director: Fabian Wanitschke
Agnes Bluhm Straße 13a
The European Commission provides an online extra-judicial dispute resolution platform (OS Platform), available 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 possibilities of correction are carried out in accordance with section 2. of the General Terms and Conditions (Part I.).
- Contract language, contract text storage
Contract language is German.
The complete text of the contract is not stored by the provider. Upon receipt of the offer e-mail, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by the Provider, the order data, the legally required information for distance selling contracts and the General Terms and Conditions of Business will be sent to the Customer again by e-mail.
- Essential characteristics of the product or service
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on the supplier’s website.
- Prices and terms of payment
The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
The shipping costs incurred are included in the purchase price.
If the rims are returned to the customer and the reason for the return is the customer’s responsibility, the customer must bear the shipping costs.
- Terms of delivery
The terms of delivery, the delivery date and any existing delivery restrictions can be found in Section 3. of the General Terms and Conditions.
If the customer is a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods during shipment is only transferred to the customer when the goods are handed over to the customer, irrespective 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 Company or another person designated to carry out the shipment.
If the Customer is an entrepreneur, the delivery and dispatch is at the Customer’s own risk.
- Legal liability for defects
Liability for defects in contracts with the Provider is governed by the “Warranty” provision in the General Terms and Conditions (Part I).
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 Provider and the carrier of any complaints as soon as possible. If the customer does not comply with this, this has no effect on his legal warranty claims.