(1) Our General Terms and Conditions of Business (hereinafter also referred to as: “GTC”) shall apply to all contracts concluded by us with our customers which are concluded via the Internet (online shop) taking into account the special provisions applicable thereto in these GTC or in any other manner. Our GTC contain the terms and conditions that apply exclusively between us, Tyremotive, and our contractual partners (hereinafter also referred to as: “Customer”), unless these are amended by written agreements between the parties. Any conflicting or deviating terms and conditions of the Customer shall only be binding if we have accepted them in writing. Our terms and conditions shall also apply if we carry out the delivery in the knowledge of conflicting or deviating terms and conditions of the customer.
(2) As a matter of principle, the goods shall only be sold to entrepreneurs. Tyremotive reserves the right to sell to consumers in individual cases.
(3) Pursuant to § 14 of the German Civil Code (BGB), an “entrepreneur” shall be a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
(4) The provisions of the Terms and Conditions apply – unless otherwise expressly stipulated – both to consumers and to entrepreneurs.
(5) Tyremotive shall neither create nor store the text of the contract.
II. Conclusion of contract – scope of delivery – written form
(1) The presentation of our goods on the Internet (www.tyremotive.de) does not constitute a binding offer. Only the order placed by the customer shall bind him in accordance with § 145 BGB (German Civil Code). In the event of acceptance by us, we shall send the orderer an order confirmation by e-mail, fax or normal post. This shall also apply to other orders and other forms of presentation of goods, in particular in general price/goods information, our catalogues, in our advertising and in customer letters, unless and insofar as these are expressly designated by us as a binding offer. If, in the case of orders that are not Internet orders, we do not issue an order confirmation in text form by way of exception, the contract shall be concluded at the latest with our delivery within the acceptance period.
(2) Our order confirmation shall be decisive for the type and scope of delivery. We are entitled to partial performance to a reasonable extent.
(3) The goods ordered via our website www.tyremotive.de are delivered in the designs, dimensions, weights, colourings and minimum quantities specified in our online shop (hereinafter “Online Shop”). Information in our online shop does not constitute a guarantee promise of any kind whatsoever. We reserve the right to make changes in the sense of technical progress or due to changes in legal regulations during the delivery period, provided that the delivery item is not significantly changed and the changes are reasonable for the customer. The same applies to all other orders for information on our website, in our catalogues and in our advertising.
(4) We reserve the right to refrain from confirming the order if the goods ordered are no longer available from us.
(5) Verbal subsidiary agreements have not been made.
III. Transfer of risk, acceptance
(1) The risk shall pass to the Purchaser upon dispatch of the item when the item is handed over to the person carrying out the transport or when the goods have left the Seller’s warehouse for the purpose of dispatch. If dispatch is delayed or becomes impossible for reasons for which the buyer is responsible, the buyer shall bear the risk from the time of readiness for dispatch. The costs incurred by storage shall be charged to the buyer. After setting a deadline and its fruitless expiry, we may use the delivery item for other purposes and supply the purchaser from new production. The above provisions shall not apply if the customer is a consumer within the meaning of § 13 BGB (German Civil Code). In the event of a purchase of consumer goods, the risk shall pass to the orderer upon handover.
(2) The customer is obliged to accept the goods. If the orderer is in default of acceptance, the seller shall be entitled to demand compensation for the resulting damage.
IV. Prices, price changes, due date, terms of payment
(1) The prices stated in our online shop, or in the order confirmation for other orders, are ex works. In the case of contracts with an agreed delivery period of more than four months, we reserve the right to increase the prices in accordance with the cost increases that have occurred due to collective agreements or material price increases. If the increase amounts to more than 5% of the agreed price, the customer shall have the right to terminate the contract.
(2) Any shipping and packaging costs incurred shall depend on the shipping method selected by the customer and shall be listed in the online order or, in the case of other orders, in the order confirmation. The costs will be invoiced by us and shown separately therein. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(3) If the customer is in default of payment, we shall be entitled to charge default interest. The statutory provisions shall apply. We reserve the right to claim further damages.
(4) The purchase price shall become due upon receipt of our order confirmation. Payment shall generally be made by invoice, direct debit order, credit card (Visa or Mastercard) or against prepayment (Sofortüberweisung). additional costs for certain means of payment shall not arise.
V. Delivery area, delivery period
(1) We deliver exclusively within the Federal Republic of Germany.
(2) The agreed delivery period begins with the dispatch of the order confirmation by us.
(3) The delivery period shall be deemed to have been complied with when we hand over the consignment to the person carrying out the transport or when the consignment has left our warehouse for the purpose of dispatch, in the case of the sale of consumer goods when the consignment is handed over or when an attempt is made to hand over the consignment at a time when the customer could expect the consignment to be handed over.
(4) All events of force majeure as well as all events for which we are not responsible shall release us from the fulfilment of the contractual obligations assumed for as long as these events continue. We are obliged to inform the customer immediately in writing if such an event occurs; at the same time, we are obliged to inform the customer how long such an event is expected to last. Any shipping costs incurred are listed in the product description and are to be borne by the customer. They shall be shown separately on the invoice. We shall bear the packaging costs. Any shipping and packaging costs incurred shall depend on the shipping method selected by the customer and shall be listed as part of the online order or, in the case of other orders, in the order confirmation. Tyremotive reserves the right to change the selected shipping method at its own expense and at its own discretion.
(1) We guarantee that the ordered goods leave the warehouse in a condition in which they are suitable for normal use and which the buyer can expect according to the type of item. Furthermore, no quality has been agreed between the contracting parties, nor is any specific use of the item presumed. The buyer is independently responsible for the assembly of the goods.
(2) We reserve the right to make minor changes or deviations in structure or colour, provided that the changes or deviations are reasonable for the purchaser. The customer is aware that in the case of an order via the Internet, the colour representation of the goods may deviate from the actual colour due to the resolution of his screen and that this does not constitute a warranty obligation.
(3) The warranty does not cover the elimination of defects caused by external influences, improper handling contrary to the information in the operating and maintenance instructions handed over to the customer with the delivery of the goods or by overloading of the goods.
(4) Complaints about goods that are obviously not free of defects must be made in writing within two weeks of receipt of the goods. In the event of a warranty claim, we shall be entitled, at our discretion, to rectify the defect or to make a replacement delivery. Should a repair or replacement delivery fail, the purchaser may, at his discretion, demand a reduction in price or withdraw from the purchase contract. The statutory provisions shall apply to consumers.
(5) All further claims of the purchaser are excluded; this applies in particular to claims for compensation for damage that has not occurred to the delivery item itself. This exemption from liability does not apply to damages resulting from injury to life, body or health and furthermore does not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if and to the extent that the claim for damages is based on a written warranty of quality which includes the risk of consequential harm caused by a defect. Furthermore, it shall not apply if an essential contractual obligation has been culpably violated.
IIX. Other liability
(1) The exemption from liability specified in clause VIII. shall also apply to all other claims to which the customer is entitled against us – irrespective of the legal grounds.
(2) Liability in accordance with the provisions of the Product Liability Act remains unaffected.
(3) Insofar as our liability is excluded or limited in the foregoing, this shall also apply to any claims which the customer asserts against us on account of conduct by our staff, employees, workers, deputies and vicarious agents which is in breach of duty.
IX. Retention of title
(1) The object of purchase shall remain our property until settlement of the claims to which we are entitled on the basis of the purchase contract. If the purchaser is a merchant within the meaning of the German Commercial Code (HGB), we retain ownership of all delivery items until receipt of all payments arising from the business relationship.
(2) The customer is obliged to treat the object of sale with care.
(3) In the event of seizures or other interventions by third parties, the purchaser must inform us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
(4) The customer shall be entitled to resell the delivery items in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount of the purchase price claim owed by him (including value added tax), which accrue to him from the resale against his customers or third parties, irrespective of whether the delivery items have been resold without or after processing. The customer shall remain authorised to collect these claims even after the assignment. Our authority to collect the claims ourselves remains unaffected by this. We undertake not to collect the claims ourselves as long as the customer meets his payment obligations in accordance with the contract and no application for the opening of insolvency proceedings has been filed. If one of the last-mentioned circumstances has occurred, the customer shall, at our request, provide us with all information necessary for the collection of the assigned claim and hand over the relevant documents as well as notify the debtors (third parties) concerned of the assignment.
(5) In the event that the realisable value of the securities to which we are entitled exceeds the claims to be secured by more than 20%, we shall be obliged to release the securities to which we are entitled to this extent at the request of the customer. The selection of the securities to be released shall be incumbent upon us.
(6) The processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered under reservation of title.
(7) If the object of sale is inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other mixed objects at the time of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis. The customer shall hold the sole ownership or co-ownership thus created in safe custody for us.
X. Place of performance/place of jurisdiction
(1) The place of performance is our registered office.
(2) For all disputes arising from or in connection with this contract, legal action shall be brought before the court having jurisdiction for our principal place of business, provided that the customer is a registered trader, a legal entity under public law or a special fund under public law. We reserve the right to sue the customer at the court having jurisdiction over his place of residence.
(3) The law of the Federal Republic of Germany shall apply to this contract; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
XI. Transport damage
If the customer detects damage to the packaging (transport damage), he must have the damage certified by the carrier upon acceptance of the goods.
XII. Data protection for internet orders
When orders are placed in our online shop, we are entitled to collect and process the customer’s personal data in accordance with the “Information on data protection and your privacy” available for download and print on our website. The customer data is stored on our SQL server.
XIII. Packaging Ordinance
In accordance with the regulations of the Packaging Ordinance, we are obliged to take back packaging of our products that does not bear the mark of a system of comprehensive disposal (such as the “Green Dot” of Duales System Deutschland AG or the “RESY” symbol) and to ensure its reuse or disposal. For further clarification on the return of such products, please contact us.
(1) Transfers of rights and obligations of the purchaser from the contract concluded with us require our written consent to be effective.
(2) Should individual provisions of this contract be ineffective or contradict the statutory regulations, this shall not affect the rest of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by such a provision which comes closest to the economic sense and purpose of the ineffective provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes.
(3) By agreeing to the Tyremotive GTC, you allow us (until revoked by you) to send you information by email.