306 293 80 20
1. Conclusion of contract and content of contract
1.1. These terms and conditions apply exclusively. The customer's terms and conditions of business and purchasing are expressly contradicted. Deviating agreements require the express written consent of the seller.
1.2. Offers from the seller are generally subject to change and non-binding until the contract is concluded. The customer is bound to his order for 8 weeks from receipt by the seller. A contract is concluded when the seller confirms acceptance in writing or carries out delivery within this period.
1.3. In the interest of further technical development, we reserve the right to make design and execution changes even after the order has been accepted, provided this is reasonable for the customer.
2. Prices
The price lists valid at the time the contract is concluded apply. Prices apply ex works plus applicable statutory sales tax.
3. Payment / late payment
3.1. Payments must be made net within 30 days. For foreign transactions and first-time deliveries, the seller is entitled to demand advance payment or to deliver cash on delivery.
3.2. Payment orders, checks and bills of exchange will only be accepted after special agreement and as payment, subject to the calculation of all collection and discount charges. For instructions, payments are deemed to have been made when they are credited to the account, and for checks and bills of exchange when they are cashed.
3.3. In the event of late payment, interest of 5% pa above the respective base interest rate of the European Central Bank will be charged, plus statutory sales tax. They must be set higher or lower if the seller proves a higher charge or the customer proves a lower charge.
3.4. If the customer defaults on a payment, all other claims of the seller also become due for payment immediately. Furthermore, advance payment may be required for deliveries that have not yet been made.
3.5. The seller is entitled to initially offset payments against the customer's older debts, despite the customer's provisions to the contrary. If costs and interest have already been incurred, the seller is entitled to offset the payment first against the costs, then against the interest and finally against the main claim.
3.6. The customer can only set off against the seller's claims if the customer's counterclaim is undisputed or legally established. The customer only has a right of retention if the conflicting claims arise from the same contractual relationship.
4. Delivery
4.1. Delivery dates or delivery periods must be stated in writing.
4.2. The customer can request the seller in writing to deliver within a reasonable period of time 6 weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. With this reminder, the seller is in default. In addition to delivery, compensation for damage caused by the delay can only be demanded if the seller is guilty of intent or gross negligence. In the event of default, the customer can also give the seller a reasonable grace period in writing with a threat of rejection. If the grace period has expired without success, the customer is entitled to withdraw from the contract in writing or to demand compensation for non-performance. If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract is part of the operation of his commercial business, he is only entitled to a claim for damages in the event of intent or gross negligence on the part of the seller.
4.3. Force majeure, riots, strikes, lockouts and significant operational disruptions through no fault of our own change the aforementioned dates and deadlines by the duration of the resulting service disruptions.
4.4. Information in descriptions of the subject matter of the contract valid at the time of conclusion of the contract are part of the contract; They are not guaranteed properties, but serve as a benchmark for determining whether the subject matter of the contract is free of defects in accordance with Section 6.
4.5. The seller is entitled to partial deliveries.
5. Transfer of risk / shipping
5.1. If the customer is a merchant who is not one of the traders specified in Section 4 of the Commercial Code, a legal entity under public law or a special fund under public law, the place of performance is the seller's registered office. In all other cases, the customer is entitled to inspect the contractual item at the agreed acceptance location within 8 days of receipt of a notification of availability and is obliged to accept the contractual item within this period.
5.2. If the subject matter of the contract is delivered to a location other than the seller's headquarters at the customer's request, the transfer of risk occurs upon handover to the transport company and leaving the seller's warehouse. The conclusion of transport or other insurance is left to the customer.
5.3. If the customer intentionally or grossly negligently delays acceptance for more than 14 days from receipt of the notice of availability, the seller can declare in writing a 14-day grace period with a threat of rejection. If the grace period has expired without success, the seller is entitled to withdraw from the contract in writing or to demand compensation for non-performance. There is no need to set a grace period if the customer seriously and definitively refuses acceptance or is obviously unable to pay the contract price within this period.
5.4. If the seller demands compensation, this amounts to 25% of the contract price. The amount of damage must be set higher or lower if the seller proves higher damage or the customer proves lower damage. Does the seller exercise the rights in accordance with Section 5.3. and 5.4. no use, he can freely dispose of the contractual object and deliver a similar contractual object in its place under the contractual conditions.
6. Warranty
6.1. The seller guarantees that the goods are free from errors in accordance with the current state of the art for the type of contractual object. Complaints due to defects, incorrect deliveries and/or quantity deviations must be made to the seller immediately in the case of obvious defects, but at the latest within 5 days of receipt of the goods.
Defects that cannot be discovered within this period even after careful inspection must be reported to the seller immediately after discovery, but no later than 3 months after receipt of the delivery.
6.2. Claims for material defects must be reported in writing. For this purpose, the seller's complaint log must be consulted and filled out completely. If the seller is not given the opportunity to provide subsequent performance, the seller is released from liability for material defects.
6.3. The buyer's claims due to material defects expire two years from the handover of the item, unless otherwise stipulated in individual cases.
6.4. In the event of a new delivery, the buyer is obliged to return the purchased item in accordance with the withdrawal regulations. Compensation for use is required. However, if things have deteriorated significantly, the buyer cannot return the purchased item. In this respect, he must pay compensation for the deterioration in accordance with Section 346 Paragraph 2 No. 3 BGB.
6.5 In the event of an unjustified complaint of defects, the seller is entitled to demand reimbursement of the additional expenses incurred by the buyer.
6.6. The seller has the right to supplementary performance. The customer must assert the claims against the seller. The object of the contract in question must be sent to the seller immediately, if possible in the original packaging, stating the complaint. Subsequent fulfillment is carried out according to technical requirements by replacing or repairing defective parts. Replaced parts become the property of the seller. If the error cannot be eliminated or if a replacement delivery by the seller is not possible, the customer can instead demand a reduction or withdraw from the contract.
6.7. Warranty obligations do not apply if the error that occurred is causally related to the fact that the customer did not report an error in a timely manner and did not immediately provide the opportunity for subsequent performance, the subject matter of the contract was treated improperly or was overstressed, the seller's operating or maintenance instructions were not followed, or The subject matter of the contract has previously been repaired or maintained in a company other than that of the seller, or parts have been installed in the subject matter of the contract whose use the seller has not approved, or the subject matter of the contract has been modified by the customer or third parties in another manner not approved by the seller. Natural wear and tear is excluded from the warranty.
6.8. Warranty obligations also do not apply to defects that are due to negligent or improper treatment by the consumer or a third party. This includes curb damage, stone chip damage and damage that can be traced back to third-party causes. The deformation caused by curb damage and the like can lead to surface curvature. This means that the clear coat can lose tension and permeability. The result of this is paint peeling, corrosion and oxidation, which cannot be attributed to a quality defect. The seller is not obliged to repair damage that is obviously due to improper use and therefore the fault of the buyer.
6.9. Warranty claims against the seller are only available to the direct customer and cannot be assigned.
6.10 In the event of improper care, we do not accept any guarantee, warranty or claims for damages! Depending on use, the rims should be cared for once a week with lukewarm water and PH-neutral cleaning agents and a microfiber cloth or a soft sponge.
6.11. If the claim for liability for material defects is rejected, we will send the complained goods back to the customer with the freight costs incurred.
7. Retention of title
7.1. Contractual items remain the property of the seller until the claims to which the seller is entitled based on the contract have been settled. The retention of title also remains in effect for all claims that the seller subsequently acquires against the customer in connection with the subject matter of the contract.
7.2. If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract is part of the operation of his commercial business, the retention of title also applies to all other claims of the seller from ongoing business relationships with the customer.
7.3. The customer is entitled to resell or process the reserved goods in the normal course of business against immediate payment or subject to retention of title.
7.4. As long as the retention of title exists, pledging, transfer of security, rental or other transfer of the subject matter of the contract that impairs the security of the seller is only permitted with the prior written consent of the seller. The customer stores the item for the seller free of charge.
7.5. For security reasons, the customer assigns his claim against the third-party debtor from the resale or processing of the reserved item with all ancillary rights up to the amount of the invoice to the seller with the authority to collect the claim. The seller accepts the assignment now. If the value of this security exceeds the amount of the seller's claim by more than 20%, the seller will release the security at the customer's request. Until revoked, the customer is entitled to collect the claims assigned to the seller in trust and on behalf of the seller. The collected proceeds are entitled to the seller and must be delivered to him. At the seller's request, the customer is obliged to announce the assignment to the third party and to provide the information necessary to assert the seller's rights against the third party.
7.6. The customer must immediately inform the seller of access to the reserved goods and any impairment of his rights by third parties and support the seller in every way in the intervention. The customer bears the costs of measures to preserve or secure the seller's property.
7.7. The taking back or seizure of the reserved goods by the seller does not constitute a withdrawal from the contract.
8. Liability
8.1. If the customer is not a merchant or the contract is not part of his commercial business, the seller's liability is excluded for damages that are based on a breach of contract committed by the seller himself, his legal representative or his vicarious agent through ordinary negligence. This exclusion of liability does not apply if the contractual obligation is an essential contractual obligation.
8.2. Otherwise, liability is limited to the average, foreseeable damage that is typical for the contract; as such, a maximum of the amount of the consideration for the specific delivery or service applies.
8.3. If the customer is a merchant or if the contract is part of the operation of his commercial business, the seller is liable exclusively
- in full in the event of his own gross negligence, or in the event of gross negligence on the part of legal representatives or senior employees;
– basically in the case of any culpable violation of essential contractual obligations and outside of this basically in the case of gross negligence on the part of a simple vicarious agent. In these cases liability is in accordance with 8.2. limited.
8.4. These limitations of liability apply to all damages, in particular those resulting from the breach of pre-contractual obligations, advice obligations and positive breaches of claims, as well as damages resulting from repairs or replacement deliveries.
8.5. The warranty rights in accordance with Section 6 remain unaffected. Claims due to delayed delivery are conclusively regulated in Section 4.
9. Cancellation policy
9.1. Right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured, assembled or adapted according to customer specifications. This applies in particular to complete wheels (rims with fully assembled and balanced tires) as well as to specially manufactured rims with desired colors or shapes.
Consequences of revocation
If you revoke this contract, we will charge you 15% restocking costs plus applicable freight costs when we collect the goods. Used goods (e.g. with traces of assembly) as well as defective goods are completely excluded from return.
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations in accordance with Section 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to:
BERLIN TIRES Europa GmbH
Holzhauser Str. 182
13509 Berlin
Germany
Tel: +49 (0) 30 – 62 93 80 20
Fax: +49 (0) 30 – 62 93 80 299
Email: [email protected]
Internet: www.berlintires.com
9.2. Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. Transportable items are to be returned at our risk. You have to bear the regular costs of returning the goods if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or, if the price of the item is higher, you have not yet received the consideration or one at the time of cancellation have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation declaration or the item, and for us when we receive it.
10. Withdrawal
The seller can withdraw from the contract until the goods have been dispatched if the customer behaves in a significant manner in breach of contract or if his financial situation deteriorates significantly.
11. Place of jurisdiction, applicable law
11.1. The place of jurisdiction is the registered office of the seller if the customer is a registered merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany or moves his domicile or usual place of residence outside the scope of the Civil Procedure Code or his domicile or usual place of residence at the time is not known when the lawsuit is filed. The legally regulated place of jurisdiction for initiating a dunning procedure remains unaffected.
11.2. It is basically the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (Convention of April 11, 1980) is expressly excluded.
12. Final provisions
12.1. The seller is entitled to process the data received about the customer regarding or in connection with the business relationship in accordance with the Federal Data Protection Act.
12.2. If individual points of these conditions are invalid, this will not affect the effectiveness of the remaining provisions. The invalid provision is replaced by the valid provision that comes closest to the invalid provision in terms of its economic effects.
Berlin, October 29, 2019
BERLIN TIRES Europa GmbH
Holzhauser Str. 182
13509 Berlin
Germany