General terms and conditions of Offroad Manni e.K., Wasserburger Str. 50a, D-83395 Freilassing.
1.1 These terms and conditions of „Offroad Manni e.K.“ (in the following called "seller"), are valid for all contracts which the customer closes with the seller, except contracts closed through Ebay. Customers are entrepreneurs (for the purposes of §14 Civil Code) as well as consumers (for the purposes of §13 Civil Code).
1.2 Exclusively the following general terms and conditions of the seller are valid. Different terms of other entrepreneurs are not accepted, unless confirmed in written form by the seller. The general terms and conditions of the seller are also valid for the future business with the customer.
2. Contract conclusion
2.1 The presentation of the goods in our online shop shows no juridically binding contract offer from us, but only non-binding requests to the customer to order goods. With the order of the desired product the customer hands in an offer obliging for him on conclusion of a sales contract. The customer hands in a binding contract offer, while he goes through the purchase checkout in our online shop successfully.
2.2 The order follows in the following steps:
1) Choice of the desired product.
2) Confirm by clicking the button „add to basket“.
3) Check of the specifications of the goods in the basket.
4) Click the button „continue to your order“.
5) Login for registered customers, or order without registration.
6) Enter the invoice address, address of delivery, method of delivery and payment.
7) Check the data ones more.
8) Send the order by clicking the button "order liable to pay".
2.3 The customer can go back and modify the order by clicking the button "return" in the browser before sending the order. We confirm the order immediately by an automatically generated email. With this we accept your offer.
3.1 The quoted prices are gross prices in euro incl. the legal sales tax and are valid ex works. The shipment costs will be calculated while proceeding the checkout separately. Additional costs for international delivery (as for example taxes or customs) are not included in the price.
3.2 A net price charging without VAT for customers from EU countries is only possible if the the customer is an entrepreneur, and a valid VAT no. is provided.
4. Payment and delay
4.1 The seller delivers only for cash in advance. The payment is due immediately after contract conclusion. If we deliver cash on delivery, the payment is due by receipt of the products.
4.2 The seller is obliged to delivery only, after the receipt of the payment.
4.3 If the buyer is in the delay with the payment, the seller has the right to cancel the order after an adequate period.
4.4 The customer is entitled to the compensation only if the counterclaim is ascertained indisputable or is confirmed by the seller. The customer can use a retention right only, as far as it concerns demands from the same contractual relationship.
5.1 The goods are usually delivered to the destination which is stated by the customer in the checkout. Different specifications (f.e. an address stated in a Paypal transaction) are not decisive. If no separate destination is stated by the customer, the invoice address is valid as destination for delivery.
5.2 If a delivery is not possible to the customer, the transportation company sends back the goods to the seller. The customer has to bear the costs for the rerun. This is not valid if the customer was prevented temporarily to receive the delivery, unless the seller announced it an adequate time before.
5.3 Basically the risk of the accidental loss or accidental deterioration of the goods will be devolved to the customer when the customer or an authorized person receives it. If the customer is an entrepreneur, the risk of the accidental loss or accidental
deterioration of the goods will be devolved to the customer when the good leave our warehouse.
5.4 The offered delivery time begins with receipt of the payment by the seller.
6.1 The seller reserves himself the property in the delivered product up to the final balance of all existing and future accounts with the customer. In case of a payment delay the seller is authorized to tack back the goods. The taking back of the goods means no cancelation of the contract.
6.2 The customer is obliged to treat the product up to the devolve of the proprietary with the necessary care to prevent damage or destruction of the property of the seller. With offence the customer has to pay to the full compensation of the so resulted damage to the seller. The customer has to inform the seller if third parties try to score in property of the seller.
7. Revocation right
Consumers have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Offroad Manni e.K., Wasserburger Str. 50a, 83395 Freilassing, Telephone number: +49 8654 45799 210, Fax number: +49 8654 45799 219, E-Mail address: email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment for products that can be shipped via parcels, until these products are returned to us or until you have furnished proof that you have sent these products back to us, depending on whichever is earlier.
We collect the products that cannot be shipped via parcels.
You must return or transfer the products which can be shipped via parcels to usimmediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products which can be shipped via parcels before the expiry of the fourteen-day deadline.
You bear the direct costs for returning the products that can be shipped via parcels as well as the direct costs for returning the products that cannot be shipped via parcels. The costs for products that cannot be shipped via parcels are estimated at approximately maximum 89,90 euros.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
8.1 With the entitled and indisputable material defects which have already existed at the time when risk of the accidental loss or accidental deterioration of the goods is devolved to the customer the legal warranty rights are valid. Furthermore is valid:
8.2 If the customer is a consumer, the warranty period with new goods is two years from risk devolvement to the customer, with used goods it is one year.
8.3 If the customer is an entrepreneur,
- he can assert warranty claims only if he has fulfiled his investigation obligations according to §377 HGB,
- an inessential shortage justifies basically no shortage claims,
- the warranty period is one year for new goods,
- there is no warranty for used goods.
8.4 As far as a shortage is indicated, the customer must give us the opportunity to the audit of this shortage. The seller decides on the kind of the subsequent action. If the subsequent action follows through a spare delivery, the customer is obliged to send back the orginally delivered product within 30 days to the seller on his expenses. Furthermore the period of warranty does not begin by a spare delivery once more. If the seller does not manage a subsequent action within adequate period, the customer has the right on an adequate purchase price decrease or with essential shortages the right to perform redhibitory action. The customer is obliged to support the seller with the subsequent action.
8.5 The warranty is valid only for the shortages which appear under observance of the intended operating conditions and with normal use. Hence, it is not valid in particular for shortages which are caused by:
- Improper use the operating instructions contradicting use of the goods
- Improper, by the customer or his representatives carried out repair or servicing
- Natural wear as well as force majeure
- Chemical, electro-chemical or electric influence as well as insufficient energy supply
- The use of the goods in competitions or similar actions (f.e. motor sports, racing, etc.), as well as the use of the goods under other extreme conditions.
9. Restriction of liability
9.1 Compensation claims towards the seller are excluded, provided that they are not due to crassly roughly careless or deliberate behaviour. In particular we do not stick for the damages which are due to a regulation or official arrangement by countries. Also the liability for secondary damages and property damages, achieved savings, interest losses and damages from claims of third parties against the customer are excluded.
9.2 Compensation claims from the injury of precontractual care duties are excluded.
9.3 The possible recourse claims which contracting partners or third parties from the title "Product liability" against us are excluded, unless, the recourse beneficiary proves that the mistake was caused in our sphere and was at least roughly negligently.
9.4 If the seller sucked negligently a contract essential duties, the obligation to indemnify is limited for damages to property to the predictable, typically originating average damage. Essential contractual obligations are duties which the contract imposes on the seller after his content for the reaching of the contract purpose whose fulfilment generally only allows the proper realisation of the contract and may trust in their observance the customer regularly.
9.5 If the seller has injured negligently an inessential contractual obligation, the obligation to indemnify is limited to the respective order value.
9.6 The customer has to devolve the restrictions of liability also to his customers.
9.7 In spite of the preliminarily described restrictions of liability the seller for every legal argument sticks without limitation by the injury of the life, the body or the health, with intention or coarse carelessness, with guile and if compelling legal regulations apply.
9.8 If the customer can take up insurance by an own or in his favours taken out damage policy - for the damages for which we stick no matter what kind - the customer commits himself to the claim of the insurance performance and limits himself our liability in this respect on the disadvantages which originate to the customer from the claim of this insurance (f.e. insurance surcharge).
9.9 The seller is not liable for the contents of external links. For the content of the linked sites their operating authorities are responsible.
10.1 Personal data are only raised and stored if the customer enters it through the checkout process. These personal data will be used to handle inquiries and orders by the customer.
10.2 Later, the email address of the customer is used exclusively for own advertising purposes, provided that the customer has expressly agreed. The customer can contradict the use of his email address any time.
10.3 The personal data of the customer are transmitted within the scope of the checkout to the company commissioned by us, as far as this is necessary to the order fulfilment. Otherwise no personal data will be given to third parties.
10.4 After checkout the data of the customer are stored in view of periods for safekeeping according to tax law and relating to commercial law. Data will be canceled at the end of these periods, if the customer has not agreed to the other use of his dates expressly.
10.5 Continuing explanations to the data security within the scope of our online shop are retrievable under http://offroadmanni.eu/index.php?s=69.
11. Force majeure
11.1 The parties are released from the completion of contract in time all or part if they are hindered in it by events of Force majeure. As events of force majeure are valid excluding events which are unpredictable for the parties and inevitable and do not come from their sphere. However, strike and labour dispute is seen as an event force majeure.
11.2 In case of force majeure the parties have to make all efforts for the removal or decrease of the difficulties and foreseeable damages and to inform the opposition over here currently. Otherwise they will damage compared with the opposition indemnifiable. Deadlines which cannot be kept by having an effect of the force majeure are extended by the duration of the effects of the higher power or if necessary by a period to be fixed in the mutual agreement.
11.3 If a fact of force majeure continues longer than four weeks, the customer and the seller in the negotiating route will search a regulation of the liquidation-technical effects. Should no concerted solution be reached, besides, the parties can withdraw all or part from the contract.
12. Place of fulfilment and jurisdiction
12.1 The right of the Germany is valid for all legal relations of the parties to the exclusion of the laws about the international purchase of movable goods. With consumers this legal choice does not apply, if there are compelling laws in the country of the customer.
12.2 If the customer is an entrepreneur, exclusive legal venue for all litigations from this contract is the business location of the seller. The same is valid if the customer has no general legal venue in Germany or the EU or residence or usual stay is not known at the time of the complaint elevation.
12.3 The seller is authorised to go to a court in another legal venue.
12.4 The language for contracts with customers from Germany, Austria and Switzerland is German. With contracts with customers from other countries English can be also chosen.
13. Information about the decree regarding batteries
13.1 According to §18 BatterieG we inform that,
- batteries can be returned after use in the point of sale free of charge,
- the final user is obliged to the return of old batteries legally,
- which meaning the symbol have according §17 paragraph 1 battery law and the signs after §17 paragraph 3.
13.2 If batteries are sent to the seller, the package is to be franked enough.
13.3 The symbol „crossed garbage container“ means that it concerns treacly metalliferous, pollutant-containing batteries which may not be decontaminated with the easy house rubbish or trade rubbish. The abbreviations located under the symbol mean:
"CD" (cadmium), "Li" (lithium) / "Li ion" (lithium ions), "Ni" (nickel), "Mh" (metalhydrid), "Pb" (lead), "Zi" (zinc).
14. Final provisions
14.1 If the customer is a consumer the preceding regulations are only valid, as far as the consumer protection act does not intend compelling regulations.
14.2 The ineffectiveness of a regulation of these general terms and conditions does not touch the validity of the remaining regulations. Rather the ineffective regulation is to be substituted after the principles by such an effective regulation which can cause the economic success aimed with the ineffective regulation soonest.