General Terms and Conditions
General Terms and Conditions for the Sale of Goods
Status December 2010
We offer you a comprehensive information platform for car and (light) commercial vehicle tyres from numerous manufacturers. In addition, you also have the opportunity of ordering the selected tyres in our online shop and shipping
these to a selected address. We process your order exclusively on the basis of the following General Terms and Conditions (GT&C). Terms that contradict the GT&C or deviate from or supplement them in any way, in particular deviating GT&Cs of the customer, shall only become contractual components where this is agreed separately in writing.
1. Conclusion of the contract
Our offers are non‐binding. Your order is a binding offer. We may accept this offer via confirmation of order or via delivery of the goods within 14 days.
2. Prices – payment – delivery
All data, product descriptions and prices listed serve solely as non‐binding information, errors excepted. The prices
displayed are always exclusive of value‐added tax. We will charge transport costs for delivery to you or a requested
address. Delivery is only made with payment in advance, i.e. following receipt of payment to our bank account, the
number of which we will state to you with your order. Payment with cash or cheque is unfortunately not possible. We are not liable for any loss of such payment. Should you be in default of payment, then we shall be entitled to charge default interest to the amount of 5 percentage points above the base rate stated by the Deutsche Bundesbank. If we are proven to have incurred a higher default loss, then we shall be entitled to recover this from you. Our offers are subject to confirmation, errors and amendments excepted. We reserve the right to undertake amendments to design and profile as a result of improvements in technology or statutory requirements during the delivery, so long as the object is not significantly altered and the amendment is not contrary to the terms of the Road Traffic Licensing Regulations. Delivery is subject to timely and sufficient supply to ourselves. The delivery times displayed are non‐binding and are based on manufacturer information. These are expressly not fixed delivery times guaranteed by us. We are unable to make binding commitments. We will inform you in the event of non‐availability. In this case we may withdraw from the contract without this giving rise to any claims of you against us. Cases of force majeure shall also entitle us to withdraw from the contract. You may request from us the declaration as to why we are withdrawing or wish to deliver within a reasonable period. Should we fail to declare this, you in turn may withdraw from the contract. We reserve the right not to deliver to ordering parties that have already withdrawn from an order without statement of reason.
3. Guarantee and liability
The guarantee that we provide refers solely to the object of purchase. According to the statutory terms, the guarantee
period comprises 24 months from delivery of the goods. A guarantee of quality or durability extending beyond the
statutory terms is not issued by us. Any manufacturer's guarantee remains unaffected, however. In the case of a not
insignificant defect in the delivered goods we shall initially be entitled to choose between rectification of defect (repair) or subsequent delivery of a product free from defects with return of the defective product. Should the defective tyre or the defective rim already have been in use with you at the time of the complaint, then we shall compensate the lost value, based upon the degree of wear of the goods complained about (e.g. via the depth of remaining tread). If we decide that defects can be rectified in an orderly manner via repair, then we may choose repair with ‐ depending on
the degree of wear of the defective goods ‐ bearing of all or part of the costs incurred in this. If the rectification or
subsequent delivery fails, then you shall be entitled to withdraw from the contract. Claims for guarantee are excluded
where the tyres or rims are repaired by parties other than us or otherwise processed, where the fabrication number or
fabrication symbol is no longer apparent or has been altered, where, in the case of tyres, the air pressure or care
instructions issued by the respective manufacturer in the latest version of the technical guide are not observed, where the
tyres have been subjected to excessive use contrary to directions, e.g. by exceeding the permissible weight for each
individual tyre and the respective driving speed, the tyre has been damaged by misalignment or inhibited in its
performance by other defects in the wheelhouse (e.g. dynamic imbalance), the tyre has been mounted upon a rim not
intended for it, that is not true to gauge, rusty or otherwise defective, where the tyre has been damaged by external
influences or mechanical damage or exposed to external heat or, in the case of tyres and rims, natural wear or damage
exist that can be traced back to improper handling, incorrect fitting or an accident. In the case of loss of the customer we shall only be liable to the extent that the loss is caused by us, our employees, legal representatives or other agents,
intentionally or with gross negligence. This limitation does not apply for loss resulting from breach of duty of care for life, limb or health. Liability is excluded for loss that you incur as a result of delayed delivery or delivery that fails to occur carried out by courier services on our behalf. Beyond this, we shall only be liable for foreseeable loss caused by us as a result of breach of essential contractual obligations. Liability is excluded for your loss of earnings, savings that you fail to achieve, indirect loss and consequential loss. We shall not be liable for loss caused coincidentally or indirect loss or consequential loss caused by use or the inability to use the product supplied to you. We shall also not be liable for loss caused by force majeure, in particular natural occurrences, acts of war, industrial disputes and similar occurrences, operational malfunctions and loopholes in our sources of information. It is generally acknowledged that, under the current state of the art, it is not possible to develop and market computer programmes (software) and data processing equipment (hardware) that is completely free from defects or to exclude all imponderabilities associated with the medium of internet. We assume no culpability‐based liability for loss incurred by users or third parties as a result of use of our system as such.
4. Right of return
We expressly refer to the terms for distance selling contracts 312 b et sqq. BGB (German Civil Code). If you are a
consumer, you may withdraw from the contract, even after conclusion of contract, within two weeks of receipt of the
goods at your premises via revocation of the contract in writing or return of the goods. The revocation need not include
grounds. The timely sending of the revocation or the goods is sufficient for observance of the time period. The revocation and return of the goods shall be addressed to: Reifen Krieg GmbH, Gewerbetraße 2, 36119 Neuhof ‐ Dorfborn. If you wish to revoke, please refrain from returning the goods. Inform us via letter, fax or E‐mail: info@reifen‐krieg.de, that you wish to return the goods. The ordering party is to compensate any lost value in the event of any deterioration in the goods. Collection shall be via a parcel service, the ordering party shall bear the costs.
5. Retention of title
We retain title to the goods delivered until complete payment of the purchase price.
6. Data protection agreement
We collect the personal data required of you for the fulfilment of the order and use this. We are entitled to use the
collected data for all purposes within the scope of our business operations, in particular to evaluate, arrange and compare. We may also assign third parties with these tasks. You expressly agree to the collection, processing and use of this data.
All rights reserved. Text, images, sound, graphics, animation and videos on our website are subject to the protection of
copyright and other protective laws. The content of this website may not be copied, distributed, altered or made
accessible to third parties for commercial purposes. In addition, some of our websites contain images that are subject to third‐party copyright. Unless otherwise stated, all trademarks on our website are subject to trademark protection. No licence to use the intellectual property is granted by us or third parties via our website.
Jurisdiction for all claims arising from the business relationship, in particular from our deliveries, is, where legally
permissible, agreed as Fulda, including where sales or deliveries are undertaken by a subsidiary. This jurisdiction also
applies for disputes regarding the establishment and effectiveness of the contractual relationship.
9. Duty to inform
On registering the purchaser is obliged to provide truthful details. If the data of the purchaser change, in particular name, address, e‐mail address, telephone number, the purchaser shall be obliged to notify us of this change without delay at info@reifen‐krieg.de. Should the purchaser omit this information or provide incorrect data, in particular an incorrect email address, then we may withdraw from any contract that has come into effect. The withdrawal will be declared in writing. The written form is also given where the withdrawal is sent via e‐mail. Directly after ordering we send the purchaser an e‐mail with the customer information, to the e‐mail address provided by the purchaser on registration. The purchaser commits himself to inform us immediately at info@reifen‐kreig.de if he has not received this e‐mail within four hours of placing an order. The customer shall ensure that the e‐mail address that he has supplied is accessible from the time of provision and that the receipt of e‐mail messages is not excluded due to forwarding, deactivation or overfilling of the e‐mail account.
10. Severability clause
Should individual terms of this contract with the consumer, including these General Terms and Conditions, prove wholly or partially invalid, or become so, this shall not affect the remainder of the terms. The wholly or partially invalid term shall be replaced by a term that approaches the economic result of the invalid term as closely as possible.