General Terms and Conditions for Purchase and Manufacturing Contracts of Wheelstore24GmbH

• 1 Scope of application & defence clause

(1) For the legal relationships established via this wheelstore24 shop within the framework of purchase contracts between the operator of the shop (hereinafter "provider") and its customers, the following general terms and conditions apply exclusively in the respective version at the time of the order.

(2) Deviating general terms and conditions of the customer are rejected.

• 2 Conclusion of purchase contracts

(1) The presentation of goods in the wheelstore24 shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is merely requested to submit an offer by placing an order.

(2) By sending the order, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also recognises these terms and conditions as solely applicable to the legal relationship with the provider.

(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. Acceptance of the offer is based on the prices on our current website at the time of the customer's enquiry, but not on prices that the customer has found on other websites (e.g. price search engines). The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.

• 3 Conclusion of manufacturing contracts

(1) The presentation of goods in the wheelstore24 shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is merely requested to submit an offer by placing an order.

(2) By sending the order, the customer submits a binding offer for the product desired by him, aimed at the conclusion of a manufacturing contract for the product. By submitting the order, the customer also recognises these terms and conditions as solely applicable to the legal relationship with the supplier.

(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the vendor. The seller accepts the customer's offer by sending a "manufacturing contract" after checking the customer's request for completeness and technical feasibility, at the prices applicable by the seller at that time. If the examination of the technical feasibility requires a modification of the customer's request, the seller shall draw up the manufacturing contract with the technically necessary modifications. For the conclusion of the contract to be formally effective, the customer must return the contract form signed by the customer to the seller. By signing and sending the contract form, the customer also recognises the seller's general terms and conditions as solely authoritative.

• 4 Right of cancellation for consumers
  Right of cancellation for pure purchase contracts

You have the right to cancel the contract within fourteen days without giving any reason.

In the case of a purchase contract, the cancellation period is fourteen days from the date,

(a) on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

(b) In the case of a contract for several goods as part of a single order, which have been delivered separately, on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

(c) In the case of a contract for the delivery of goods in several partial shipments or pieces to you or a third party named by you who is not the carrier, you have taken possession of the last partial shipment or the last piece.

To exercise your right of cancellation you must contact me,

Company Wheelstore24 GmbH
Owner: Uwe Hoppe
Lister Kirchweg 91B
30177 Hanover
Phone: 0511 12271978
Email: info(at)wheelstore24.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the sample cancellation form on the website www.wheelstore24.com or www.power-bikes.de, but this is not mandatory. You can also electronically complete and submit the sample cancellation form or another clear declaration on our website (www.wheelstore24.com / www.power-bikes.de).

If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail). In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You bear the direct costs of returning goods that can be sent by parcel post.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

• Exclusion of the right of cancellation for manufacturing contracts

The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

End of the cancellation policy

• 5 Delivery dates

(1) Purchase agreements

Delivery in Germany takes place within 3 days for sales without an intermediate production process agreed with the manufacturer, in the rest of the EU within 5 days, in Switzerland within 10 days. Otherwise we deliver within 3 weeks. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the remitting bank or, in the case of purchase on account, on the day after the contract is concluded and ends for Germany on the following third day, for the EU on the following fifth day and for Switzerland on the tenth day. If the last day falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.

(2) Manufacturing contracts

Delivery shall take place at the individually agreed time and is subject to compliance with the contractually agreed advance payment at the contractually agreed time as a condition.

• 6 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

 

• 7 Maturity

Payment of the invoice amount is due upon receipt of the invoice.

• 8 Warranty

(1) The customer has statutory warranty rights for all goods and services of our wheelstore24. For claims for damages of the customer against the provider, the provision in § 9 of these GTC applies in addition.

(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period is 1 year for newly manufactured items and 1 year for used items. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The right of recourse against entrepreneurs in accordance with § 478 BGB is also excluded from the shortening of the limitation periods.

(3) A guarantee is not declared by the provider.

• 9 Exclusion of liability

(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability shall also apply in favour of the provider's legal representatives and vicarious agents if the customer asserts claims against them.

(2) Excluded from the exclusion of liability specified in paragraph 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) We would like to point out that the manufacturer's warranty for original appliances is usually invalidated by the installation of spare parts that are not provided by the manufacturer itself due to the manufacturer's general terms and conditions. However, this shall not affect the warranty assumed by us under § 8 and § 9 (1-2) and (4) of these General Terms and Conditions for spare parts supplied and/or installed by us and/or the installation undertaken by us.

(4) The provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.

 

• 10 Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer can prove a justified interest in the assignment or pledging.

• 11 Offsetting

The customer shall only have a right of set-off if his claim for set-off has been recognised by declaratory judgement or is undisputed.

• 12 Alternative dispute resolution for consumers

The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find. To participate in
We are not obliged and generally not prepared to enter into dispute resolution proceedings before a consumer arbitration board.

• 13 Choice of law & place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the contractual relationship between the provider and the customer, insofar as this is permissible. This also applies in particular to the provisions on the right of cancellation for distance selling contracts. If the law of the respective country stipulates more extensive consumer rights, these shall be deemed to have been agreed. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

• 14 Severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

 

Cancellation form for download