These are the general terms and conditions of Pneuforce GmbH
§1 Scope
The following general terms and conditions apply exclusively in the version valid at the time of the order. We do not recognize any terms and conditions that conflict with or deviate from our terms and conditions. Deviations from these terms and conditions are only valid if we confirm them in writing.
§2 Conclusion of the contract
Our offers are non-binding and subject to change. By submitting an order, the customer submits an offer in accordance with Section 145 of the German Civil Code (BGB). The customer receives a confirmation of receipt by email. The customer is also informed by email that the order has been dispatched. This confirmation email does not constitute a declaration of acceptance. The customer will be informed separately of any possible errors in the information on the range. In this case, the customer will be presented with a corresponding counter-offer. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the “Send order” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been submitted. The purchase contract is concluded with our separate order confirmation or delivery of the goods. The contract language is German.
§3 Delivery · Shipping costs · Transfer of risk
Delivery is subject to the shipping costs stated in the offer. If the customer is a consumer, we always bear the shipping risk regardless of the shipping method. If the customer is a business, all risks and dangers of shipping are transferred to the customer as soon as we have handed over the goods to the commissioned logistics partner. Transport insurance will only be taken out at the express request of the customer, with the costs of the insurance being borne by the customer. The ordered goods will only be delivered against advance payment. Any other method of payment must be expressly accepted in writing by Pneuforce GmbH. We are entitled to make partial deliveries to businesses.
§4 Retention of title
1. The delivered goods remain our property until the purchase price has been paid in full. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing, in advance by fax or email, so that we retain the option of filing a third-party objection. If the third party is unable to reimburse us for the legal or extrajudicial costs incurred in this connection, the buyer is liable for these.
2. If the customer is an entrepreneur, we are granted the following securities in addition to the provisions in paragraph 1, which we will release at the customer’s discretion upon request, provided that their value exceeds the claims by more than 20% on a sustained basis. Since we remain the owner of the purchased item until the purchase price has been paid in full, processing or transformation always takes place for us as the manufacturer, but without any obligation for us. If our (co-)ownership expires through combination, it is already agreed that the buyer’s (co-)ownership will pass to us in proportion to the value (invoice value). The buyer will keep our (co-)ownership safe free of charge. Goods to which we are entitled to (co-)ownership are hereinafter referred to as reserved goods. The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledging or transfer of ownership by way of security is not permitted. The buyer hereby assigns to us in full, as security, any claims arising from the resale or any other legal basis relating to the reserved goods, including all claims from current accounts. We revocably authorize our customers to collect the claims assigned to us on our behalf in their own name. This direct debit authorization can only be revoked if the buyer does not properly meet his payment obligations.
§5 Warranty
The statutory warranty rights apply. For all defects that occur during the statutory warranty period of two years from delivery, you have the statutory right to subsequent performance (at your option: remedy of the defect or new delivery) and, if the statutory requirements are met, the statutory rights to reduction or withdrawal as well as compensation. If the customer is an entrepreneur, the warranty is limited to one year. The start of the limitation period is regulated by the statutory provisions. If the purchase is a commercial transaction for both parties within the meaning of Section 343 of the German Commercial Code (HGB), the customer must immediately notify the complaint in writing and have the goods ready for our inspection in order to fulfill his obligations within the meaning of Section 377 of the German Commercial Code (HGB). If the customer is a merchant within the meaning of Section 377 of the German Commercial Code (HGB), the customer can no longer assert any rights in the event of obvious defects, short deliveries or incorrect deliveries after three days have passed since receipt of the goods. The warranty rights only apply to the customer and are not transferable.
§6 Consumer information
The colors and profiles of the products shown on the Internet may differ slightly from the original for various reasons (monitor settings, quality of the graphics card, etc.). All trademarks on the products are and remain the property of the suppliers/manufacturers. Any use requires the permission of the relevant supplier/manufacturer.
§7 Prices · Terms of Payment · Assignment
Our prices include the statutory VAT at the applicable rate. Unless expressly agreed otherwise, invoice amounts are due immediately without any deductions. Advance payment must be made within 7 days of receipt of the order. If the deadline is exceeded, we are entitled to withdraw from the purchase contract. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, the customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. The assignment of claims against us to third parties is excluded unless we have expressly consented to the assignment in writing. Consent must be granted if the buyer can prove that there are significant interests that outweigh our interests in maintaining the prohibition on assignment. The assignment of warranty claims within the meaning of Section 5 cannot be consented to.
§8 Liability
Claims for damages are excluded regardless of the type of breach of duty, including tortious acts, unless there is intentional or grossly negligent action. In the event of a breach of essential contractual obligations, Pneuforce GmbH is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for lost profits, saved expenses, claims for damages from third parties and other indirect and consequential damages cannot be made unless a quality feature guaranteed by Pneuforce GmbH is specifically intended to protect the customer against such damages. The liability limitations and exclusions in paragraph 1 do not apply to claims that have arisen due to fraudulent conduct by Pneuforce GmbH, as well as liability for guaranteed quality features, for claims under the Product Liability Act and for damages resulting from injury to life, body or health. Insofar as the liability of Pneuforce GmbH is excluded or limited, this also applies to employees, workers, representatives or vicarious agents of Pneuforce GmbH.
§9 Privacy policy
Pneuforce GmbH is entitled to process the data received about the buyer in connection with the business relationship or in connection with it, regardless of whether this data comes from the buyer himself or from third parties, in accordance with the Federal Data Protection Act. Customer data is stored in accordance with Section 33 of the Federal Data Protection Act. Pneuforce GmbH will observe all data protection requirements, in particular the provisions of the Teleservices Data Protection Act. The customer consents to the storage and processing of his personal data. The application data (first and last name, date of birth and address) are sent to Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, for the purpose of credit checks. We obtain credit information based on mathematical-statistical procedures using address data from Creditreform Boniversum GmbH, Hellersbergstr, 41460 Neuss.
§10 Return of ordered goods by entrepreneurs
If the customer is a business owner and Pneuforce GmbH has permitted them to return the products they have received, the customer will be charged a storage fee of 10% of the gross invoice amount and shipping costs of €15 per package for each returned tire. The customer does not have to pay the flat rate or does not have to pay the stated amount if they can prove that the expenses were not incurred or were not incurred to the stated amount. Returns are only possible for unused products. If an inspection of the goods reveals that the products have been used, the customer will be charged the full purchase price and the additional shipping costs.
§11 Applicable law · Place of jurisdiction · Partial invalidity · Written form
Any change to the contract, including oral agreements, must be in writing to be effective. Oral side agreements do not exist when the underlying contract is concluded. The law of the Federal Republic of Germany applies; the UN Convention on Contracts for the International Sale of Goods is excluded. The registered office of Pneuforce GmbH is the place of performance within the meaning of Section 29 of the Code of Civil Procedure. If the customer is a consumer, the legal regulations and rights applicable to the consumer under the law of the customer’s country of residence remain unaffected by this agreement. If the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law, the local court of our registered office is the exclusive place of jurisdiction.
§12 Cancellation policy
If the customer is a consumer, he can revoke the contract declaration within 100 days without giving reasons in text form (e.g. letter, fax, email) or – if the item is given to him before the deadline – by returning the item. The period begins on the day after receipt of this instruction in text form, but not before receipt of the goods by the recipient if the consumer has already received this cancellation instruction in text form at this time. To meet the cancellation deadline, it is sufficient to send the cancellation or the goods to one of the following addresses in good time:
Pneuforce GmbH
Höhenweg 5
57639 Lautzert
Phone: 02684 914009-0
Email: welcome@pneuforce.de
The costs for return shipping are borne by the customer. To avoid any inconvenience for you when returning the goods, we will collect the items from you and refund the invoice amount to the bank details we have on file. Please do not send the items directly to our address in Lautzert without informing us first (we are legally obliged to provide the address).
§13 Low price guarantee
If you find the tires you bought from us cheaper elsewhere, Pneuforce GmbH will refund you the difference to the competitor’s offer under certain conditions:
We undertake to refund the price difference to the customer after checking within 7 working days to the account specified by him.
§14 Severability clause
Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by another valid provision that comes closest to the regulatory content that would have been agreed between the parties if they had known in advance that the invalid provision was invalid.
Your Pneuforce Team
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