Deutsch English

General terms and conditions

§ 1 Scope of application, customer information

The following general terms and conditions (GTC) lay down provisions for the contractual relationship between

Wenning Automotive GmbH
Managing director: Alexander Wenning
Am Galgenbuck 13
90613 Grosshabersdorf
Germany
Phone +49 9105 9043
Fax +49 9105 9380
Registered at AG Fürth HRB 9491
VAT-reg.-no.: DE 157 402 461

and customers (according to §13 BGB) that buy goods via our online shop. The GTC also include further customer information according to the BGB-ordinance on information. The contractual language is German. For commercial customers and distributors apply special terms of condition, which are shown alternatively after activating an access for dealers.

§ 2 Conclusion of the contractual

The products offered on the internet represent an unaccommodating invitation to you to order goods. With entering your dates and klicking on the orderbutton you give a binding offer for the conclusion of a contract. We are entitled to accept your offer by sending you an acceptance of order by email within 3 days. If we don't answer your offer within 3 days, your offer will be regarded as expired that is to say you are not longer bound to your offer.

As far as versions of engine and performance increase in publications, in offers, advertising etc. of Wenning Automotive GmbH contain information on kw/hp or nm declarations for product labelling, this product labelling cannot be regarded as an agreed property in terms of law or as a particular attribut of the product. Possibly occuring decreased output is not a defect in quality. There is no claim to achieve the power rating given in the label of the offer. The information on kw-/ hp- or nm given on the labels have been detected on our test vehicles and they are consequently no performance data that have to be achieved at least.

§ 3 Customer information: Storage of the wording of a contract

The wording of the contract with details on products is stored. You don't have access to the wording of the contract via the internet.

§ 4 Customer information: Correction reference

Before having submitted your order you are able to correct your entry at any time. We inform you of possibilities of correction during the ordering process.

§ 5 Right of withdrawal

If the purchaser is a consumer in the meaning of §13 German Civil Code he has the right to revoke his declaration of intent to conclude the contract without stating reasons within 30 days in writing e.g. letter, fax, e-mail or by returning the goods. The cancellation period shall commence at the earliest one day after the receipt of a separately sent written notice of cancellation. Sending the revocation or the goods within the time limit shall be sufficient to amount to compliance to the revocation period. The withdrawal has to be addressed to: Wenning Automotive GmbH, Alexander Wenning, Am Galgenbuck 13, D-90613 Großhabersdorf, by email: info@wenning.de or by fax to (+49) (0) 9 105 / 93 80.

§ 6 Cancellation consequences

In the case of an effective revocation, the services received by both sides shall be returned and, where applicable, benefits derived shall be surrendered. If you are unable to return the services received in full or in part or only in a deteriorated condition, you must compensate us for lost value if necessary. This does not apply to goods surrendered if the deterioration of the goods is solely caused by examining them, as would have been possible for you to do in the shop. Incidentally, you can avoid the obligation to compensate for lost value by not using the goods as if you owned them and refrain from doing anything that could reduce their value. You will have to pay for the return if the delivered goods conform to the ordered goods and if the amount of the returned goods is less than 40 €. You will also have to pay for the return if the amount of the goods is more than 40 € but you haven't yet paid the total amount or the contractually agreed part payment at the time of withdrawal. Otherwise the return is free of charge. Goods which can be dispatched by parcel are to be returned. Goods which cannot be dispatched by parcel will be collected. Payments have to be refunded by the customer within 30 days from dispatch of the notice of withdrawal. The deadline starts with your despatch of your cancellation request or the item in question; for us it starts with the receipt of the same.

§ 7 Return charges

If the customer makes use of his right of withdrawal according to § 6, he will have to pay the regular costs for the return of the goods if the delivered goods conform to the ordered goods and if the amount of the returned goods is less than 40 €. You will also have to pay for the return if the amount of the goods is more than 40 € but you haven't yet paid the total amount or the contractually agreed part payment at the time of withdrawal. Regular costs mean common shipping costs. You don't have to pay possible additional costs that might occur due to the shipment to a place other than our office at time of your order or additional costs due to a pick-up service that we involve.

§ 8 Retention of title

The object of purchase remains our property until all invoices are completely balanced.

§ 9 Warranty

According to the legal provision claims by the customer that refer to defects of goods will be limited to 2 years starting from the date of delivery to the customer if the customer is accordant to § 13BGB. If the purchaser is a trader that acts in the course of his regular commercial or self-employed work at time of conclusion of the contract, a limitation period (deviating from legal warranty provisions) of one year applies. The same goes for body corporate organised under public law and a special fund under public law.

§ 10 Limitation of claims

Your claims concerning defects of used items become invalid in one year after the delivery of the product to you. Excluded from this provision are claims for damages, claims that refer to defects that we have fraudulent concealed and claims of a warranty that we accepted for this product. For these excluded claims apply the legal statutory periods of limitation.

§ 11 Items of export and motorsports

All kits, delivery items and component parts are designed for export or motorsports except they are labelled otherwise. They are not approved for road traffic in the range of road traffic regulations. If those items are fixed and used in road traffic, there won't exist any claims of warranty, liability or compensation for damages in no case. The customer must make sure that those items are correctly registered in the vehicle registration document considering the legal regulations. The customer must also make sure that the usage of those items in road traffic is inoffensive.

§ 12 Limitation of liability

We exclude the liability for slightly negligent breach of duty provided that they don't apply essential contractual obligations, warrantier or damages from the violation of life, the body or the health or if claims according to the product liability act are struck. The same applies for breaches of duty of our vicarious agents and our statutory agents. Part of the essential contractual obligations is particularly the duty to deliver the goods to you and to transfer the ownership of those goods to you. Furthermore, we have to provide the goods exempt from defects and defect of title for you.


Back

eCommerce Engine 2006 based on xt:Commerce
eCommerce Engine © 2008 - 2009 xtcModified.org supported under GNU/GPL
Parse Time: 0.198s