Terms and Conditions on Purchase Contracts concluded via the Platform between Öhlins DTC (Distribution & Test Center), Gottlieb-Daimler-Straße 25, 53520 Meuspath, Germa-ny telephone +49(0)2691-937780, registered with the commercial register of the local court (Amtsgericht) Koblenz under registration number HRB 20830, represented by its managing directors Kenth Öhlin and Anders Håkansson, VAT identification number: DE 255995748,
- hereinafter called the “Supplier” -
and he customer referred to in Art. 2 of this Terms and Conditions,
- hereinafter called the “Customer”.
Art. 1 Scope, Definitions
1.1. The business relationship between the Supplier and the Customer shall be governed exclusively by the Terms and Conditions set forth below in the version in force at the time the order is placed. Corresponding terms and conditions of the Customer will not be rec-ognized unless the Supplier expressly consents to their application in writing.
1.2 The Customer is a “consumer” if the purpose of the ordered goods or services predomi-nantly is outside his trade, business or profession. In contrast, any natural or legal person or partnership with legal capacity who, in concluding a contract, is acting in pursuit of their commercial or self-employed professional activity is an “entrepreneur”.
Art. 2 Conclusion of Contract
2.1 The Customer may select products from the Supplier’s range and place them in the so-called shopping cart by clicking on the “Add to cart” button. By clicking on the “Order now” button, the Customer places a firm order to purchase the goods in the shopping cart. The Customer may - at any time - review and change the order data at any time before sub-mitting the order. The order can, however, only be sent off if the Customer accepts these Terms and Conditions and confirms this by clicking on the “Accept Terms and Conditions” button, thus making them part of the contract.
2.2 The Supplier then sends the Customer an automatic acknowledgment of receipt of the order by email in which the details of the Customer’s order are repeated once more and which the Customer can print out using the “Print” function. The automatic acknowledg-ment of receipt merely indicates that the Supplier has received the Customer’s order; it does not constitute an acceptance of the order. A contract is made by issuing a declara-tion of acceptance (“order confirmation”) by the Supplier, which is sent in a separate email. In this email or in another separate email, or at the latest on delivery of the goods, the text of the contract (comprising the order, the Terms and Conditions and the order confirmation) is sent by us to the Customer in a permanent data format (email or paper printout) - (confirmation of contract). The contract text is preserved in compliance with da-ta protection regulations.
2.2 The contract is concluded in the German language.
Art. 3 Delivery, Availability
3.1 Delivery times indicated by us are calculated from the time of our order confirmation and are conditional on prior payment of the purchase price. If no delivery time or no different delivery time for the ordered goods is indicated in our online shop, the delivery time is 5 working days.
3.2 If at the time of the order being placed, no goods of the kind selected by the Customer are available, the Customer may submit an order inquiry. The Supplier will then inform the Customer when the goods are expected to be available once more.
Art. 4 Retention of Title
The delivered goods will remain the Supplier’s property until they have been paid for in full.
Art. 5 Prices and Delivery Costs
5.1 The prices shown on the Supplier’s website are quoted inclusive of value added tax at the official rate in force at the time ordering.
5.2 The respective shipping costs are specified for the Customer in the order form; the deliv-ery costs must be borne by the Customer unless the Customer makes use of his/her right to withdraw from the contract.
5.3 The goods are sent by post. The shipping risks are borne by the Supplier in all cases where the Customer is a consumer.
5.4 In the case of cancellation, the Customer must bear the direct return costs.
Art. 6 Terms of Payment
6.1 The Customer can make payment either by credit card or prepayment.
6.2 Payment of the purchase price is due immediately on conclusion of the contract. If the due date for payment is specified by a calendar date, the Customer will already be in de-fault through failure to pay on or by that date. In any such case, the Customer must pay interest on arrears to the supplier at a rate of 5% above the base interest rate. Where the Customer is an entrepreneur, interest is payable at a rate of 9% above the base interest rate.
6.3 The Customer’s obligation to pay interest on arrears does not imply any exclusion of rights of the Supplier to claim further compensation or damages for delay.
Art. 7 Warranty for Defects, Guarantee
7.1 The Supplier is liable for physical defects in accordance with the applicable statutory reg-ulations, in particular Sections 434 et seq. of the BGB [German Civil Code]. Where the Customer is an entrepreneur, the warranty period for goods supplied by the Supplier is 12 months.
7.2 Goods delivered by the Supplier only carry an additional guarantee if the order confirma-tion contained an express indication to this effect.
Art. 8 Liability
8.1 Claims of the Customer to compensation or damages are barred. Excepted from this are claims of the Customer on grounds of damage or injury to life, limb or health or breach of material contractual duties (so-called “cardinal duties”) as well as liability for any other loss or damage resulting from wilful or grossly negligent breach of duties on the part of the Supplier, its official representatives or vicarious agents. Material contractual duties are duties which must be fulfilled in order for the purpose of the contract to be achieved.
8.2 In the case of any breach of a material contractual duty, the Supplier may only be held liable for the loss or damage - if caused through ordinary negligence - which is typical and foreseeable for the type of contract concerned, except where the Customer’s claims are based on damage or injury to life, limb or health.
8.3 The limitations contained in Arts. 8.1 and 8.2 above also operate in favour of the Suppli-er’s official representatives and vicarious agents in the event that any claims should be asserted against them directly.
8.4 The provisions of the German Product Liability Act shall remain unaffected by any of the foregoing.
Art. 9 Right of Cancellation
9.1 On conclusion of a distance contract, consumers have a general legal right of cancella-tion, of which the Supplier hereby informs them, using the statutory model. Art. 9.2 con-tains a specimen cancellation form.
Information concerning the Exercise of the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 day without giving any reason.
The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, possession of the goods.
To exercise the right of withdrawal, you must inform us,
of your decision to withdraw from this contract by an unequivocal statement (e.g. by letter sent by post, by telefax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments, 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 of-fered 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. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days expired.
You will bear the costs of returning the goods.
You are only liable for any diminished value of goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9.2 The Supplier hereby informs the Customer of the specimen cancellation form in accord-ance with the statutory provisions as follows:
Specimen Cancellation Form
(If you wish to cancel the contract, please complete this form and send it in to us.)
To: Öhlins DTC
53520 Meuspath - Germany -
I/We (*) hereby give notice that I/We (*) withdraw from my/our contract of sale of the following goods ________
ordered on (*)/received on (*)
Name of Customer(s).
Address of Customer(s).
Signature of Customer(s) (only if this form is notified on paper
(*) Delete whichever is not appropriate.
Art. 10 Information on Data Processing
10.1 In connection with the handling of contracts, the Supplier collects data of the Customer. In doing so, the Supplier complies with the provisions of the German Federal Data Pro-tection Act [“Bundesdatenschutzgesetz”] and the German Telemedia Act [“Telemedieng-esetz”]. Except with the Customer’s consent, the Supplier will only collect, process or use basic data and usage data of or relating to the Customer to the extent necessary for im-plementing the contract and for the utilization and billing of telemedia.
10.2 Except with the Customer’s consent, the Supplier will not use the Customer’s data for advertising, market research or opinion research purposes.
Art. 11 Final provisions
11.1 Contracts concluded between the Supplier and Customer shall be governed by the law of Federal Republic of Germany. Application of the UN Convention on Contracts for the In-ternational Sale of Goods is barred.
11.2 Where the Customer is a merchant [“Kaufmann”], a legal entity organized under public law or a separate asset fund organized under public law, the legal venue for all disputes arising from or in connection with contracts concluded between the Customer and Sup-plier shall be the courts having jurisdiction for the Supplier’s registered place of business.
11.3 Should any provision of the contract be or become legally invalid, all other provisions shall remain in full force and effect. In place of the invalid provisions, the statutory regula-tions - if any are available - shall apply. If, however, this would result in unreasonable hardship for either of the parties, the contract as a whole shall be deemed ineffective.