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GTC (General Terms and Conditions) of GFG Gesellschaft für Geländewagen mbH also referred to below as seller
I. General
1. ) The deliveries, services and offers of GFG mbH are made exclusively on the basis of these sales and delivery conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. At the latest with verbal or written order placement or with the receipt of the goods or services, these conditions are considered accepted. Counter-confirmations of the buyer with reference to his business or purchase conditions are hereby contradicted. Terms and conditions of the buyer do not oblige us - even without an express objection. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the purchaser. 2. ) Deviations from these conditions of sale and delivery are only valid if the seller confirms them in writing. With the order, these conditions are considered accepted. Verbal side agreements or changes to the contract or these conditions require a written confirmation.
II. Offer and conclusion of contract
1. ) The offers of GFG mbH are non-binding. Declarations of acceptance and all orders require the written, telex or telephone confirmation of the seller for legal validity. The same applies to supplements, modifications or subsidiary agreements. A contract of sale via the online shop is only concluded when the order has been confirmed in writing or by e-mail. The delivery of the goods within a reasonable period of time from the order shall be deemed acceptance. 2. ) Drawings, illustrations, dimensions, weights or other performance data are - without prejudice to the dimensional guarantee accepted - only binding if this is expressly agreed in writing.
III. Delivery and service time
1. ) The deadlines and deadlines stated by GFG mbH are non-binding, unless otherwise agreed in writing. 2) GFG mbH is entitled to partial deliveries and partial services at any time. The start of the delivery time specified by us requires the clarification of all technical questions. 3. ) If the purchaser is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred to us, including any additional expenses. Further claims remain reserved. 4. ) If the conditions of paragraph (2) exist, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or payment. 5. ) We are liable according to the legal provisions, as far as the underlying sales contract is a fixed transaction in the sense of § 286 Abs. 2 Nr. 4 BGB (German civil code). We shall also be liable in accordance with the statutory provisions, provided that as a result of a delivery delay for which we are responsible, the purchaser is entitled to assert that his interest in the further performance of the contract no longer exists. 6. ) We shall also be liable in accordance with the statutory provisions, provided that the delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible; A fault of our representatives or vicarious agents is attributable to us. Insofar as the delay in delivery is not based on a deliberate breach of contract for which we are responsible, our liability for damages shall be limited to foreseeable, typically occurring damage. 7. ) We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is a culpable breach of a material breach Contractual obligation is based; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. 8. ) Further statutory claims and rights of the customer remain reserved.
IV. Passing of risk / packaging costs
1. ) The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse of GFG mbH for the purpose of dispatch. If shipping becomes impossible without fault of GFG mbH, the risk passes to the buyer with the notification of readiness for shipment. 2. ) Transport and all other packaging in accordance with the packing regulations are not taken back. The customer is obliged to arrange for the disposal of the packaging at his own expense. 3. ) If the customer so requests, we will cover the delivery with a transport insurance; the costs incurred in this respect shall be borne by the purchaser.
V. TÜV-approval Only for those articles, which were pointed out in the prospectus expressly, a "TÜV-Mustergutachten" or part-expert opinion is created.
VI. Warranty
1. ) If the delivery item is defective or if it lacks promised properties, GFG mbH shall at its discretion provide replacement or repair to the exclusion of any other warranty claims of the buyer, in particular excluding any consequential damage of the buyer. Multiple repairs are permitted. 2. ) The warranty period is 6 months and starts on the date of delivery. If operating or maintenance instructions of the seller are not followed, changes are made to the products, parts are replaced or consumables are used which do not correspond to the original specifications, then any warranty is void. 3. GFG mbH defects are immediate, but no later than one week after receipt of the Delivery item in writing. Defects which can not be discovered even with careful examination within this period are to be communicated to the seller immediately after discovery in writing. The defective delivery items shall be sent free of charge to GFG mbH in the condition in which they are at the time the defect is found. A breach of the above obligations excludes any warranty on the part of GFG mbH. 4. ) If the repair or replacement fails after a reasonable period, the buyer may, at his option, demand a reduction of the price or cancellation of the contract. 5. ) The warranty does not apply for wear and used parts, which are delivered without any guarantee. 6. ) Warranty claims against the seller are only available to the immediate purchaser. They are only assignable with the prior written consent of the seller. 7) Warranty claims for tires are excluded under the following conditions: a) If the defective tire complained of is not presented to us with the claim form b) if the tire has been improperly intervened by third parties c) if the tire pressure recommended by us for a tire has not been complied with d) if the tire has been exposed to an unlawful load, such as exceeding the permissible load and the maximum permitted speed, or rally and / or racing use e ) if the tire has been damaged by an incorrect wheel position or has been impaired in its performance by other disturbances in the wheel arch (eg dynamic unbalance), or if it has been retreaded or solicited by third parties, f) if the tire is unassigned, do not teach containing, rusty or otherwise G) if the tire has been damaged by external influences or mechanical injury or has been exposed to external heating h) if there is natural wear or damage that is generally attributable to improper handling, eg improper profile changes, notches, etc. , or (i) if the tire has damage related to the attachment of spikes by a third party, the preceding paragraphs include the warranty for the goods and services of the seller and exclude any other warranty claims of any kind , Removal and installation costs are not taken over by the seller.
VII. Retention of title
1. ) The goods remain the property of the seller, processing or transformation always takes place for the seller as a manufacturer, but without obligation for him. If the (co-) ownership of the seller ceases to exist, it is already agreed that the (co-) ownership of GFG mbH will be transferred to GFG mbH in terms of value in terms of value (invoice value). The buyer keeps the (co-) ownership of GFG mbH free of charge. Goods to which GFG mbH is entitled (co-) ownership are referred to below as reserved goods. 2. ) 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. Pledges or collateral assignments are inadmissible. The buyer hereby assigns to GFG mbH the claims resulting from the resale or any other legal reason (insurance, tort) with respect to the reserved goods. GFG mbH revocably authorizes him to transfer the claims assigned to GFG mbH for his account in his own account To collect names. At the request of the seller, the buyer will disclose the assignment and provide everyone with the necessary information and documents. 3. ) In the event of access by third parties to the reserved goods, the buyer will point out the property of GFG mbH and notify the latter immediately. Costs and damages shall be borne by the buyer. 4. ) In the case of seizure or other interventions by third parties, the purchaser must notify us immediately in writing, so that we can file an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us. 5. ) In case of behavior contrary to the contract by the buyer - in particular default of payment - GFG mbH is entitled to to take back the goods subject to retention of title at the expense of the purchaser or, if necessary, to demand assignment of the purchaser's claims for surrender against third parties. In the withdrawal as well as in the garnishment of the conditional goods by GFG mbH - as far as Abzahlungsgesetz does not apply - no withdrawal from the contract.
VIII. Payment
1. ) Unless otherwise agreed, payment is by cash on delivery, delivery by direct debit by direct debit, or prepayment. GFG mbH is entitled to credit payments against its older debts, in spite of the provisions of the buyer. If costs and interest have already arisen, then GFG mbH is entitled to offset the payment against the costs, then against the interest and finally against the main service. 2. ) A payment shall only be deemed made when the seller can dispose of the amount. In the case of direct debits or checks, the payment shall only be deemed made when the amount has been definitively credited to GFG mbH. 3. If the buyer is in default, GFG mbH shall be entitled to charge interest of the amount due from that date calculated by the commercial banks interest rate for open current account credit, but at least to the amount of 5% above the respective discount rate of the Deutsche Bundesbank plus the statutory value added tax. 4. ) The buyer is set off, retention or reduction, even if notices of defects or counterclaims asserted shall only be entitled if the seller has expressly agreed in writing or if the counterclaims have been legally established.
IX. Prices
1. ) The prices are in EURO including VAT inside the EU. All offers include the applicable VAT. Countries outside the European Union will see net prices. Custom fees and handling fees have to be payed on top. The delivery is unfree. Quotations in quotations and order confirmations of GFG mbH are always non-binding: the prices valid on the day of delivery are decisive. Estimates for repair and installation work are set up as accurately as possible, but are not binding. 2. ) The prices of € 0.00 or € 0.01 are items that are made on request and sent with a quotation. There are no articles that cost € 0.00 nor € 0.01. 3. ) The prices stated in the order confirmation of GFG mbH are decisive. Additional deliveries and services are invoiced separately. 4. ) Insofar as there are more than 6 months between the conclusion of the contract and the agreed and / or actual delivery date, the prices valid at the time of delivery or provision of GFG mbH.
X. Design Changes The seller reserves the right to make design changes at any time; however, he is not obligated to make such changes to products already delivered.
XI. Limitation of Liability Supplement for damages from impossibility of performance, from positive breach of contract, from negligence on conclusion of contract or tort are excluded both against GFG mbH and against its vicarious agents, unless intentional or grossly negligent action exists.
XII. Return shipment / revocation
1. ) Attention! Please check the goods on delivery immediately for damage. When the cardboard is damaged, ask the driver a written confirmation of damage and please email it to us immediately. If not proper claim notification, a damage adjustment is not possible! info@g-raid. de2. ) Returns of delivered parts may take place only after prior agreement with GFG mbH and against assumption of the freight costs as well as against payment of a lump sum (for storage etc. ) in the amount of 20% of the purchase price. 3. ) Returned goods can be accepted by the seller only in original packaging and immaculate original condition. However, the goods may be subjected to a reasonable test. Incidentally, you can avoid the obligation to pay by not using the goods and refraining from anything that affects their value. If you can not return the goods in whole or in part or only in a deteriorated condition, you must pay us compensation if necessary. 4) Unauthorized returns, returns with incomplete information, as well as returns due to non-cash on delivery obligate the buyer to take over the GFGmbH incurred shipping costs. 5. ) Parts and custom-made goods, which were ordered or made especially for the buyer, are excluded from the return. 6. ) The revocation must be sent to: GFG Gesellschaft für Geländewagen mbH, Gewerbegebiet 15, 99887 Georgenthal OT Schönau v.d. Walde / Telefon: +49 (0) 36253 / 477545Fax: +49 (0) 36253 / 477546E-Mail-Address: info@g-raid. De 7a. ) For Private Customers: You can cancel your contract within two weeks without giving any reason Letter, fax or e-mail or by returning the goods revoked. The period begins at the earliest with the receipt of this instruction. For the preservation of the cancellation period, the timely dispatch of the revocation or the goods is sufficient. 7b. ) For commercial customers: The return of goods to our house may not be at our expense. For unauthorized returns or refusal of acceptance, administrative and other Storage fees are charged.
XIII. Applicable law
1. ) For these terms and conditions and the entire legal relationship between GFG mbH and buyer, the law of the Federal Republic of Germany. The validity of the UN Sales Convention is excluded. 2. ) To the extent permitted by law, our place of business is the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Unless otherwise stated in the order confirmation, our place of business is the place of performance. However, we are entitled to sue the customer at his place of residence. 3. ) Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
I. General
1. ) The deliveries, services and offers of GFG mbH are made exclusively on the basis of these sales and delivery conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. At the latest with verbal or written order placement or with the receipt of the goods or services, these conditions are considered accepted. Counter-confirmations of the buyer with reference to his business or purchase conditions are hereby contradicted. Terms and conditions of the buyer do not oblige us - even without an express objection. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the purchaser. 2. ) Deviations from these conditions of sale and delivery are only valid if the seller confirms them in writing. With the order, these conditions are considered accepted. Verbal side agreements or changes to the contract or these conditions require a written confirmation.
II. Offer and conclusion of contract
1. ) The offers of GFG mbH are non-binding. Declarations of acceptance and all orders require the written, telex or telephone confirmation of the seller for legal validity. The same applies to supplements, modifications or subsidiary agreements. A contract of sale via the online shop is only concluded when the order has been confirmed in writing or by e-mail. The delivery of the goods within a reasonable period of time from the order shall be deemed acceptance. 2. ) Drawings, illustrations, dimensions, weights or other performance data are - without prejudice to the dimensional guarantee accepted - only binding if this is expressly agreed in writing.
III. Delivery and service time
1. ) The deadlines and deadlines stated by GFG mbH are non-binding, unless otherwise agreed in writing. 2) GFG mbH is entitled to partial deliveries and partial services at any time. The start of the delivery time specified by us requires the clarification of all technical questions. 3. ) If the purchaser is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred to us, including any additional expenses. Further claims remain reserved. 4. ) If the conditions of paragraph (2) exist, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or payment. 5. ) We are liable according to the legal provisions, as far as the underlying sales contract is a fixed transaction in the sense of § 286 Abs. 2 Nr. 4 BGB (German civil code). We shall also be liable in accordance with the statutory provisions, provided that as a result of a delivery delay for which we are responsible, the purchaser is entitled to assert that his interest in the further performance of the contract no longer exists. 6. ) We shall also be liable in accordance with the statutory provisions, provided that the delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible; A fault of our representatives or vicarious agents is attributable to us. Insofar as the delay in delivery is not based on a deliberate breach of contract for which we are responsible, our liability for damages shall be limited to foreseeable, typically occurring damage. 7. ) We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is a culpable breach of a material breach Contractual obligation is based; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. 8. ) Further statutory claims and rights of the customer remain reserved.
IV. Passing of risk / packaging costs
1. ) The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse of GFG mbH for the purpose of dispatch. If shipping becomes impossible without fault of GFG mbH, the risk passes to the buyer with the notification of readiness for shipment. 2. ) Transport and all other packaging in accordance with the packing regulations are not taken back. The customer is obliged to arrange for the disposal of the packaging at his own expense. 3. ) If the customer so requests, we will cover the delivery with a transport insurance; the costs incurred in this respect shall be borne by the purchaser.
V. TÜV-approval Only for those articles, which were pointed out in the prospectus expressly, a "TÜV-Mustergutachten" or part-expert opinion is created.
VI. Warranty
1. ) If the delivery item is defective or if it lacks promised properties, GFG mbH shall at its discretion provide replacement or repair to the exclusion of any other warranty claims of the buyer, in particular excluding any consequential damage of the buyer. Multiple repairs are permitted. 2. ) The warranty period is 6 months and starts on the date of delivery. If operating or maintenance instructions of the seller are not followed, changes are made to the products, parts are replaced or consumables are used which do not correspond to the original specifications, then any warranty is void. 3. GFG mbH defects are immediate, but no later than one week after receipt of the Delivery item in writing. Defects which can not be discovered even with careful examination within this period are to be communicated to the seller immediately after discovery in writing. The defective delivery items shall be sent free of charge to GFG mbH in the condition in which they are at the time the defect is found. A breach of the above obligations excludes any warranty on the part of GFG mbH. 4. ) If the repair or replacement fails after a reasonable period, the buyer may, at his option, demand a reduction of the price or cancellation of the contract. 5. ) The warranty does not apply for wear and used parts, which are delivered without any guarantee. 6. ) Warranty claims against the seller are only available to the immediate purchaser. They are only assignable with the prior written consent of the seller. 7) Warranty claims for tires are excluded under the following conditions: a) If the defective tire complained of is not presented to us with the claim form b) if the tire has been improperly intervened by third parties c) if the tire pressure recommended by us for a tire has not been complied with d) if the tire has been exposed to an unlawful load, such as exceeding the permissible load and the maximum permitted speed, or rally and / or racing use e ) if the tire has been damaged by an incorrect wheel position or has been impaired in its performance by other disturbances in the wheel arch (eg dynamic unbalance), or if it has been retreaded or solicited by third parties, f) if the tire is unassigned, do not teach containing, rusty or otherwise G) if the tire has been damaged by external influences or mechanical injury or has been exposed to external heating h) if there is natural wear or damage that is generally attributable to improper handling, eg improper profile changes, notches, etc. , or (i) if the tire has damage related to the attachment of spikes by a third party, the preceding paragraphs include the warranty for the goods and services of the seller and exclude any other warranty claims of any kind , Removal and installation costs are not taken over by the seller.
VII. Retention of title
1. ) The goods remain the property of the seller, processing or transformation always takes place for the seller as a manufacturer, but without obligation for him. If the (co-) ownership of the seller ceases to exist, it is already agreed that the (co-) ownership of GFG mbH will be transferred to GFG mbH in terms of value in terms of value (invoice value). The buyer keeps the (co-) ownership of GFG mbH free of charge. Goods to which GFG mbH is entitled (co-) ownership are referred to below as reserved goods. 2. ) 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. Pledges or collateral assignments are inadmissible. The buyer hereby assigns to GFG mbH the claims resulting from the resale or any other legal reason (insurance, tort) with respect to the reserved goods. GFG mbH revocably authorizes him to transfer the claims assigned to GFG mbH for his account in his own account To collect names. At the request of the seller, the buyer will disclose the assignment and provide everyone with the necessary information and documents. 3. ) In the event of access by third parties to the reserved goods, the buyer will point out the property of GFG mbH and notify the latter immediately. Costs and damages shall be borne by the buyer. 4. ) In the case of seizure or other interventions by third parties, the purchaser must notify us immediately in writing, so that we can file an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us. 5. ) In case of behavior contrary to the contract by the buyer - in particular default of payment - GFG mbH is entitled to to take back the goods subject to retention of title at the expense of the purchaser or, if necessary, to demand assignment of the purchaser's claims for surrender against third parties. In the withdrawal as well as in the garnishment of the conditional goods by GFG mbH - as far as Abzahlungsgesetz does not apply - no withdrawal from the contract.
VIII. Payment
1. ) Unless otherwise agreed, payment is by cash on delivery, delivery by direct debit by direct debit, or prepayment. GFG mbH is entitled to credit payments against its older debts, in spite of the provisions of the buyer. If costs and interest have already arisen, then GFG mbH is entitled to offset the payment against the costs, then against the interest and finally against the main service. 2. ) A payment shall only be deemed made when the seller can dispose of the amount. In the case of direct debits or checks, the payment shall only be deemed made when the amount has been definitively credited to GFG mbH. 3. If the buyer is in default, GFG mbH shall be entitled to charge interest of the amount due from that date calculated by the commercial banks interest rate for open current account credit, but at least to the amount of 5% above the respective discount rate of the Deutsche Bundesbank plus the statutory value added tax. 4. ) The buyer is set off, retention or reduction, even if notices of defects or counterclaims asserted shall only be entitled if the seller has expressly agreed in writing or if the counterclaims have been legally established.
IX. Prices
1. ) The prices are in EURO including VAT inside the EU. All offers include the applicable VAT. Countries outside the European Union will see net prices. Custom fees and handling fees have to be payed on top. The delivery is unfree. Quotations in quotations and order confirmations of GFG mbH are always non-binding: the prices valid on the day of delivery are decisive. Estimates for repair and installation work are set up as accurately as possible, but are not binding. 2. ) The prices of € 0.00 or € 0.01 are items that are made on request and sent with a quotation. There are no articles that cost € 0.00 nor € 0.01. 3. ) The prices stated in the order confirmation of GFG mbH are decisive. Additional deliveries and services are invoiced separately. 4. ) Insofar as there are more than 6 months between the conclusion of the contract and the agreed and / or actual delivery date, the prices valid at the time of delivery or provision of GFG mbH.
X. Design Changes The seller reserves the right to make design changes at any time; however, he is not obligated to make such changes to products already delivered.
XI. Limitation of Liability Supplement for damages from impossibility of performance, from positive breach of contract, from negligence on conclusion of contract or tort are excluded both against GFG mbH and against its vicarious agents, unless intentional or grossly negligent action exists.
XII. Return shipment / revocation
1. ) Attention! Please check the goods on delivery immediately for damage. When the cardboard is damaged, ask the driver a written confirmation of damage and please email it to us immediately. If not proper claim notification, a damage adjustment is not possible! info@g-raid. de2. ) Returns of delivered parts may take place only after prior agreement with GFG mbH and against assumption of the freight costs as well as against payment of a lump sum (for storage etc. ) in the amount of 20% of the purchase price. 3. ) Returned goods can be accepted by the seller only in original packaging and immaculate original condition. However, the goods may be subjected to a reasonable test. Incidentally, you can avoid the obligation to pay by not using the goods and refraining from anything that affects their value. If you can not return the goods in whole or in part or only in a deteriorated condition, you must pay us compensation if necessary. 4) Unauthorized returns, returns with incomplete information, as well as returns due to non-cash on delivery obligate the buyer to take over the GFGmbH incurred shipping costs. 5. ) Parts and custom-made goods, which were ordered or made especially for the buyer, are excluded from the return. 6. ) The revocation must be sent to: GFG Gesellschaft für Geländewagen mbH, Gewerbegebiet 15, 99887 Georgenthal OT Schönau v.d. Walde / Telefon: +49 (0) 36253 / 477545Fax: +49 (0) 36253 / 477546E-Mail-Address: info@g-raid. De 7a. ) For Private Customers: You can cancel your contract within two weeks without giving any reason Letter, fax or e-mail or by returning the goods revoked. The period begins at the earliest with the receipt of this instruction. For the preservation of the cancellation period, the timely dispatch of the revocation or the goods is sufficient. 7b. ) For commercial customers: The return of goods to our house may not be at our expense. For unauthorized returns or refusal of acceptance, administrative and other Storage fees are charged.
XIII. Applicable law
1. ) For these terms and conditions and the entire legal relationship between GFG mbH and buyer, the law of the Federal Republic of Germany. The validity of the UN Sales Convention is excluded. 2. ) To the extent permitted by law, our place of business is the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Unless otherwise stated in the order confirmation, our place of business is the place of performance. However, we are entitled to sue the customer at his place of residence. 3. ) Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.