AGB

General Terms and Conditions of Wheelworld GmbH

§ 1 Scope

(1) All deliveries and services provided by Wheelworld GmbH, Hüttenstraße 3, 38871 Ilsenburg (hereinafter referred to as "Wheelworld" or "we") are based on these General Terms and Conditions. The version valid at the time of conclusion of the contract shall apply. If the customer is an entrepreneur, they shall also apply to all future business relationships, even if they are not expressly agreed again. Any deviating terms and conditions of the customer that we do not expressly recognise are not binding for us, even if we do not expressly object to them. The following terms and conditions shall also apply if we execute the customer's order without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. Customers within the scope of these General Terms and Conditions can be both consumers in accordance with Section 13 of the German Civil Code (BGB) and entrepreneurs in accordance with Section 14 of the German Civil Code (BGB).

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

(3) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. These General Terms and Conditions also apply to legal entities under public law or special funds under public law within the meaning of Section 310 (1) sentence 1 BGB.

§ 2 Offer and conclusion of contract

1. General

(1) The following applies to entrepreneurs: Our offers are subject to change. We reserve the right to make technical changes and changes in shape, colour and/or weight within reasonable limits. We are entitled to place subcontracts.

(2) By ordering goods, the customer makes a binding declaration of their intention to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt by us. Acceptance can be declared either in writing or by delivery of the goods to the customer.

(3) The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular in the event of a congruent covering transaction with our supplier. The customer will be informed immediately of the non-availability of the service. The consideration will be refunded immediately.

(4)  We reserve ownership rights and copyrights to information, in particular illustrations, drawings, calculations and other documents that are passed on to customers or suppliers; they may not be made accessible to third parties . This applies in particular to written documents and information that are designated as "confidential". The customer/supplier requires our express written consent before passing on such information.

2. Online shop:

(1) The presentation of goods in the shop does not constitute a binding contractual offer by Wheelworld. The contract between the customer and Wheelworld is only concluded when the customer places an order and we accept it. In the event of acceptance, we will send an order confirmation by email. The dispatch of the ordered goods to the customer is equivalent to an express declaration of acceptance.

(2) The contract can currently only be concluded in German.

(3) The customer can place an order in our shop by following these steps:

1. (4) By clicking on the "Add to basket" button, items are placed in the basket without obligation. All items placed in the shopping basket can be viewed directly on the respective page at the top right under the shopping basket icon. Here, the details of the goods placed in the shopping basket can be viewed, items can be deleted or the quantity can be changed. The shipping and payment options are also displayed here. The shipping method and payment method can be selected here and the shipping costs are displayed.

2. (5) The customer can order either as a guest or by logging into their own customer account. If the customer orders as a guest, they will be asked to enter their billing information. This information is already displayed when logging in. All data (in particular billing and delivery address, product, price, quantity, payment method) for the planned order is summarised again on the overview page. The customer must confirm that they have read and understood the cancellation policy and the terms and conditions. These are linked and can be displayed if required. After selecting one of the payment options offered and being redirected to the respective payment service, the customer is redirected back to the Wheelworld order page to complete the order process by clicking on the "Place order now" button.

3. (6) By confirming the "Place order now" button, the customer submits a binding offer to conclude a purchase contract with us. Only when we send the customer an order confirmation by email is the customer's offer accepted and a purchase contract concluded. Please refer to the first paragraph of this section for information on when the contract is concluded.

4. (7) If the customer orders the goods electronically, the contract text and these General Terms and Conditions, including the cancellation policy, will be stored in a reproducible form and automatically sent to the customer by email. If the customer loses their order documents, they can contact us by post, email or fax. We will be happy to send the customer a copy of the order details by email.

§ 3 Delivery and shipping conditions/transfer of risk

(1) If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over to the customer, even in the case of mail order sales. We bear the shipping risk for consumers.

(2) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. At the request and expense of the customer, we shall insure the delivery with transport insurance.

(3) By ordering goods, the customer makes a binding declaration of their intention to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt by us. Acceptance can be declared either in writing or by delivery of the goods to the customer.

(4) The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular in the event of a congruent covering transaction with our supplier. The customer will be informed immediately of the non-availability of the service. The consideration will be refunded immediately.

(5) We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This only applies if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately.

(6) If we are prevented from fulfilling our obligations due to circumstances of force majeure that were unforeseeable at the time the contract was concluded and for which we are not responsible, such as strikes, unforeseeable operational disruptions or unavoidable shortages of raw materials, official quarantine orders and similar circumstances for which we are not responsible, we shall be released from our obligation to perform for the duration of this disruption. Agreed delivery periods shall be extended by the duration of the disruption. We shall inform the customer immediately of the beginning and end of circumstances of force majeure within the meaning of this provision. The right of both contracting parties to withdraw from the contract in accordance with the statutory provisions remains unaffected. 

(7) The following applies to entrepreneurs: Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The delivery time specified by us shall only commence once the technical issues have been clarified. Likewise, the customer must fulfil all obligations incumbent upon them properly and in a timely manner . 

(8) If the underlying purchase contract is a fixed-date transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB, we shall be liable in accordance with the statutory provisions. The same applies if the customer is entitled to assert the cessation of his interest in the further performance of the contract as a result of a delay in delivery for which we are responsible. In this case, our liability shall be limited to the foreseeable, typically occurring damage if the delay in delivery is not based on an intentional breach of contract for which we are responsible, whereby we shall be held responsible for any fault on the part of our representatives or vicarious agents. 

(9) We shall also be liable to the customer for delays in delivery in accordance with the statutory provisions if these are due to an intentional or grossly negligent breach of contract for which we are responsible, whereby fault on the part of our representatives or vicarious agents shall be attributable to us. Our liability is limited to the foreseeable, typically occurring damage if the delay in delivery is not based on an intentional breach of contract for which we are responsible. 

(10) In the event that a delay in delivery for which we are responsible is due to a culpable breach of a material contractual obligation, whereby fault on the part of our representatives or vicarious agents is attributable to us, we shall be liable in accordance with the statutory provisions, with the proviso that in this case liability for damages shall be limited to the foreseeable, typically occurring damage. Any further liability for a delay in delivery for which we are responsible is excluded. The customer's other statutory claims and rights, which he is entitled to in addition to the claim for damages due to a delay in delivery for which we are responsible, remain unaffected.  

(11) We are entitled to make partial deliveries and render partial services at any time, provided this is reasonable for the customer.  

(12) If the customer is in default of acceptance, we shall be entitled to demand compensation for the damage incurred and any additional expenses. The same shall apply if the customer culpably violates its obligations to cooperate. Upon occurrence of default of acceptance or default of payment, the risk of accidental deterioration and accidental loss shall pass to the customer!

§ 4 Prices and terms of payment

1. General:

(1) The following applies to entrepreneurs: Our prices quoted to entrepreneurs are exclusive of value added tax and are ex works without packaging. If taxes, customs duties, freight charges, fees or expenses are increased or newly introduced between the conclusion and fulfilment of the contract, we shall be entitled to increase the purchase price accordingly if three months have already elapsed since the conclusion of the contract or if the contractual partner is a merchant. The prices are valid for three months from the date of conclusion of the contract. If a delivery period of more than three months is agreed or in the case of continuing obligations lasting longer than three months, we shall be entitled to pass on to the customer any cost increases incurred in the meantime for procurement/delivery, including those caused by changes in the law (e.g. increase in value added tax), by means of price increases of a corresponding amount ( ).

(2) We shall be entitled to demand an appropriate advance payment if the claim is not otherwise sufficiently secured. This shall not apply to self-contained partial services.

(3) The customer undertakes to pay the agreed remuneration within 14 days of receipt of the goods. After expiry of this period, the customer shall be in default of payment if he is an entrepreneur. 

(4) The customer shall pay interest on the debt during the period of default. We reserve the right to prove and claim higher damages caused by default.

(5) The customer shall only have a right to offset if their counterclaims have been legally established or recognised by us. The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship. For customers who are consumers, this only applies if their counterclaims do not arise from the assertion of or in connection with a statutory right of withdrawal to which they are entitled.

2. Online shop:

(1) The prices at the time of ordering apply. All prices are in British pounds and are gross prices, i.e. they include statutory value added tax and other price components and do not include packaging and shipping costs. There is no minimum order value.

(2) Delivery and shipping costs are incurred from the location of Wheelworld's registered office. The shipping costs can be viewed in the shopping basket and on the "Shipping costs" page.

(3) For shipments outside the EU, additional costs such as taxes and/or duties/customs charges may apply, which are to be borne by the customer.

(4) Payment for deliveries within Germany can be made via PayPal, credit card, SEPA direct debit and Google Pay.

(5) Invoices are sent exclusively by email. We reserve the right to deliver only against advance payment, even in the case of long-standing business relationships.

(6) Payment by PayPal: The delivery period for payments made by PayPal begins no later than one working day after the payment order has been issued to PayPal.

§ 5 Retention of title

(1) Until full payment has been made, the goods remain the property of Wheelworld.

(2) The following applies to entrepreneurs: 

1. The customer is entitled to sell and/or use the goods subject to retention of title in the ordinary course of business as long as they are not in default of payment. Pledging or transfer by way of security is not permitted. The customer hereby assigns to us in full, by way of security, all claims arising from the resale or any other legal reason (insurance, tort) in relation to the goods subject to retention of title (including all balance claims from current accounts); we hereby accept the assignment. We revocably authorise the customer to collect the claims assigned to us for their account in their own name. The collection authorisation may be revoked at any time if the customer does not properly meet their payment obligations. The customer is also not authorised to assign this claim for the purpose of debt collection by way of factoring, unless the factor is simultaneously obliged to pay the consideration in the amount of the claims directly to us as long as we still have claims against the customer.

2. Any processing or transformation of the goods subject to retention of title by the customer shall in any case be carried out on our behalf. If the goods subject to retention of title are processed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. The same applies to the new item created by processing as to the goods subject to retention of title. In the event of inseparable mixing of the goods subject to retention of title with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other mixed items at the time of mixing. If the customer's item is to be regarded as the main item as a result of the mixing, the customer and we agree that the customer shall transfer proportional co-ownership of this item to us; we hereby accept the transfer. The customer shall hold our sole or co-ownership of an item thus created in safekeeping for us.

3. In the event of access by third parties to the goods subject to retention of title, in particular seizures, the customer shall indicate our ownership and notify us immediately so that we can enforce our property rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for these costs. 

4. We shall be obliged to release the securities to which we are entitled to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%, whereby we shall be responsible for selecting the securities to be released.

§ 6 Warranty

(1) The following applies to consumers: If the purchased item is defective, the warranty shall be provided in accordance with the statutory provisions.

(2) The following applies to entrepreneurs: 

1. We have the choice of the type of subsequent performance vis-à-vis entrepreneurs. If the subsequent performance fails, the customer can, in principle, demand a reduction in payment (abatement) or rescission of the contract (withdrawal) at their discretion. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer shall not be entitled to withdraw from the contract.

2.  If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, they shall not be entitled to any additional claims for damages due to the defect. If the customer chooses compensation after subsequent performance has failed, the goods shall remain with the customer if this is reasonable. The compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have caused the breach of contract maliciously.

3. The provisions of § 377 HGB (German Commercial Code) remain unaffected in relation to merchants. Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.

4. Customers who are entrepreneurs are obliged to report any transport damage immediately upon receipt of the goods toreklamation@wheelworld.de with appropriate evidence (photos).

5. Only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.

6. If the customer receives faulty assembly instructions, we are only obliged to deliver fault-free assembly instructions, and only if the fault in the assembly instructions prevents proper assembly. 

7. We do not provide the customer with any guarantees in the legal sense. Manufacturer guarantees remain unaffected by this. 

8. The warranty period for new goods is one year from delivery of the goods to the customer ( ). In the case of used goods, rights and claims due to defects are generally excluded. The statutory limitation periods for recourse claims under Section 478 of the German Civil Code (BGB) remain unaffected by this. 

(3) For consumers and entrepreneurs, the above limitations of liability and limitation periods do not apply to claims for damages and reimbursement of expenses which the customer can assert in accordance with the statutory provisions for defects in accordance with § 7 (1).

(4) Transport damage: If the customer is acting as a consumer and goods are delivered with obvious damage to the packaging or contents, please report this immediately to the carrier/freight service and contact us at reklamation@wheelworld.de, attaching photographic evidence if possible, so that we can assert any rights we may have against the carrier/freight service. Failure to make a complaint or contact us has no effect on the statutory or contractual claims of the customer who is a consumer.

§ 7 Liability

(1) Wheelworld shall be liable without limitation for any legal reason in the event of injury to life, limb or health, in the event of intent or gross negligence, in the event of malice and warranty promises, and if liability arises in accordance with mandatory statutory provisions, such as the Product Liability Act.

(2) Wheelworld shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose fulfilment is of particular importance for achieving the purpose of the contract (essential contractual obligations), but only for foreseeable damages typical for this type of contract. Essential contractual obligations are those contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may rely. We are not liable for simple negligent breaches of non-essential ancillary obligations.

(3) Otherwise, our liability is excluded.

§ 8 Data protection and security

(1) The customer agrees that the personal data transmitted by him and necessary for the transaction will be stored electronically. The data will only be passed on to the companies responsible for processing, delivery and/or billing within the scope of order processing. All personal data will be treated confidentially.

(2) For further details on data protection, please refer to the "Data Protection Declaration".

§ 9 Complaints / Dispute resolution

(1) The European Commission provides a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.

(2) We always endeavour to settle any differences of opinion arising from contracts concluded with us and complaints amicably. However, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 10 Special features of purchasing through us: 

(1) In the event of a delay in delivery or final non-delivery on the part of the supplier, the supplier shall pay us a lump sum compensation amounting to 20% of the purchase price of the goods whose delivery is delayed or whose delivery has not been made. The compensation payment shall be correspondingly higher or lower if we can prove higher damages or the supplier can prove lower damages.

(2) If, after we are already in default, the supplier sets us a reasonable grace period with a threat of rejection, they shall be entitled to withdraw from the contract after this grace period has expired without result. The supplier shall only be entitled to claims for damages due to non-performance in the amount of the foreseeable damage if the delay is due to intent or gross negligence. Otherwise, liability for damages shall be limited to 50% of the damage incurred. However, this limitation of liability shall not apply if a commercial fixed-date transaction has been agreed.

(3) We are obliged to inspect the goods within a reasonable period of time. The complaint is deemed to have been made in good time if it is received by the supplier within a period of 2 weeks.

(4) Unless otherwise agreed in writing, we shall pay the purchase price within 14 days of delivery and receipt of the invoice with a 3% discount or within 30 days of receipt of the invoice net.

(5) If the supplier is responsible for product damage, they are obliged to indemnify us against claims for damages by third parties upon first request, insofar as the cause lies within their sphere of control and organisation and they are liable in external relations. In this context, the supplier shall also be obliged to reimburse any expenses arising from or in connection with a recall campaign carried out by us. We shall inform the supplier of the content and scope of the recall measures to be carried out, as far as possible and reasonable, and give him the opportunity to comment.

(6) The supplier guarantees that no third-party rights within the Federal Republic of Germany are infringed in connection with its delivery. If claims are made against us by a third party for this reason, the supplier is obliged to indemnify us against these claims upon first request. We are not entitled to enter into any agreements with the third party – without the supplier's consent – in particular to conclude a settlement. This indemnification obligation on the part of the supplier applies to all expenses that we necessarily incur as a result of or in connection with the claim by a third party.

§ 11 Miscellaneous

(1) The law of the Federal Republic of Germany shall apply. Mandatory provisions of the state in which customers who are consumers have their habitual residence shall remain unaffected. In dealings with consumers within the European Union, the law of the consumer's place of residence may also apply, provided that it concerns mandatory consumer protection provisions.

(2) The validity of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, even in cross-border delivery transactions.

(3) The place of jurisdiction for all legal disputes is the registered office of Wheelworld, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. If the consumer is not resident in Germany or in another country of the European Union, our registered office shall also be the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.

§ 12 Cancellation policy for consumers in the case of contracts concluded outside of business premises or distance contracts

(1) If the customer is a consumer, they have a statutory right of withdrawal for contracts concluded outside of business premises and for distance contracts.

(2) Contracts concluded outside business premises are contracts which are concluded in the simultaneous physical presence of the consumer and the entrepreneur at a location which is not the entrepreneur's business premises or for which the consumer has submitted an offer under these circumstances or which are concluded on the entrepreneur's business premises or by means of distance communication where, however, the consumer was personally and individually addressed immediately beforehand outside the entrepreneur's business premises in the simultaneous physical presence of the consumer and the entrepreneur, or which are concluded on an excursion organised by the entrepreneur or with his assistance in order to advertise the sale of goods or the provision of services to the consumer and to conclude corresponding contracts with him.

(3) Distance contracts are contracts in which the trader or a person acting on his behalf or on his instructions and the consumer use only means of distance communication for the contract negotiations and the conclusion of the contract, unless the contract is concluded within the framework of a distribution or service system organised for distance selling.

(4) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g (2) No. 1 BGB).

Cancellation policy

Right of withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods, if you ordered one or more goods as part of a single order and the goods are delivered or will be delivered in a single shipment, or on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered or will be delivered in a single shipment. goods are delivered separately. 

To exercise your right of withdrawal, you must inform us, 

Wheelworld GmbH 

Hüttenstraße 3, 

38871 Ilsenburg 

Email: info@wheelworld.de

Tel.: +49 (0) 39452 4828-0 

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. 

You may use the sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period. 

Consequences of withdrawal 

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. 

We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the costs of returning the goods. 

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality . 

End of the cancellation policy

SAMPLE CANCELLATION FORM:

(If you wish to withdraw from the contract, please fill out this form and send it back.) 

To:

Wheelworld GmbH 

Hüttenstraße 3 

38871 Ilsenburg 

Email:info@wheelworld.de 

I/we hereby revoke 

I/we (*)  the contract concluded by me/us (*) 

for the purchase of the following goods (*)/the provision of the following service (*) 

Ordered on (*)/received on (*) 

Name of the consumer(s) 

Address of the consumer(s) 

Signature of the consumer(s) 

(only for paper notifications) 

Date

(*) Delete as appropriate.