Conditions

General terms and conditions for purchase and manufacturing contracts of the company Wheelstore24GmbH

  • 1 Scope & Defense Clause

(1) For the legal relationships established via this wheelstore24 shop within the scope of sales contracts between the operator of the shop (hereinafter "provider") and his customers, the following general terms and conditions apply exclusively in the version at the time of

(2) Deviating general terms and conditions of the customer will be rejected.

  • 2 Conclusion of sales contracts

(1) The presentation of the goods in the wheelstore24 shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely asked to place an order.

(2) By submitting the order, the customer submits a binding offer aimed at concluding a purchase contract for the goods in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the sole authoritative basis for the legal relationship with the provider.

(3) The provider confirms the receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. For the acceptance of the offer, we base the prices on our current website at the time of the customer's request, but not prices that the customer has found from us on other websites (e.g. price search engines). The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.

  • 3 Conclusion of manufacturing contracts

(1) The presentation of the goods in the wheelstore24 shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely asked to place an order.

(2) By submitting the order, the customer submits a binding offer for the desired product, aimed at the conclusion of a manufacturing contract for the product. By submitting the order, the customer also accepts these terms and conditions as the sole authoritative basis for the legal relationship with the provider.

(3) The provider confirms the receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The seller accepts the customer's offer by sending a "production contract" after checking the customer's request for completeness and technical feasibility, at the prices applicable by the seller at this point in time. If the review of the technical feasibility requires a change to the customer's request, the seller creates the manufacturing contract with the technically necessary changes. In order for the conclusion of the contract to be effective, the customer must return the contract form signed by the customer to the seller. By signing and submitting the contract form, the customer also accepts the general terms and conditions of the seller as solely authoritative.

  • 4 right of withdrawal for consumers
    Right of withdrawal for pure sales contracts

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

In the case of a sales contract, the withdrawal period is fourteen days from the day

(a) on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

(b) In the case of a contract for several goods within the framework of a single order, which have been delivered separately, on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

(c) In the case of a contract for the delivery of goods in several partial consignments or pieces, to you or a third party named by you who is not the carrier, has or has taken possession of the last partial consignment or the last piece.

To exercise your right of withdrawal you have to contact me,

Firma Wheelstore24 GmbH

Inh.: Hendrik Luczak

Kirchwender Str. 22

30175 Hannover

Telephone: 0176 – 66854670

Email: info@wheelstore24.com

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the sample cancellation form on the website www.wheelstore24.com or www.power-bikes.de for this purpose, but this is not mandatory. You can also electronically fill out and submit the sample cancellation form or another clear declaration on our website (www.wheelstore24.com / www.power-bikes.de).

If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, 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 date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning goods that can be sent as parcels.

Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.

  • Exclusion of the right of withdrawal for manufacturing contracts

The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

End of revocation

  • 5 delivery dates

(1) Purchase contracts

Delivery in Germany takes place at the time of sale, without a production process agreed with the manufacturer being interposed within 3 days, in the rest of the EU in 5 days, in Switzerland in 10 days. Otherwise we deliver within 3 weeks. The deadline for delivery begins with payment in advance on the day after the payment order is issued to the transferring bank, or purchase on account on the day after the conclusion of the contract and ends for Germany on the following third, for the EU on the following fifth, for Switzerland on the tenth day. If the last day falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

(2) Manufacturing contracts

Delivery takes place at the individually agreed period and requires compliance with the contractually agreed advance payment at the contractually agreed time as a condition.

  • 6 Reservation of Title

The delivered goods remain the property of the provider until they have been paid for in full.

 

  • 7 due date

Payment of the invoice amount is due upon receipt of the invoice.

  • 8 Warranty

(1) The customer has statutory warranty rights for all goods and services of our wheelstore24. For claims for damages by the customer against the provider, the regulation in § 9 of these terms and conditions also applies.

(2) The limitation period for warranty claims by the customer is 2 years for consumers for newly manufactured items and 1 year for used items. In relation to entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Against entrepreneurs, the right of recourse according to § 478 BGB is also excluded from the shortening of the limitation periods.

(3) The provider does not declare a guarantee.

  • 9 Disclaimer of Liability

(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.

(2) The exclusion of liability stipulated in paragraph 1 does not apply to claims for damages due to injury to life, limb, health and claims for damages from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure ownership of it. Also excluded from the disclaimer is liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.

(3) We would like to point out that the manufacturer's warranty for original devices usually expires due to the manufacturer's general terms and conditions by installing spare parts that are not provided by the manufacturer himself. However, this does not affect the warranty assumed by us within the framework of § 8 and § 9 Paragraph 1-2 and 4 of these General Terms and Conditions for spare parts supplied by us and / or installed by us and / or the installation assumed by us.

(4) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.

 

  • 10 Prohibition of assignment and pledging

The assignment or pledging of claims or rights by the customer against the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.

  • 11 Offsetting

The customer is only entitled to set-off if his claim for set-off has been legally established or is undisputed.

  • 12 Alternative dispute resolution for consumers

The European Commission provides a platform for online dispute resolution, which you can find under http://ec.europa.eu/consumers/odr/ .
We are not obliged to settle a dispute before a consumer arbitration board and are generally not ready.

  • 13 Choice of law & place of jurisdiction

(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer, insofar as this is permissible. This also applies in particular to the provisions on the right of withdrawal for distance contracts. If further consumer rights are mandatory under the law of the respective country, these are deemed to have been agreed. The application of the UN sales law is excluded.

The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

  • 14 Severability Clause

Should a provision of these general terms and conditions be ineffective, this shall not affect the effectiveness of the remaining provisions.

 

Cancellation form for download (german)

 

 

 

 

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to settle a dispute before a consumer arbitration board.

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