Harley-Davidson Fork Cover Set Black...
§ 1. Scope
1. The following conditions of sale apply to the contract between the seller and the buyer contract for the supply of goods.
2. All agreements that are made between the seller and the buyer in connection with the purchase contracts, are in the contract of sale, laid down these conditions and any confirmation of the seller. Any Conditions of the buyer are only components of the contract if the seller agrees to them expressly and in writing.
§ 2. Conclusion
1. The products and services listed by the seller on the Internet are not a binding offer, they are an invitation to the buyer is to submit to the Seller a binding offer.
2. The order of the Buyer with its receipt by the seller represents a binding offer to conclude a purchase contract. The purchase comes through the acceptance of the offer by Seller about. If the seller takes the offer, the confirmation of conclusion of the contract within 14 days is carried out either by an order confirmation or by delivering the goods ordered. When ordering over the Internet, the seller confirms the receipt of the purchase order immediately electronically.
§ 3. Prices and Payment
1. The prices are final, ie include the applicable VAT. The additional costs for shipping and handling is detailed in the ordering process. Supplementary information to the shipping costs can be found at point shipping.
2. The valid at the time of order prices. The prices of products and shipping costs relate to a delivery within Germany. Seller also provides to end users in the EU.
3. If agreed otherwise in writing with the buyer, the purchase price without deduction is due immediately and the following pay:
a. Prepayment via bank transfer
c. Cash and carry
§ 4. Retention of title
1. The goods remain the property of the seller until the buyer has fulfilled all liabilities arising from the current and future business with the buyer.
2. The buyer must notify the seller of all third parties, especially foreclosure measures as well as other impairments of his property immediately in writing. The buyer must compensate the seller for all damages and costs arising from a breach of this obligation and by necessary intervention measures against access by third parties.
3. If the purchaser breaches the contract, especially if the buyer fails to meet its payment obligations, the seller may, after giving a reasonable time limit to rescind the contract and demand the return of even number of his goods. Repossession of goods by the seller to withdraw from the contract. The case transport costs borne by the buyer. The seizure of the goods by the Seller always a withdrawal from the contract. The seller is entitled to the receipt of returned goods for recycling purposes. The proceeds shall be offset against the existing liabilities of the buyer arising minus sales costs.
§ 5. Offsetting / retention of the buyer
The purchaser is entitled to offset, even if complaints or counterclaims are invoked, subject to possible reduction, only authorized if the counterclaims have been legally determined, were recognized by the seller or are undisputed. To exercise a lien, the buyer is only authorized if its counterclaim is based on the same purchase contract.
§ 6 Delivery and availability of title
1. Delivery dates or periods, which have not been expressly agreed as binding, are to be regarded solely as non-binding information.
2. If the seller an agreed upon period may not comply or gets out otherwise falls behind, the buyer has a reasonable grace period - starting with the date of receipt of the written reminder at the seller - or in the case of day determined period starting with this to grant. After expiry of this period, the buyer is entitled to withdraw from the contract.
3. The seller is liable under the statutory provisions, subject to the following limitations if it is the contract is a firm deal or the buyer is entitled as a result of the fault of the seller delivery delay, to invoke the cessation of interest in contract performance.
4. The seller is liable to the buyer for late delivery in accordance with statutory provisions if the delay in delivery to an intentional part of the seller or grossly negligent breach of duty. The seller is a fault of its representatives or agents shall be attributed.
5. Transportation due to be taken by the seller delay in delivery to the culpable breach of a contractual obligation (cardinal obligation), the seller is liable according to legal regulations. In this case the liability for damages is limited to foreseeable, typically occurring damage. Any further liability of the seller is excluded.
6. The seller is to make partial deliveries and services at any time entitled to the extent that this is reasonable for the customer.
7. Energy shortages, strikes, lockouts, traffic disturbances and official orders and delivery overruns of, business disruptions, all cases of force majeure and other from a seller or working for the seller operation due to circumstances beyond freeing the seller for the duration of its existence, insofar as it affects its ability to deliver , of its obligation to deliver. In the aforementioned cases, the seller is also - notwithstanding any other provisions of these Terms - entitled to damages, to withdraw from the contract if he become the performance impossible or unreasonable or an end of the hindrance is not in sight.
8. If circumstances arise after no. 7, the seller informs the buyer immediately of the delayed availability of the delivery item. The same applies to a contract is terminated by the Seller due to circumstances within the meaning of no. 7. In the latter case, the seller refunded to the buyer immediately his possibly payments.
9. If unforeseen events in the sense mentioned substantially change the economic importance or the contents of the Supplies or considerably affect the operation of the contractor, the contract shall be adapted by mutual consent, in compliance with good faith. Insofar as this is not economically justifiable, the buyer has the right to cancel the contract. Wishes to make use of the purchaser of this right, it shall notify this to the seller immediately with, even if an extension of the delivery period was initially agreed with the buyer. In the latter case, the seller refunded to the buyer immediately his possibly payments.
§ 7. Warranty / Liability
1. As far as a responsible forming from seller lack of in the goods, the seller - under exclusion of the rights of the buyer from the contract or reduce the purchase price - obliged to subsequent performance. This does not apply if the seller is entitled due to the law to refuse the supplementary performance. In other cases, the buyer must grant the Seller a reasonable time limit.
2. The subsequent performance can take place after the election, demand the removal of the defect or delivery of new goods, if the seller is a kind of remedy not these may refuse due to disproportion. The amendment will be considered the second unsuccessful attempt. If subsequent performance fails, the purchaser may require or withdraw from the contract (reduction) demand a reduction of the purchase price.
3. Claims for damages in lieu of performance because of a lack of goods, the buyer may only be asserted on the following conditions once the supplementary performance has failed. The buyer's right to claim further damages on the following conditions remains unaffected.
4. The seller is fully liable under the statutory provisions for damage to life, limb or health based on a negligent breach of duty by him, or intentional or negligent breach of duty, his legal representatives or his agents, as well as for damages covered by the liability under the Product Liability Act will.
5. As well as the seller of the goods or parts thereof has delivered a quality and / or durability, he is liable under this warranty. For damages based on the lack of guaranteed quality or durability, but not directly to the goods, the seller is only liable if the risk of such damage is clearly covered by the quality and durability guarantee.
6. The seller is also liable for damages caused by simple negligence if this negligence concerns the breach of contract (cardinal obligation). The same applies if the purchaser is entitled to claim damages instead of performance. However, the seller is liable only if the damages are typically associated with the contract and foreseeable.
7. Any further liability of the seller is excluded without consideration of the legal nature of the asserted claim; this especially applies to tort liability claims or claims for reimbursement of expenses instead of performance; without prejudice to the liability of the seller in accordance with IV no. 3 of these conditions. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives and agents.
8. Statutory rights of recourse of the buyer against the seller shall apply only if the buyer has not met with his customers over and above statutory warranty claims agreements. the above provisions shall apply mutatis mutandis to the scope of recourse of the customer against the seller.
9. The seller maintains a separate service.
§ 8. Data protection
Personal data will be treated confidentially and (including your house and e-mail address) not divulge to third parties without the explicit and revocable consent of the buyer. Excluded are necessary for managing the contract data that is stored and, if required to the framework of contract management on to affiliated companies (for example, in keeping with the shipping company and the staff responsible for processing payments). In these cases, the amount of transferred data is limited to the minimum necessary. For credit checking and monitoring creditworthiness, the disclosure of address and credit data occurs during the period of contract implementation, where appropriate, to the SCHUFA Holding AG. Furthermore, address and order data for own and other marketing purposes are collected, processed and passed on to third parties. In computing the legitimate interests in accordance with the statutory provisions are considered. The buyer can use, processing or transmission of their data for marketing purposes at any time by notifying the seller or withdraw his consent. Upon receipt of the objection or revocation, the seller will no longer use the affected data for marketing purposes and process, stop sending advertising material without delay and not to pass on the information for marketing purposes. According to the Federal Data Protection Act you have a right to free information about your stored data and a right to rectification, blocking or erasure of data.
§ 9. Image rights
All image rights are held by the seller or its partners. Use without express permission is prohibited.
§ 10. Final provisions, applicable law, language
1. Relations between the parties are governed solely by the laws in force in the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods, the Law on the conclusion of international sales contracts for movable goods as well as the German international private law are excluded.
2. Exclusive contract language is German.
3. If the buyer is an entrepreneur as the AG Zeven exclusive jurisdiction for all mutual claims.
§ 11. Severability
By the invalidity of one or more clauses, the validity of the remaining provisions and the contract is not affected. The contracting parties are obliged to replace the invalid clauses by other provisions that are economically close as possible to the ineffective clause.
§ 12. Complaints and dispute resolution for consumers
As of February 15, 2016, the EU Commission prepared a platform for extrajudicial dispute resolution. Consumers this gives the opportunity to settle disputes related to your online order first without the intervention of a judge. The dispute resolution platform is under the external link http://ec.europa.eu/odr/ accessible. We are not obliged to participate in a conciliation procedure and unfortunately can not offer to participate in such a procedure.