General terms and conditions

Stand: 11.11.2009

To the purpose of decision over the grounds, Implementation or termination of a contractual relationship raise or use we probability values, in their calculations inter alia Address data flow.

§ 1
Purview & defense term
(1) For the over the Internet shop justified legal relations between the operator of the shop (the "offerer") and its customers apply exclusively in the following general terms and conditions in the current version at the time of the order.

(2) Different general terms and conditions of the customer will be rejected. These will only be effective if they are confirmed by the provider in explicitly writing.

§ 2
Formation of Contract
(1) The presentation of the goods on the Internet-Shop does not constitute a binding offer by the offerer to conclude a sales contract. The customer is thus simply to place an order through a tender.

(2) By sending the order via the Internet shop enters the customer a firm offer directed to conclude a sale on the merchandise contained in the basket. With the mailing of the order acknowledges the customer also these terms and conditions as to the legal relationship with the advertiser alone significant.

(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail or fax. This order confirmation does yet not constitute acceptance of the Contract offer by the provider. It serves merely to inform the customer that the order has been received from the provider. The declaration of acceptance of the Contract offer ensued by the delivery of goods or an explicit declaration of acceptance.

§ 3
Cost of the return upon exercise of the right of cancellation
Makes the customer of his right of cancellation avail, he has to bear the normal cost of the return, if the delivered goods ordered conforms and if the price returned the case an amount not exceeding 40 euros or if the customer at a higher price the thing at the time of cancellation not yet the consideration or has provided a contractually agreed part payment. Otherwise the return for the customer is charged.

§ 4
Right of revocation for consumers within the meaning of § 13 BGB

Cancellation policy:

Right of revocation
You can change your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods repeal. The time limit begins after receipt of this notification in writing,  but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our information obligations according to § 312c paragraph 2 BGB in association with § 1 Sections 1, 2 and 4 BGB-InfoV and our obligations according to § 312e paragraph 1 sentence 1 BGB in association with § 3 BGB-InfoV. To adherence the cancellation period sufficient the due notice dispatch of the cancellation or the goods.

The revocation must be sent to:

Motorenwerke Zschopau GmbH
Alte Marienberger Str. 30-35
09434 Hohndorf

Revocation consequences
In the event of a cancellation have to return the benefits received and any benefits (eg interest). Can you give us the performance received in whole or in part, not or only give back in a deteriorated condition, you must pay us compensation for the value accomplish.By the release of things this does not apply, if the worse case solely on the test - as it would have been possible in a store -  is due. In addition, you can the obligation to compensation for a purpose by putting the matter resulting deterioration avoid, by taking the thing not like your property take into use and all refrain, that could reduce its value. mailable goods are to be returned at our risk. You have to bear the cost of the return, if the delivered goods ordered conforms and if the price of the returnable goods an amount of 40 euros not exceeds or if you are at a higher price the goods at the time of cancellation not yet the consideration or have provided a contractually agreed part payment. Otherwise, the return is free for you. Not mailable goods will be picked up. Obligations to reimburse payments must be made within 30 days. The time limit begins for you with sending your cancellation or the goods for us with whose receipt.

Special notes
By a service void your right of cancellation prematurely, if your contracting party with the execution of the service with your express consent before the end of the cancellation period has begun or you have it himself.

end of cancellation policy

§ 5
Qualified sale
The delivered goods remain in the property of the provider until full payment.

§ 6
Time for payment
The payment the purchase price is due with contract.

§ 7
Warranty
(1) The warranty rights of the customer directed after the general statutory provisions, if following nothing else is intended. For to claim damages of the customer opposite the offerer apply the regulation in § 7 of this GTC. 

(2) The limitation period for warranty claims of customers amounts by consumers for new manufactured goods 2 years, on second-hand goods 1 year. Compared to entrepreneurs the limitation period for newly manufactured goods 1 year, by used goods 6 months. The above reduction of the limitation period does not apply to damages claims by the customer due to injury to life, limb, health, and claims for damages due to an injury fundamental contractual obligations. Fundamental contractual obligations are those, their fulfillment to achieve the objective the contract is necessary. The above reduction of the limitation period also does not apply to claims for damages, based on an intentional or grossly negligent breach of duty of the agent, his legal representatives or vicarious agent consist.

(3) A guarantee will not taken by the offerer.

§ 8
Exclusion of liability
(1) Customer claims for damages are excluded,  if following nothing else is determined. The above disclaimer applies to the benefit of legal representatives and agents of the provider, if the client claims against these claims makes.

(2) From the below number 1 specific disclaimer except for claims for damages due to injury to life, limb, health, and claims for damages from injury fundamental contractual obligations. Fundamental contractual obligations are those, their discharge to achieve of the objective of the contract is necessary. From the disclaimer also excluded is liability for damage, based on an intentional or grossly negligent breach of duty of the agent, his legal representatives or vicarious agent consist.

(3) Regulations of the law product liability law (ProdHaftG) remain unaffected. 

§ 9
Non-assignment clause and share pledge prohibition
The assignment or pledge of the customer to the provider claims or rights shall be excluded, unless the provider is not writing. To approval is the provider is only obligated, if the customer has a legitimate interest in the assignment or pledge proves.

§ 10
Offsetting
A offsetting right of the customer exists only, if his to offsetting asked demand has been legally determined or undisputed.

§ 11
Freedom of choice & Place of jurisdication
(1) On the contractual relationships between the offerer and the customer finds the law of the Federal Republic of Germany application. The application of the UN Convention on Contracts for the International Sale of Goods, short CISG, is excluded.

(2) Jurisdiction for all disputes arising out of the contractual relationship between the customer and the offerer is the seat of offerers, if it is by the customer at a merchant, a legal entity under public law or a public special assets deals.

§ 12
Salvatorius clause
If any provision of these general terms and conditions be invalid, will the validity of the remaining provisions thereof not affects.

Source: Rechtsanwalt Kündigung & Kündigungsschutz Hannover