General Terms and Conditions | OR24.de

§ 1 Basic Provisions

1. The following terms and conditions apply to contracts that You conclude with us as the provider (Original Räder 24 GmbH) via the website www.or24.de. Unless otherwise agreed, the inclusion of any of Your own terms and conditions is hereby rejected.
2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

1. The subject matter of the contract is the sale of goods.
2. By placing the respective product on our website, we already make You a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

3. The contract is concluded via the online shopping cart system as follows:

   The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, You can access the "shopping cart" and make changes there at any time.

   After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering personal data as well as payment and shipping conditions, the order data is finally displayed as an order overview.

   If You use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), You will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, You make the corresponding selection or enter Your data there. Finally, the order data is displayed as an order overview on the website of the instant payment system provider or after You have been redirected back to our online shop.

   Before submitting the order, You have the opportunity to review the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.

   By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or similar designation), You declare legally binding acceptance of the offer, whereby the contract is concluded.

4. Your enquiries for the preparation of an offer are non-binding for You. We will submit a binding offer to You in text form (e.g. by email), which You can accept within 5 days (unless a different period is specified in the respective offer).
5. The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partially automated. You must therefore ensure that the email address You have provided to us is correct, that the receipt of emails is technically ensured, and in particular is not prevented by SPAM filters.
6. For sales via the Kleinanzeigen platform (Kleinanzeigen.de), the contract is not concluded via an automated ordering system, but through individual communication between buyer and seller. Payment is made via [PayPal, bank transfer, cash payment on collection or other agreed payment method]. The general provisions of these terms and conditions apply insofar as they are applicable to this type of contract conclusion.

§ 3 Special Agreements on Offered Payment Methods

1. Credit Check

   If we provide advance payment, e.g. for payment on invoice or direct debit, Your data will be forwarded to protect our legitimate interests for the purpose of a credit check based on mathematical-statistical procedures to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden. We reserve the right to refuse You the payment method on invoice or direct debit as a result of the credit check.

2. Payment via "PayPal" / "PayPal Checkout"

   When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply for these, You will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/en/webapps/mpp/ua/legalhub-full .

§ 4 Right of Retention, Retention of Title

1. You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
2. The goods remain our property until full payment of the purchase price.
3. If You are an entrepreneur, the following additionally applies:
   1. We retain ownership of the goods until full settlement of all claims from the ongoing business relationship. Pledging or transfer by way of security is not permitted before transfer of ownership of the reserved goods.
   2. You may resell the goods in the ordinary course of business. In this case, You hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept the assignment. You are further authorised to collect the claim. However, insofar as You do not properly fulfil Your payment obligations, we reserve the right to collect the claim ourselves.
   3. In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
   4. We undertake to release the securities to which we are entitled at Your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§ 5 Warranty

1. The statutory rights of defect liability apply.
2. Insofar as You were informed by us before submitting the contractual declaration and this was expressly and separately agreed, the limitation period for defect claims for used goods is one year from delivery of the goods. The above restriction does not apply:
   • for damages attributable to us caused culpably from injury to life, body or health and for other damages caused intentionally or through gross negligence;
   • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
3. As a consumer, You are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If You fail to do so, this has no effect on Your statutory warranty claims.
4. Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if You were informed by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
5. Subsequent Performance, Workshop Commissioning, Cost Reimbursement
   1. Please inform us of suspected defects as soon as possible after discovery and give us the opportunity to check and coordinate subsequent performance.
   2. The buyer must make the goods available to us for the purpose of subsequent performance.
   3. We bear the expenses necessary for the purpose of subsequent performance within the framework of the statutory provisions, in particular transport, travel, labour and material costs.
   4. We may refuse the type of subsequent performance chosen by the buyer if it is only possible with disproportionate costs.
   5. If the buyer commissions measures from third parties without prior coordination, in particular diagnosis, removal or installation, programming, repair or sensor change at a workshop, a claim for reimbursement of the costs incurred only exists insofar as we are legally obliged to do so. This may be the case in particular if we are in default with subsequent performance or the measure was objectively necessary to prevent further damage. Otherwise, cost assumption only applies after prior agreement.
   6. Insofar as costs are to be reimbursed, the necessary and customary costs of an independent specialist car workshop are generally reimbursed. Additional costs arising solely from commissioning a brand or contract workshop are only assumed by us after prior agreement in text form or insofar as commissioning was objectively necessary in the individual case.
   7. Insofar as this is possible in the individual case, we request a cost estimate before chargeable work. Reimbursements are made against proof (invoice with work items and proof of payment).
6. Insofar as You are an entrepreneur, the following applies in deviation from the above warranty provisions:
   1. Only our own information and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
   2. In the event of defects, we provide warranty at our discretion through repair or replacement delivery. If the defect rectification fails, You may, at Your choice, demand a reduction or withdraw from the contract. The defect rectification is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the goods or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, insofar as the transport does not correspond to the intended use of the goods.
   3. The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
      • for damages attributable to us caused culpably from injury to life, body or health and for other damages caused intentionally or through gross negligence;
      • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
      • for items that have been used for a building in accordance with their customary use and have caused its defectiveness;
      • for statutory recourse claims that You have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

1. German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).
2. The place of performance for all services from business relationships with us and the place of jurisdiction is our registered office, insofar as You are not a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if You do not have a general place of jurisdiction in Germany or the EU or if Your domicile or habitual residence is not known at the time the action is brought. The authority to also bring an action before a court at another statutory place of jurisdiction remains unaffected by this.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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