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(1) The following terms and conditions apply to all contracts between IS Development s.r.o., Třída práce 42, 79201 Bruntál, CZ - hereinafter referred to as provider - and the client, which www.xoffroad.world on the website to be closed. Unless otherwise agreed, the involvement of its own conditions of the customer is excluded.
(2) Consumers in terms of the following regulations is every natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
(3) The contract language is German. The full text of the contract is not stored offered. Before sending the order through the online - shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order offered by the order data, the information required by law for distance contracts and the General Terms and Conditions are sent to the customer via e-mail again.
If requests for quotations, the example by telephone, transmitted via email, in writing or through an integrated on the website request form to the vendor, the customer receives all contract data in the context of a binding offer sent by email, which can print or save the customer electronically.
Subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods can be found in the article description and additional information on the website.
(1) The product descriptions of the provider on the Internet are not binding and not a binding offer to conclude a contract.
(2) The customer can a binding purchase offer (order) on the Online - Make shopping cart system. The purchase of goods intended to be placed in the "shopping basket". The customer via the appropriate button in the navigation bar to call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and the input of personal data and the payment and shipping terms all order data is finally once again displayed on the order summary page. Before sending the order the customer has the opportunity here to check all the details again to change, (also using the "back" of the Internet browser) or cancel the purchase. By sending the order via the "pay it order", the customer makes a binding offer offered. The customer receives an automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and therefore the contract) is done either by confirmation in writing (eg e-mail), in which the customer confirmed the goods the processing of the order or delivery or by delivering the goods. If the customer within 2 days no confirmation of order or notice of the shipment or do not have the goods, he is no longer bound to his order. If necessary services already rendered will be refunded immediately in this case.
(4) requests the customer to purchase goods or to individual quotations outside the online - shopping cart system, for example, by telephone, transmitted via email, in writing or through an integrated on the website request form to the vendor, are not binding for the customer. The supplier shall submit to the customer for this purpose a binding offer in writing (eg by email) that can accept it within 5 days of the customer.
(5) The completion of the order and submission of all necessary information in relation to the final contract is partially automated email. The customer must therefore ensure that the instrument deposited by him offered e-mail address is correct, the reception of emails technically assured and is in particular not prevented by spam filters.
(1) References in the respective offer prices and shipping costs are final prices. They include all price components, including all applicable taxes.
(2) The shipping costs are not included in the purchase price. You are on the page "Payment and shipping" callable, are reported separately during the order process and have to be paid additionally by the customer, unless the shipping charge delivery is promised.
(3) The customer receives an invoice showing VAT.
(1) The terms of payment and shipping please inquire by email.
(2) Unless otherwise stated in the individual payment, the payment claims from the completed contract immediately due for payment.
(3) If a member appointed by the customer product, contrary to expectations not be available despite prompt conclusion of an adequate hedging transaction of a the supplier for reasons beyond the customer will be informed immediately about the unavailability and refund in case of withdrawal any payments already made immediately.
(4) For consumers is regulated by law that the risk of accidental loss and accidental deterioration of the sold during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured occurs.
If the customer is an entrepreneur, supply and shipment is done at his own risk.
In the event of the exercise of the applicable consumer statutory cancellation right for distance contracts is agreed that the customer has to bear the cost of returning if the price returned does not exceed an amount of 40 euros or if at a higher price the thing Customers can return or a contractually agreed partial payment at the time of the revocation not yet rendered, unless the goods delivered not ordered. In all other cases the supplier shall bear the cost of returning. For returns, we will make the refund within 14 days upon receipt of faultless goods.
(1) A lien, the Customer only exercise if it is receivable from the same contractual relationship.
(2) The goods remain until full payment of the purchase price by the seller.
(3) If the customer is an entrepreneur, the following also applies:
a) The seller retains title to the goods until the complete settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he assigns to us all claims in the amount of the invoice, which accrue from resale to which the assignment accepting from vendors. The customer is also authorized to collect the debt. As far as he meets his payment obligations properly, the provider reserves the right, however, to collect the debt itself.
c) When connecting and mixing of the goods the seller acquires joint ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The supplier undertakes to release the securities he is entitled at the request of the customer insofar as the realizable value of the collateral from the vendor exceeds the secured claim by more than 10%. The choice of securities to be released is incumbent upon the provider.
(1) The statutory provisions.
(2) As a consumer is asked to check the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the shipper complaints as soon as possible inform the customer. The customer fails to comply, this has no effect on the statutory warranty claims.
(3) If the customer is an entrepreneur, by way of derogation from paragraph 1:
a) the term quality of the goods only the own information by the provider and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) The customer is obligated to inspect the goods immediately and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods the seller in writing, for the term protection the timely sending is enough. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects the seller makes at its option by repair or replacement. If the repair fails twice, the customer can demand reduction or withdraw from the contract at his discretion. In case of repair, the provider does not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened period of warranty does not apply to the seller attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith of the supplier, as well as recourse claims in accordance with §§ 478, 479 BGB.
(1) The provider is liable each unlimited liability for damage arising from injury to life, limb or health, for in all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the condition of the purchased item, in case of damage the Product Liability Law and in all other cases established by law.
(2) If essential contractual obligations are concerned, the liability of the provider in case of slight negligence to the typical, foreseeable damage. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the seller imposes the contract to its content for purpose of the contract, which makes the proper execution of the contract at all possible may make and to which the customer may regularly rely.
(3) liability is excluded in case of slightly negligent violations of insignificant contractual obligations.
(4) Data communication via the Internet can not be guaranteed error free and / or available at all times at the current state of the art. The provider is liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there.
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
(2) performance for all aspects of the business, as well as jurisdiction to the existing provider is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets. The same applies if the customer has no general jurisdiction in Germany or the EU or domicile or habitual residence at the time the action is not known. The authority also call the court in another legal jurisdiction remains unaffected.
(3) The provisions of the CISG expressly not apply.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/