Terms of conditions
Scope and provider
(1) The following General Terms and Conditions apply to all deliveries and services between us and a consumer in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
(3) The general terms and conditions therefore apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) The languages available for the contract are German and English.
(5) You can retrieve the currently valid General Terms and Conditions on our website.
Contracting party; Conclusion of contract
(1) The purchase contract is concluded with Laurenz Dann – PUSH components.
(2) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(3) By clicking on the button “Submit order” you submit a binding offer (§ 145 BGB).
(4) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). This order confirmation does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
(5) A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer or if we ship the goods to you without prior express acceptance.
The prices stated on the product pages are final prices plus the respective shipping costs. According to § 19 UStG, we do not charge sales tax and therefore do not reject it (small business owner status) “. If we are to deliver the goods outside the European single market, you will pay the additional costs, in particular customs duties, customs and handling fees and taxes.
Payment terms; Delay
(1) The following payment options are available in our shop: Invoice in advance, Paypal or cash on collection.
(2) When selecting the payment method “advance payment” we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
(3) By selecting the payment method “Paypal” you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process.
(4) If you select the payment method “Cash on pickup” you pay the invoice amount on pickup in cash.
(5) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
Offsetting / retention right
(1) You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you. The delivery time within Germany is about 3-4 business days from receipt of payment. For international shipping, the delivery time may be extended.
(2) You have the option of picking up at Laurenz Dann – PUSH components, Jahnweg 17, 83714 Miesbach, Germany at the following business hours: by appointment.
(3) The goods remain our property until full payment of the purchase price.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- In the case of combination and mixing of the reserved goods, we acquire co-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.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
PUSH components – Laurenz Dann
by means of a clear statement (email or letter) about your decision to withdraw from this contract.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You must pay for any loss of value of the goods, if this loss of value is due to an unnecessary to check the nature, characteristics and functioning of the goods dealing with them. This is the case if the testing goes beyond testing before a mountain bike or mountain tour.
(1) The right of withdrawal does not apply to delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
(3) Please note that the modalities mentioned in the previous paragraph 2 are not a prerequisite for the effective exercise of the right of withdrawal.
(1) If goods are delivered with obvious damage in transit, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods – deviating from the statutory provisions – is one year from delivery of the goods. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party can regularly rely (cardinal duty) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
- For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
- In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of repair, we do 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 correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your option.
- The warranty period is one year from date of delivery.
(1) Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
(2) For the rest, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you can regularly rely (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board. Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Sales Convention”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.