1. Scope
For business relationships with the orderer the following terms of service apply in their valid on orders via the internet shop at the time of placing the order.
2. Conclusion of the contract
The display of our products in our internet shop merely represents a proposal towards the customer to conclude a contract.
By submitting the order, the customer makes an offer according to Section 145 German Civil Code (BGB). The customer receives a confirmation by e-mail that the order has been placed.
The contract with us is concluded if we accept the offer of the customer within 2 work days after the submitting the order in writing or in text form. Relevant for the contract conclusion is the moment the customer receives the acceptance note.
Work day is every calendar day, except Sundays or nation-wide statutory holidays.
3. Delivery, shipping costs, transfer of risk
Delivery takes place according to the individually displayed shipping costs. As far as the customer is the consumer, we bear the shipping risk, regardless of the method of delivery. As far as the customer is entrepreneur, all risks and perils transfer to the customer as soon as the products have been handed over to the logistic partner commissioned by us.
4. Reservation of title
The products remain our property until receipt of complete payment of the purchase price.
5. Payment
Only the methods of payment displayed to the customer during the order process will be accepted.
6. Defect liability
a) Regulations on sale of new products
On sale of new products, the legal regulations concerning defect liability apply.
b) Regulations on sale of used products
Regardless of the following rules concerning the reduction of defect liability periods on sale of used products, the limitation period for compensation claims in case of harm to life, body and health resulting from intentional or negligent violation of duties by us, our legal representatives or vicarious agents remains unchallenged. Further, regardless of the following rules concerning the reduction of defect liability periods on sale of used products, the limitation period for compensation claims concerning other damages resulting from intentional or grossly negligent violation of duties by us, our legal representatives or vicarious agents remains unchallenged. Also a possible liability according to the German Product Liability Act remains unchallenged.
Further, the defect liability period for used products is one year if the customer is consumer. If the customer is entrepreneur, defect liability is excluded. Further, legal regulations concerning defect liability apply.
7. Information for consumers concluding distant selling contracts as well as customer information in cases of e-commerce contracts
a) We are not bound to special codes of conduct or codes of conduct not mentioned in these terms of service.
b) Possible input errors during the order process can be detected before finally confirming your contract proposal and can be corrected at any time using the delete/edit function before submitting the order.
c) For essential properties of the products offered by us as well as the validity dates of limited offers, please check the individual product descriptions within the scope our internet offer.
d) The contractual language is German.
e) Complaints and claims according to defect liability can be directed towards the address displayed in the legal notice.
f) The contract text will not be stored by us and is therefore not available for you as the customer after the conclusion of the contract.
g) For information concerning payment, delivery or performance, please check the individual offer.
8. Miscellaneous
To contracts between Michael Behrendt and the customer, the law of the Federal Republic of Germany applies under exclusion of CISG law.Even if single regulations appear to be legally invalid, other regulations remain unchallenged. Download the withdrawal form here
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Michael Behrendt, Zeppelinstr. 48, 911878 Röttenbach, Fax: 0049-9172-669928, Email: info@hmb-guzzi.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.