Terms and Conditions
§ 1 Scope of application, customer information
The following general terms and conditions settle the contractual agreement between Jens Scharphuis / Offroad-Kontor and the private and business customers who purchase goods from our shop. Any terms and conditions opposing or differing from those settled by this document will not be accepted by Jens Scharphuis / Offroad-Kontor. The contractual language is German.
§ 2 Conclusion of contract
We invite our customers to purchase the products we offer by our Internet web page on a non-committal basis.
After entering the requested data and punching the “order” button, our customers commit themselves officially to concluding the respective contract. It is also possible for them to place any binding orders by telephone or telefax. On receipt of their order, we send our customers a corresponding confirmation of receipt, either by e-mail or by telefax. This confirmation does not yet acknowledge any contract conclusion.
We are entitled to confirm the contract conclusion within one day by sending the customers who have placed the order an order confirmation by e-mail. After effectless process of the in phrase 1 mentioned period your order is deemed to be defeated. You are not longer bounded to your offer. When placing orders by telephone, the contract is concluded if we accept any order without delay. If not, the order is no longer binding for the customer.
§ 3 Customer information: Storage of customer order data
We will digitally store any customer order data containing the order details, i. e. product specifications, prices etc. We enclose our general terms and conditions in writing with any consignment sent to our customers. It is also possible to download the general terms and conditions from our Internet web page at any time after conclusion of the contract.
Any customers registered by our web page have access to their previously placed orders by entering via customer LogIn (personalised customer account).
§ 4 Customer information: Correction of data
Prior to placing an order, it is possible to correct any data entered by using the delete key. During the Internet ordering process, our customers are informed about several other ways of correction. It is also possible to cancel the Internet ordering process completely at any time by closing the network browser window.
§ 5 Right of return
When purchasing goods from our Internet web page, we grant our private customers a right of return instead of the right of contract cancellation.For any details regarding the right of return, please refer to the corresponding instruction.
§ 6 Reservation of proprietary rights
We reserve ownership of the goods until complete payment of the purchase price.
§ 7 Limitation of customer guarantee claims
Consumer guarantee claims regarding second-hand articles
The legal regulations apply regarding this case.
Business customers’ guarantee claims
Any business customers’ guarantee claims due to faulty sales items are limited to one year from passing of risk. Excluded from this rule are any damage claims caused by intentional misrepresentation by silence on our part as well as any claims against guarantees we grant regarding the condition of an item. Furthermore, the right of recourse according to § 478 BGB is also excluded from the above-mentioned rule. Regarding all the exceptions from the rule as specified above, the legal periods of limitation are valid.
§ 8 Limitation of liability
We exclude liability for any breach of duty caused through minor negligence, as long as these do not concern any contractual obligations, damages caused by life, bodily or health injuries as well as guarantees or claims according to the Product Liability Act. The same applies to any breach of duty caused by a person assisting in the performance of our obligations and caused by our legal representatives. Our contractual obligations mainly include the duty to supply our customers with the ordered items and to transfer the corresponding ownership to them. Furthermore, it is our duty to provide our customers with the ordered items devoid of any defects of quality or title.
§ 9 Commercial address for service
For all merchants, the sole commercial address for service regarding any disputes subject to this contract is our business location.