General Terms and Conditions of Business
2. Orders / Conclusion of the contract
3. Delivery, partial deliveries, default of acceptance, transport risk and delivery deadlines
4. Guarantee / Exclusion of liability
5. Information for the buyer in accordance with the rules of the Distance Selling Act (FernAbsG)
6. Duty of care
7. Reservation of proprietary rights
8. Prices and conditions of payment
9. Place of performance and court of jurisdiction
AKRON GmbH only sells and delivers its goods in accordance with the following conditions (General Terms and Conditions of Business or GTCs), in line with the information that is valid on the day of the purchase. Verbal agreements are ineffective. Explanations and promises are only binding following written confirmation from AKRON GmbH. This also applies in the event of contradictory purchasing conditions of the buyer. These are overridden by the GTCs of AKRON GmbH. AKRON GmbH does not recognize such conditions, even if AKRON GmbH does not explicitly reject them. AKRON GmbH is based in 76437 Rastatt. AKRON GmbH operates a trading company with vehicle accessories and/or vehicle maintenance equipment.
All offers are subject to confirmation. In particular, AKRON GmbH reserves the right to make technical changes or price changes.
Orders / Conclusion of the contract
Orders are only binding for AKRON GmbH following receipt of the order. AKRON GmbH expressly reserves the right to refuse acceptance of an order. Furthermore, AKRON GmbH can reject an order at any time without providing a reason. In such a case, no contract is concluded.
Delivery, partial deliveries, default of acceptance, transport risk and delivery deadlines
If accessories of any kind are delivered incorrectly or in a manner making them unusable due to unclear, insufficient or missing information from the buyer, the buyer bears the full risk. Claims of any kind are excluded to this extent.
If the buyer does not expressly request an order confirmation, the delivered or provided invoice shall also apply as confirmation of the order.
AKRON GmbH alone is responsible for choosing the transport company. AKRON GmbH accepts no liability for the determination of the cheapest form of delivery.
All deliveries are made at the risk of the buyer. The buyer may not accept damaged goods from the transport company
until the damage has been recorded and accepted by the company.
Failure to observe this requirement shall result in the buyer bearing full responsibility for the damage.
Goods damaged during transport should only be returned after contacting AKRON GmbH.
The buyer must cover the normal costs for returning the goods, if the delivered goods correspond with the ordered goods and the price of the goods to be returned does not exceed 40 euros, or in the event of a higher price, the buyer has not provided the service in return or the contractually agreed part payment at the time of the revocation. Otherwise, the buyer is not responsible for covering the costs for returning the goods.
Guarantee/ Liability for defects / Exclusion of liability
The guarantee obligation period of AKRON GmbH is 1 month.
AKRON GmbH is authorized to offer the buyer a lower price in the event of a defect. The amount of the reduction will be agreed upon between the buyer and AKRON GmbH. Failing this, AKRON GmbH may choose to provide a replacement or an improvement, or have one commissioned. The replacement liability shall in any case be limited to the replacement of the part in question. If the fault remains after delivery of the second replacement part or improvement, the buyer reserves the right to withdraw from the contract. In the event of any fault, the goods must always be made available to AKRON GmbH.
In the event of an improvement or replacement part, AKRON GmbH is not obliged to provide a replacement for the period in question.
Claims regarding this defect, in particular claims for damages, are excluded.
Willful intent or gross negligence on the part of AKRON GmbH are excluded from this clause. All subsequent damage and damage caused by incorrect or improper and inappropriate treatment, assembly, usage or operation of the parts delivered by us are also generally excluded.
Information for the buyer in accordance with the rules of the Distance Selling Act (FernAbsG)
In accordance with the currently applicable regulations on distance contracts, the buyer is entitled to a right of withdrawal based on the following information.
Right of revocation
You may cancel your contract within 14 days without reason in text form (e.g. letter, fax, email) or – if the item has been delivered to you before expiry of this deadline – by returning the item. The deadline begins with the receipt of this information in text form, however not prior to the receipt of the goods by the recipient (with multiple deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our obligation to provide information in accordance with Article 246 Sect. 2 in connection with Sect. 1 (1)(2) EGBGB (Introductory Law to the Civil Code) as well as in accordance with Sect. 312g (1) Sentence 1 BGB (German Civil code) in connection with Article 246 Sect. 3 EGBGB. The timely dispatch of the revocation or the item shall be deemed sufficient for complying with the deadline. The revocation should be sent to:
Email: [email protected]
Consequences of revocation
In the event of an effective revocation, the services or items received by both sides are to be returned and, if applicable, any benefit made (e.g. interest) should be returned. If the service or item as well as any usage thereof (e.g. benefits of use) cannot be returned or only in part or in a deteriorated condition, you must provide compensation for the lost value.
You must only pay compensation for deterioration of the item and for any usage made to the extent that the usage or deterioration is due to the handling of the item, which exceeds an inspection of the properties and functions of the item.
“Inspection of the properties and functions of the item” relates to the testing of the respective goods, such as would be possible and usual in a shop.
Items capable of being returned as parcels are returned at our risk. You must cover the normal costs for returning the goods, if the delivered goods correspond with the ordered goods and the price of the item to be returned does not exceed 40 euros, or in the event of a higher price, you have not provided the service in return or the contractually agreed part payment at the time of the revocation. Otherwise, the return is free of charge for you.
Items not capable of being sent as parcels will be collected. Obligations to return payments must be fulfilled within 30 days. The deadline begins for you with the dispatch of your revocation or the item, for us with the receipt of said items.
End of the revocation clause
According to §312d, para. 4 BGB (German Civil Code), the right of revocation does not exist inter alia for contracts for the delivery of goods, which have been manufactured in accordance with customer specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their nature.
In the event of an effective revocation, the services or items received by both sides are to be returned and, if applicable, any benefit made (e.g. interest) should be returned. If the service or item received cannot be returned or only in part or in a deteriorated condition, you must provide compensation for the lost value. This obligation shall not apply if the deterioration of goods is due exclusively to the inspection thereof – such as would be usual and possible in a shop. You do not need to provide any compensation for any loss in value due to normal usage in accordance with the intended use. Items capable of being returned as parcels are returned at our risk. You must cover the costs
for returning the goods, if the delivered goods correspond with the ordered goods and the price of the item to be returned does not exceed 40 euros, or in the event of a higher price, you have not provided the service in return or the contractually agreed part payment at the time of the revocation. Otherwise, the return is free of charge for you. Items not capable of being sent as parcels will be collected. Obligations to return payments must be fulfilled within 30 days. The deadline begins for you with the dispatch of your revocation or the item, for us with the receipt of said items.
Duty of Care
The buyer is responsible for ensuring that any and all changes and modifications to his/her vehicle, which is used on public highways, are checked and recorded in the vehicle documents (vehicle registration documents) in accordance with traffic laws and regulations. Where applicable, the buyer must have the vehicle checked by the TÜV (Technical Inspection Authority). The buyer is responsible for ensuring any changes or modifications to vehicles or the associated parts are registered with the TÜV.
Unless otherwise expressly stated that an offered item is authorized in accordance with the StVZO (Road Traffic Licensing Regulations), AKRON GmbH accepts no liability regarding compliance of the product with the above-mentioned regulations. The buyer must therefore check whether legal regulations are complied with when using the product, before a purchase is made.
Any confirmation from AKRON GmbH is only binding when made in writing.
Reservation of Property Rights
The delivered goods remain the property of AKRON GmbH until full payment has been received. Payments must be made directly to AKRON GmbH. Prior to payment, the buyer may not sell or pawn the goods or use them as security.
The delivered goods are only deemed as paid for once the purchase price has been credited in full and irrevocably to the account of AKRON GmbH.
Prices and Conditions of Payment
Delivery is made exclusively in accordance with the payment conditions offered by AKRON GmbH
(e.g. advance payment, credit card or PayPal)
Products are provided based on the price that is valid on the day of purchase.
All prices listed on the website of AKRON GmbH are in euro and include legally applicable VAT as well as delivery costs, unless otherwise stated.
Place of Performance and Jurisdiction
The place of jurisdiction is where the headquarters of AKRON GmbH are based, if the buyer is a commercial customer.
German law applies.
The GTCs apply with immediate effect. Through the publication of the website of AKRON GmbH, all previous websites and / or price details lose their validity. If individual provisions of these General Terms and Conditions of Business are or become legally invalid, the validity of the other provisions shall not be affected. Any deviating agreements or guarantees must be made in writing. AKRON GmbH reserves the right to make construction or format changes. AKRON GmbH reserves ownership and copyrights for images, drawings, sketches and other documents, if no third party (manufacturer, etc.) has already made a claim to these.
Printing and copying, including excerpts, is only permitted with the approval of AKRON GmbH.
AKRON GmbH accepts no responsibility for printing or spelling mistakes.
This version of the GTCs is dated September 18, 2013
1. Content of the Online Offer
2. References and Links
3. Copy and Trademark Rights
4. Data Protection
5. Validity of this disclaimer
Content of the Online Offer
AKRON GmbH accepts no liability for the up-to-datedness, correctness, completeness or quality of the information provided. Claims against AKRON GmbH which relate to material or immaterial damage incurred due to the utilization or non-utilization of the offered information and/or the utilization of erroneous and incomplete information are excluded in principle, to the extent that no willful intent or gross negligence can be proven on the part of AKRON . All offers are subject to change and non-binding. AKRON GmbH expressly reserves the right to change, update or delete parts of the pages or the entire offer or stop publication temporarily or permanently.
References and Links
With regard to direct or indirect links to foreign websites (“hyperlinks”), which lie outside of the area of responsibility of AKRON GmbH, liability would only be incurred to the extent that AKRON GmbH was aware of the content and could and should have been able to block illegal content from a technical perspective. AKRON GmbH expressly declares that, at the time when the links were created, no illegal content was recognizable on the linked pages. AKRON GmbH has no influence over the current and future layout and design, the content or the authorship of linked/referenced pages. AKRON GmbH distances itself expressly from all content on all linked/referenced pages which was changed after the link was created. This statement applies to all links and references within our own website as well as to discussion forums and mailing lists. The provider of the site in question, to which links were provided, is fully responsible for any illegal, erroneous or incomplete content and in particular for damage due to use or non-use of such offered information, and not the party who references the published content via links.
Copy and Trademark Rights
AKRON GmbH shall endeavor to comply with copyrights for images, audio material, video sequences and texts in all publications, or use images, audio material, video sequences and texts created by AKRON GmbH, or make use of images, audio material, video sequences and texts that are not subject to licensing. All logos and trademarks used within the scope of the Internet offer, which may be protected by third parties, are subject without limit to the respective trademark and ownership rights of the registered owner. It should not be assumed, simply because a brand is mentioned, that the trademark is not protected by third party rights! The copyright for published objects created by AKRON GmbH is held by AKRON GmbH alone. Any reproduction or utilization of such images, audio material, video sequences and texts in other electronic or printed publications is forbidden without the express agreement of AKRON GmbH.
If the Internet offer provides the possibility to enter personal or business details (email addresses, names, addresses), the provision of these data by the user takes place expressly on a voluntary basis. The utilization of contact details such as postal addresses, telephone and fax numbers as well as email addresses, published within the scope of the imprint or similar details, by third parties for sending information that has not been requested is not permitted.
We reserve the right to take legal steps against the senders of so-called spam mails who violate this prohibition.
AKRON GmbH reserves the right to use the collected customer data for sending newsletters. The newsletter can be canceled at any time using a cancellation form included in the letter.
Validity of this Disclaimer
This disclaimer should be viewed as an attachment to the General Terms and Conditions of Business. Should parts or individual formulations of this text not, no longer or not fully comply with current law, the remaining parts of the document shall remain unaffected as regards their content and validity.