General Terms and Conditions of Moll & Wolf Widetrack 4x4 GbR

Convenience translation. The legally binding version is the German Allgemeine Geschäftsbedingungen.

1. Scope

These General Terms and Conditions apply to all contracts for the purchase of goods that a consumer or business customer concludes with us via our online shop at widetrack4x4.de or widetrack4x4.com. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity that, when concluding the legal transaction, acts in the exercise of its trade, business or profession.

For business customers, the special provisions in section 17 of these terms apply in addition. Conflicting or deviating terms of the customer are not recognised unless we have expressly agreed to their validity.

2. Contracting party

Moll & Wolf Widetrack 4x4 GbR
Johann-Sebastian-Bach-Str. 3
88097 Eriskirch
Germany
E-mail: info@widetrack4x4.de
Phone: +49 15567 740411
VAT ID: DE461472722
Partners authorised to represent the company: Klaus Wolf and Nicolas Moll

3. Offer and conclusion of contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to the customer to submit a purchase offer.

(2) The customer can place goods in the shopping cart using the order form provided in the online shop and enter the details required there. Before submitting the order, the customer can view and change the data at any time. By clicking the order button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

(3) We confirm receipt of the order immediately by e-mail (order receipt confirmation). This confirmation does not yet constitute acceptance of the offer. The contract is only concluded when we expressly accept the order by e-mail (order confirmation) or dispatch the goods to the customer. If we do not accept the customer's offer within five working days, the offer is deemed to have been rejected.

4. Ordering as a guest

Orders are only possible as a guest; our online shop does not offer customer accounts. The details required for the order are requested again with every order.

5. Prices and payment terms

(1) All prices are in euros and include the applicable statutory value added tax, plus any shipping costs, which are shown separately during the ordering process.

(2) The payment methods stated in the online shop are available to the customer (e.g. payment in advance, PayPal, and credit card and Sofort via the payment service provider Mollie). The payment methods actually available may vary depending on the order value, the country of delivery or other criteria.

(3) For payment in advance, the purchase price is due within 7 days of the conclusion of the contract. For payment via payment service providers (e.g. PayPal, Mollie), the due date is governed by the respective provider's terms; as a rule, the means of payment is charged immediately upon conclusion of the contract.

(4) If the customer is in default of payment, the statutory rules on default apply.

6. Shipping, delivery and transfer of risk

(1) We deliver within the European Union to the delivery address specified during the ordering process. The countries of delivery available and the shipping costs are stated in the online shop.

(2) Shipping is carried out by the carriers stated in the shop (e.g. DHL, GLS, DPD). For orders with a value of €500 or more we deliver free of shipping costs, unless stated otherwise in the shop.

(3) Unless stated otherwise in the online shop, we dispatch goods in stock within one working week (5 working days) after conclusion of the contract and, in the case of payment in advance, after receipt of payment. The transit time of the shipping service provider is added to this. If an item is temporarily unavailable, we state the different delivery time on the product.

(4) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer only upon handover of the goods to the customer. If the customer is a business customer, the risk passes to the customer upon handover of the goods to the carrier.

(5) If the customer is in default of acceptance or culpably breaches other duties to cooperate, we are entitled to claim compensation for the resulting damage; further claims remain unaffected.

7. Statutory right of withdrawal for consumers

Consumers have a right of withdrawal in accordance with the statutory provisions for contracts concluded off-premises and for distance contracts.

Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

To exercise your right of withdrawal, you must inform us (Moll & Wolf Widetrack 4x4 GbR, Johann-Sebastian-Bach-Str. 3, 88097 Eriskirch, Germany, e-mail: info@widetrack4x4.de, phone: +49 15567 740411) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not mandatory.

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 fourteen 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 fourteen 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 fourteen 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 handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose manufacture an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

— To Moll & Wolf Widetrack 4x4 GbR, Johann-Sebastian-Bach-Str. 3, 88097 Eriskirch, Germany, e-mail: info@widetrack4x4.de
— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.

8. Voluntary return arrangements

Independently of the statutory right of withdrawal, we may offer goodwill arrangements in individual cases (e.g. exchange, credit note). There is no legal entitlement to this. The scope and conditions of such voluntary services result from the information published in the shop at the time of the order.

9. Digital content

Digital content (e.g. fitting instructions, safety information) that we provide in connection with our products is made available to the customer free of charge by electronic means (e.g. download or e-mail). The statutory rights in the event of defects in digital content apply.

10. Product-related duties and obligations of the customer

(1) Our axle widening kits are safety-relevant vehicle components. The customer is advised that, for the safe and lawful operation of the vehicle, the following points in particular must be observed:

(2) If the customer breaches the above obligations, this may result in consequences under public law (e.g. expiry of the vehicle's type approval) and in a limitation or exclusion of our liability in accordance with section 12, insofar as the damage incurred is essentially attributable to the breach of obligation.

(3) For safety reasons, the resale of used axle widening kits to third parties is not recommended. If a resale nevertheless takes place, it is the responsibility of the selling customer to inform the purchaser of all safety-relevant information, any damage and the need for a (renewed) inspection and registration. Our liability towards the purchaser is governed exclusively by the statutory provisions; the resale does not extend our obligations.

11. Warranty (liability for defects)

(1) The statutory warranty rights apply.

(2) For consumers, the limitation period for claims for defects is two years from delivery of the goods.

(3) For business customers, the limitation period for claims for defects is one year from delivery of the goods. This does not affect claims for damages arising from injury to life, limb or health, in cases of intent and gross negligence, fraudulent concealment of a defect, the assumption of a guarantee or recourse claims under § 478 BGB (German Civil Code); the statutory limitation periods apply to these.

(4) For business customers, the statutory duty to inspect and give notice of defects applies (§§ 377, 381 HGB, German Commercial Code). If the business customer fails to give the notice regulated there, the goods are deemed to have been approved.

12. Liability

(1) We are liable without limitation

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely, our liability is limited in amount to the foreseeable damage typical of the contract.

(3) In the event of a slightly negligent breach of non-essential contractual obligations, our liability is excluded.

(4) The above limitations of liability also apply in favour of our legal representatives and vicarious agents. There is no further limitation of liability, in particular for intent.

(5) We are not liable for damage that is exclusively due to the customer or third parties commissioned by the customer

13. Retention of title

(1) The goods remain our property until the purchase price has been paid in full.

(2) For business customers, the following applies in addition: the customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us all claims in the amount of the purchase price agreed with us (including VAT) that accrue to the customer from the resale against its purchasers or third parties. We accept the assignment. The customer remains authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer duly meets its payment obligations and no application for the opening of insolvency proceedings has been filed.

14. Dealer sales / consignment goods (B2B only)

(1) For dealers, we may offer different, individually agreed conditions (e.g. consignment models). Such agreements are only effective if they are expressly confirmed in writing or in text form.

(2) Where a consignment model is agreed, the goods remain our property until they are withdrawn or resold to end customers. The dealer is obliged to store the consignment goods separately and to mark them as our property. Further details (e.g. stock reports, settlement arrangements, return rights, allocation of risk) result from the respective individual agreement.

15. Data protection

Our privacy policy applies, which can be accessed at the URL stated in the online shop. It informs about the type, scope and purposes of the collection and use of personal data.

16. Alternative dispute resolution / consumer arbitration

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. Any statutory obligations to refer to a competent consumer arbitration board remain unaffected. The European Commission's former online dispute resolution platform has since been discontinued.

17. Special provisions for business customers

(1) For business customers, the provisions of this section 17 apply in addition. In the event of contradictions between the above provisions and this section 17, the provisions of this section prevail.

(2) Business customers are not entitled to a right of withdrawal under section 7.

(3) The place of performance for all obligations arising from the business relationship with business customers and the place of jurisdiction for all disputes is, insofar as legally permissible, our registered office.

(4) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.

18. Final provisions

(1) Amendments and additions to the contract as well as collateral agreements require at least text form, unless a stricter form is prescribed by law.

(2) Should individual provisions of these terms be or become invalid in whole or in part, the remainder of the contract remains valid. The statutory provisions take the place of the invalid provision.