General terms and conditions
1. SCOPE
For all orders via our online store by consumers and entrepreneurs, the following GTC apply.
For Germany, the following applies: Consumers are, according to § Any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity.
The following applies to Austria: In the following terms and conditions, “consumer” is understood to mean “consumer” within the meaning of the Consumer Protection Act (KSchG).
Entrepreneurs are all natural and legal persons who are not consumers.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Isarrider GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
We will accept your offer within two days by
* we issue a declaration of acceptance in a separate e-mail or
* if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under “Payment”).
The alternative that is relevant to you is based on which of the enumerated events occurs first.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. DELIVERY CONDITIONS
Shipping costs may apply in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.
5. PAYMENT
In our store you can basically use the following payment methods:
Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
By submitting the order you provide your credit card information. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
Immediately by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
paydirekt
To be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
6. RIGHT OF REVOCATION
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. TRANSPORT DAMAGE
For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
8. WARRANTY AND GUARANTEES
8.1 DEFECT LIABILITY LAW
Applies vis-à-vis consumers:
The statutory liability for defects shall apply.
The following applies vis-à-vis entrepreneurs and among merchants:
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
– within the scope of a guarantee promise, if agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
Restrictions against entrepreneurs
With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations vis-à-vis merchants
Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
8.2 WARRANTIES AND CUSTOMER SERVICE
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.
9. LIABILITY
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
* in case of injury to life, body or health,
* in case of intentional or grossly negligent breach of duty,
* in the case of guarantee promises, if agreed, or
* insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. CODE OF CONDUCT
We have submitted to the following codes of conduct:
* Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf [https://www .trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf])
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec .europa.eu/consumers/odr /]. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. FINAL PROVISIONS
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
AGB [https://legal .trustedshops.com/produkte/rechtstexter] created with the Trusted Shops [https://legal .trustedshops.com /] legal text in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch .com].
