General terms and conditions
General Terms and Conditions of Universal Transmissions GmbH
1. scope, subject matter of the contract, definitions
1. For the business relationship between Universal Transmissions GmbH, Külftalstr. 18, 31093 Lübbrechtsen, (hereinafter “Provider”) and the customer (hereinafter also “Buyer”), the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively.
2. These GTC apply exclusively to the sale of bicycle accessories on the website (see 2. of these GTC) shop.carbondrive.net (hereinafter “website”) and by e-mail (see 3. of these GTC).
3. Customers can be consumers and entrepreneurs. Consumers in the sense of § 13 BGB are natural persons who conclude the respective legal transaction for a purpose which can predominantly neither be attributed to their commercial nor their independent professional activity. In other cases, the customers are entrepreneurs according to § 14 BGB (German Civil Code).
2. conclusion of contract and order process on the website
1. Customers have the possibility to order the products offered by the supplier on the website. This process is described below.
2. The presentation of the products on the website does not constitute a legally binding offer, but rather an invitation to place an order. All offers are valid “as long as stocks last”, unless otherwise stated for the products. In all other respects, errors are reserved.
3. The customer can select products from the range of the supplier and collect them in a so-called ordering system shopping basket using the “Add to shopping basket” button. By clicking on the button “buy for a fee” he submits a binding application for the purchase of the products in the shopping basket. Before sending the order, the customer can change and view the data at any time.
4. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). This automatic acknowledgement of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. Also a possible transmission of the payment data for the purpose of the payment in advance does not represent a declaration of acceptance of the offerer.
5. The sales contract is only concluded when the supplier sends the ordered product to the customer and confirms the dispatch to the customer with a second e-mail (dispatch confirmation).
3. conclusion of contract and order process by e-mail
1. In addition to the ordering option on the website, goods can also be ordered by e-mail.
2. For this purpose, the customer sends an inquiry by e-mail to the provider.
3. This then represents the order option and the purchase price to the customer. This e-mail is not a legally binding offer, but an invitation to place an order.
4. If the customer then places the order by e-mail, this represents a binding application to purchase the products offered.
5. The sales contract is concluded when the supplier sends the customer an order confirmation or a prepayment invoice by e-mail.
4. Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
5. prices, shipping costs
1. All prices, which are indicated on the website of the supplier, understand themselves including in each case the valid legal value added tax.
2. The shipping costs are shown separately to the buyer in the order process and before sending the order.
6. terms of payment
1. Payment is made by the means of payment indicated on the website.
2. Payment of the purchase price is due 14 days after receipt of the invoice. If the due date of payment is determined according to the calendar, the customer is already in default by default of the date. If prepayment has been agreed, payment is due immediately after conclusion of the contract.
7. Warranty for material defects, guarantee
1. The statutory law on defects shall apply.
2. A guarantee exists with the goods supplied by the offerer only, if this was delivered expressly in the article description to the respective article.
The legal liability law applies.
9. Data protection
1. The provider processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the provider to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
2. The customer has the right, upon request and free of charge, to receive information about the personal data that the provider has stored about him. In addition, he has the right to correct incorrect data, block or delete his personal data, unless there is a legal obligation to retain them.
10. Final provisions (applicable law, contractual language, text of the contract, place of jurisdiction)
1. Contracts between the Supplier and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless there are mandatory provisions to the contrary.
2. The contractual language shall be German, unless there are mandatory provisions to the contrary.
3. The provider saves the contract text and sends the order data to the customer by e-mail. The customer can also view and download the GTC at any time on the provider’s sales portal on the website.
4. If the customer is a merchant, a legal entity under public law or a special fund under public law, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the district where the registered office of the provider is located.