1. General informations
Any business affairs are made according to the following conditions. The buyer agrees to the general terms and conditions of Two Wheel Distribution GmbH & Co KG, even if the order form – for whatever reasons - has not been signed. Trade conditions of the buyer himself do not indenture us, without explicit appeal against it from our side. Rights and obligations of a contract with Two Wheel Distribution GmbH & Co KG are not to be transferred to a third partner without the agreement of the seller.
2. Offers and orders
The prices stated in price lists, offers etc. are without engagement. The received orders are accepted - according -to our general terms and conditions – without explicit confirmation of our side, if we do not within 7 days after reception object to the order in written form.
3. Delivery
We supply free of forwarding costs if the amount of the order exceeds € 250. If the amount of the order is below € 250, the forwarding costs for delivery within Germany are € 8,21, to Austria € 10,59 EXW Markgröningen (Germany).
The way and means of transportation – without admitting any claims – rests prior to us unless in case we have done another agreement in written form with the buyer. Delivery is effected as soon as the goods ordered are in the stock Markgröningen or in stock Boise/USA. We try to keep to the delivery date requested by the buyer. In case the order has not been executed within 4 weeks time, the buyer has the right to cancel the order only after extension of an appropriate time-limit. Any claims of compensation are excepted.
If we have confirmed in written form a binding date of delivery, then we have to admit delay of delivery as soon as the time-limit set by the buyer, which regards the circumstances, has expired, unless the date of delivery was not explicitly fixed on a certain day.
Withdrawal of the Buyers contract is not possible until another suitable time-limit of fulfilment of the order corr. §326 BGB (German Law) has expired. Demands of compensation according to delay of delivery or non-fulfilment are excluded unless in cases of criminal intent or gross negligence.
4. Prices
All prices are incl. VAT (19 % at present). Prices are subject to change without notice. Subject to errors in printing and advertisements. The price list published on the websites contains the current prices, therefore any other former price list gets invalidated. For delivery in EU countries we have to charge the German VAT unless we do not have a VAT-Number of the customer yet.
5. Payment
Payment in advance.
For customers who lives in germany:
Payment can be effected per direct debit, against prepayment on our account, cash on delivery (plus COD charges 9 € in Germany and 18 € in Austria plus VAT), via credit card (VisaCard, Euro-/MasterCard). Incoices are payable on delivery or on receipt without cash discount. In case of delivery on unpaid invoices payment will be effected by direct debit unless otherwise agreed.
We will charge interest for delay of payment of about 3 % on top of the current discount rate of the German Central Bank. In case of delay of payment the customer has to pay the whole amount of the debts, also including instalments, immediately. Also if we come to know that the customers` financial circumstances are getting worse (e.g. insolvency proceedings, act of protest, foreclosure etc.). In these cases we are entitled to withdraw of future supply contracts with the customer.
6. Warranty
* The warranty period shall be 24 months from the date of performance.
* Apparent damage or defects have to be reclaimed in written form immediately, 14 days at the latest after delivery.
In case of warranty the contractor has the right of replacement. After the failure of the repair or replacement the customer shall have the right to claim the reduction of the price or termination of the contract.
* The costs of replacement will be balanced by the Contractor within the warranty period. Returns have to be effected prepaid, in case of warranty these costs will be refunded. The Customer is asked to inform the Contractor first before returning the goods, so that the latter could decide to send a prepaid stamp.
* Excluded from the warranty is failure or damage which is due to negligence other than that of the Contractor, further improper use and maintenances of the items. Also excluded from the warranty are exhaustible items.
* In no event shall the Contractor be liable for damages (on items not supplied) caused otherwise without the fault of the Contractor.
* The assembly of accessories kit shall be done by qualified personnel, in compliance with the assembly-, operating and maintenance conditions. Please note that with the assembly of special parts the warranty of other parts may become excluded.
* The Forwarder warrants damages caused by himself. If the Customer realizes damages after unpacking the goods despite an unspoiled packing, he shall send a claim for compensation to the Forwarder who will check the state of the facts. Only after the complaint of the Customer, the recording of the state of the facts by the Forwarding Company and report to the Contractor the Customer shall have the right to assert a claim against the Contractor at the earliest.
* Beware! The Contractor warrants only for damages in material and/or processing of the items supplied. Please note the reference underneath.
Only correction of damages is granted to the Customer/Buyer, not included are cancellation or reduction in price or compensation.
7. Replacement and return of goods
Without giving specific reasons the Customer shall have the right to return all items within 14 days after receipt of goods. The period starts with supply of the goods and acknowledgement of the right to return. Returns have to be prepaid. Not prepaid parcels will not be accepted by the Contractor because of freight costs 3 times higher.
In warrantable cases the goods will get picked up by GLS (Forwarder). Then the goods have to be deposited packed and adressed in a pick-up-area, where the Forwarder can collect the parcels during the day.
If the value of goods exceeds € 40 the Contractor shall refund the costs of the return of goods against presentation of the receipt. Unstamped packages will be returned to sender without being opened.
The order shall be open until 4 months after delivery at the latest. Orders can not be revoked if it concerns Customer specified goods.
All returns have to be done to the Contractors address: 2Wheel-Distribution GmbH & Co. KG, Im Sträßle 6, D-71706 Markgröningen.
8. Consequences of return of goods
The purchase contract gets cancelled in case of return of goods, unless the goods have not yet been used (in another way than the normal check in the shop). Otherwise the Contractor shall demand compensation. Therefore the Customer and return the goods in the original wrapping and with the warranty / service documents, the original invoice and the Customers` bank infos for the credit note. The amount paid will immediately be repaid on the Customers account. Concerning cash on delivery or payment by credit card, PayPal or paybox refunds will be made after the amount has been transferred onto our accounts. The Contractor shall deduct 4 % credit card fee of the amount of the invoice when payment has been made by credit card.
9. Damages through transportation
The Buyer is indentured to check the goods ordered immediately on delivery concerning packaging conditions. Then he could record damages directly to the Forwarder. Payment has to be made in due time without concern of any damages.
10. Retention of title
The Contractor - Two Wheel Distribution GmbH & Co KG - shall retain the title of delivery until all the debts resulting from the purchase contract with the Customer are paid. Any disputes arising out of the contract shall be settled in the courts of Ludwigsburg, the Contractors place of domicile.
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Any business affairs are made according to the following conditions. The buyer agrees to the general terms and conditions of Two Wheel Distribution GmbH & Co KG, even if the order form – for whatever reasons - has not been signed. Trade conditions of the buyer himself do not indenture us, without explicit appeal against it from our side. Rights and obligations of a contract with Two Wheel Distribution GmbH & Co KG are not to be transferred to a third partner without the agreement of the seller.
2. Offers and orders
The prices stated in price lists, offers etc. are without engagement. The received orders are accepted - according -to our general terms and conditions – without explicit confirmation of our side, if we do not within 7 days after reception object to the order in written form.
3. Delivery
We supply free of forwarding costs if the amount of the order exceeds € 250. If the amount of the order is below € 250, the forwarding costs for delivery within Germany are € 8,21, to Austria € 10,59 EXW Markgröningen (Germany).
The way and means of transportation – without admitting any claims – rests prior to us unless in case we have done another agreement in written form with the buyer. Delivery is effected as soon as the goods ordered are in the stock Markgröningen or in stock Boise/USA. We try to keep to the delivery date requested by the buyer. In case the order has not been executed within 4 weeks time, the buyer has the right to cancel the order only after extension of an appropriate time-limit. Any claims of compensation are excepted.
If we have confirmed in written form a binding date of delivery, then we have to admit delay of delivery as soon as the time-limit set by the buyer, which regards the circumstances, has expired, unless the date of delivery was not explicitly fixed on a certain day.
Withdrawal of the Buyers contract is not possible until another suitable time-limit of fulfilment of the order corr. §326 BGB (German Law) has expired. Demands of compensation according to delay of delivery or non-fulfilment are excluded unless in cases of criminal intent or gross negligence.
4. Prices
All prices are incl. VAT (19 % at present). Prices are subject to change without notice. Subject to errors in printing and advertisements. The price list published on the websites contains the current prices, therefore any other former price list gets invalidated. For delivery in EU countries we have to charge the German VAT unless we do not have a VAT-Number of the customer yet.
5. Payment
Payment in advance.
For customers who lives in germany:
Payment can be effected per direct debit, against prepayment on our account, cash on delivery (plus COD charges 9 € in Germany and 18 € in Austria plus VAT), via credit card (VisaCard, Euro-/MasterCard). Incoices are payable on delivery or on receipt without cash discount. In case of delivery on unpaid invoices payment will be effected by direct debit unless otherwise agreed.
We will charge interest for delay of payment of about 3 % on top of the current discount rate of the German Central Bank. In case of delay of payment the customer has to pay the whole amount of the debts, also including instalments, immediately. Also if we come to know that the customers` financial circumstances are getting worse (e.g. insolvency proceedings, act of protest, foreclosure etc.). In these cases we are entitled to withdraw of future supply contracts with the customer.
6. Warranty
* The warranty period shall be 24 months from the date of performance.
* Apparent damage or defects have to be reclaimed in written form immediately, 14 days at the latest after delivery.
In case of warranty the contractor has the right of replacement. After the failure of the repair or replacement the customer shall have the right to claim the reduction of the price or termination of the contract.
* The costs of replacement will be balanced by the Contractor within the warranty period. Returns have to be effected prepaid, in case of warranty these costs will be refunded. The Customer is asked to inform the Contractor first before returning the goods, so that the latter could decide to send a prepaid stamp.
* Excluded from the warranty is failure or damage which is due to negligence other than that of the Contractor, further improper use and maintenances of the items. Also excluded from the warranty are exhaustible items.
* In no event shall the Contractor be liable for damages (on items not supplied) caused otherwise without the fault of the Contractor.
* The assembly of accessories kit shall be done by qualified personnel, in compliance with the assembly-, operating and maintenance conditions. Please note that with the assembly of special parts the warranty of other parts may become excluded.
* The Forwarder warrants damages caused by himself. If the Customer realizes damages after unpacking the goods despite an unspoiled packing, he shall send a claim for compensation to the Forwarder who will check the state of the facts. Only after the complaint of the Customer, the recording of the state of the facts by the Forwarding Company and report to the Contractor the Customer shall have the right to assert a claim against the Contractor at the earliest.
* Beware! The Contractor warrants only for damages in material and/or processing of the items supplied. Please note the reference underneath.
Only correction of damages is granted to the Customer/Buyer, not included are cancellation or reduction in price or compensation.
7. Replacement and return of goods
Without giving specific reasons the Customer shall have the right to return all items within 14 days after receipt of goods. The period starts with supply of the goods and acknowledgement of the right to return. Returns have to be prepaid. Not prepaid parcels will not be accepted by the Contractor because of freight costs 3 times higher.
In warrantable cases the goods will get picked up by GLS (Forwarder). Then the goods have to be deposited packed and adressed in a pick-up-area, where the Forwarder can collect the parcels during the day.
If the value of goods exceeds € 40 the Contractor shall refund the costs of the return of goods against presentation of the receipt. Unstamped packages will be returned to sender without being opened.
The order shall be open until 4 months after delivery at the latest. Orders can not be revoked if it concerns Customer specified goods.
All returns have to be done to the Contractors address: 2Wheel-Distribution GmbH & Co. KG, Im Sträßle 6, D-71706 Markgröningen.
8. Consequences of return of goods
The purchase contract gets cancelled in case of return of goods, unless the goods have not yet been used (in another way than the normal check in the shop). Otherwise the Contractor shall demand compensation. Therefore the Customer and return the goods in the original wrapping and with the warranty / service documents, the original invoice and the Customers` bank infos for the credit note. The amount paid will immediately be repaid on the Customers account. Concerning cash on delivery or payment by credit card, PayPal or paybox refunds will be made after the amount has been transferred onto our accounts. The Contractor shall deduct 4 % credit card fee of the amount of the invoice when payment has been made by credit card.
9. Damages through transportation
The Buyer is indentured to check the goods ordered immediately on delivery concerning packaging conditions. Then he could record damages directly to the Forwarder. Payment has to be made in due time without concern of any damages.
10. Retention of title
The Contractor - Two Wheel Distribution GmbH & Co KG - shall retain the title of delivery until all the debts resulting from the purchase contract with the Customer are paid. Any disputes arising out of the contract shall be settled in the courts of Ludwigsburg, the Contractors place of domicile.
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