Conditions of Use
General Engagement Terms for Lions-Scooter
This is an English translation of the German text, which is the sole authoritative version.
These are the general engagement terms of the sole proprietorship Ulrich Sawannia (Lions-Scooter), Raichbergstr. 57 / 72127 Kusterdingen- Germany. Ulrich Sawannia (Lions-Scooter) offers for sale above all motor vehicles and motor cycles with respective accessories to customers in particular through the internet and other distal means of communication.
Exclusively for consumers in terms of § 13 BGB sections III apply for. Right of withdrawal according to § 312 d BGB, VII. Retention of title and X. indemnification number 1 to 4 of the following engagement terms. Otherwise legal regulations will be applicable.
I. General
For the business relation and any contracts closed through the internet and other distal means of communication, such as e. g. online shops, as well as online trade and/or online auction platforms between the company Ulrich Sawannia (Lions-Scooter), owner Mr. Ulrich Sawannia, Raichbergstr. 57, 272127 Kusterdingen /Germany, and the customer exclusively the following engagement terms apply in its version valid at the time of the order. Deviating agreements, amendments as well as understandings, warranties or the like are obligatory only if Ulrich Sawannia(Lions-Scooter) confirms them in writing or in text form and in this case only for the order for which they were agreed. Ulrich Sawannia(Lions-Scooter) expressly contradicts any purchasing conditions of the customer.
II. Offers and Contract Conclusion
1. Offers from Ulrich Sawannia (Lions-Scooter) address to consumers and contractors.
2. All offers and quotations from Ulrich Sawannia (Lions-Scooter) indicated, printed or saved in catalogues, price lists, announcements, electronic media and such are always binding and subject to confirmation.
3. The customer examines before the order within his own responsibility whether the ordered goods and/or the assigned services correspond to his desires and needs. In case of doubt, the customer has to ask for competent advise before conclusion of a contract.
4. An effective contract accomplishes only by obligatory acceptance of the customer order by Ulrich Sawannia (Lions-Scooter). The customer renounces the receipt of a declaration of acceptance, § to 151 clause 1 BGB. The customer will be informed about the conclusion of a contract either by Ulrich Sawannia (Lions-Scooter) by a confirmation of order or at the latest by delivery of the ordered goods, by offer for pickup or by offer or furnishing of the other assigned service.
5. If the customer orders on the electronic way, Ulrich Sawannia (Lions-Scooter) reserves the right to confirm the receipt and the conveyed contents of the order technically by an automated electronic explanation. Such an automated electronic explanation does not represent the obligatory acceptance of the contract offer of the customer.
6. If Ulrich Sawannia (Lions-Scooter) should recognize after contract conclusion that the ordered goods are no longer available, not delivered for legal reasons or any other service cannot be achieved any longer due to reasons not to be accounted by Ulrich Sawannia (Lions-Scooter), Ulrich Sawannia (Lions-Scooter) can offer an article or service equal in quality and price or can withdraw from the contract. TUlrich Sawannia (Lions-Scooter) will refund payments already received immediately after a withdrawal of the contract by Ulrich Sawannia (Lions-Scooter) or the customer.
7. In case an article is offered within an online shop, the connection of the offer page represents the binding offer to conclude a purchase contract with the indicated price. The contract with the customer comes off as soon as the customer fulfills the conditions contained in the offer, clicks the appropriate button for purchase and then confirms the procedure with his password of the corresponding online shop.
8. The customer expressly accepts these engagement terms when placing his order.
III. Right of revocation according to § 312 d BGB
1. If the customer of Ulrich Sawannia (Lions-Scooter) is a consumer in terms of § 13 BGB, he has the right of revocation in case of distant selling (BGB § 312 b). In this case, the customer may withdraw from his contract declaration within 2 month without giving reasons in written (e. g. by letter, facsimile, e-mail) or by return of the goods. This term starts with the receipt of the goods by the customer, at the earliest, however, with the receipt of this instruction.
2. The right of revocation is excluded from goods produced according to customer specifications, specific to personal requirements of the customer or inapplicable for return due to the consistency.
3. In order to meet the term of revocation the sending of revocation or the goods in time is sufficient. The revocation is to be addressed to: Ulrich Sawannia (Lions-Scooter), Raichbergstr. 57 / 72127 Kusterdingen /Germany.
4. In case of an effective revocation services rendered on both sides are to be refunded. If the customer cannot refund the received services completely or only partly or refund them only in a declined condition the customer insofar has to carry out for indemnification to that extent, where applicable. This does not apply if the deterioration of the goods is traced back exclusively to their examination.
5. The customer has to bear the costs of the return if the supplied goods correspond to the ordered ones and if the price of the goods to be returned does not exceed the amount of € 40,00 net, or if the customer, in case of a higher price of the article at the time of revocation, does not accept the return service or a contractually agreed partial payment. Otherwise Ulrich Sawannia (Lions-Scooter) bears the costs of the return. Forwarding expenses in principle are refunded by Ulrich Sawannia (Lions-Scooter) only to the amount of the most favorable mode of shipment (standard package of Deutsche Post AG).
The customer must fulfill obligations for refunding of payments within 30 days after dispatch of the declaration of revocation.
IV. Place of delivery and passing of risk
1. As place of delivery the domicile of Ulrich Sawannia (Lions-Scooter) in Tübingen is agreed upon unless anything else is agreed or in case of dispatch of the goods the shipping place of the first sender operating for Ulrich Sawannia (Lions-Scooter).
2. The danger of coincidental loss and coincidental degradation of the goods devolves to the customer by transfering the goods to the carrier or by declaring that the goods are ready for pickup at the place of delivery. In case of returns to Ulrich Sawannia(Lions-Scooter) the danger only passes over when the goods are delivered in the business and/or stock premises from Ulrich Sawannia (Lions-Scooter).
V. Delivery
1. Subject of the delivery are exclusively the goods with characteristics and specifications as of the product description from Ulrich Sawannia (Lions-Scooter). Other quality details or warranties only apply as agreed upon if they are rendered in written form by the supplier.
2. Unless otherwise agreed, delivery is carried out from stock usually within eight working days after payment of the goods to the ship-to address indicated by the customer. Dispatch of the goods always takes place by order and at the expense of the customer via a carrier at Ulrich Sawannia (Lions-Scooter) option. Ulrich Sawannia (Lions-Scooter) is entitled to partial delivery.
3. It is incumbent on the commercial customer to examine the goods in accordance with § 377 HGB and to declare possible obvious lacks, other discrepancies and/or shortage without delay. Insignificant deviations of the goods remain out of consideration. If no reproval is received by Ulrich Sawannia (Lions-Scooter) within 10 days after receipt of the goods, the commodity is considered as approved. Requirements because of hidden lacks will remain unaffected.
VI. Dates
1. Agreements or information about the performance and delivery time only apply if they are effected in written form. Any reminder and appointment of a date of the customer also have to be in writing. Extensions of time must be appropriate. They regularly do not may be shorter than 10 working days.
2. For the period of time in which Ulrich Sawannia (Lions-Scooter) waits for information or cooperation actions of the customer, time of delivery and accomplishment extends accordingly. Same applies if Ulrich Sawannia (Lions-Scooter) is prevented from the proper execution of the contract due to unforeseeable circumstances neither to be accounted for by Ulrich Sawannia (Lions-Scooter) nor by an auxiliary person of Ulrich Sawannia (Lions-Scooter).
Such circumstances in particular are to be assumed in case of strikes or lockouts caused by industrial action as well as in case of unforeseeable obstacles beyond Ulrich Sawannia (Lions-Scooter) possibility of influence. Ulrich Sawannia (Lions-Scooter) will inform the customer immediately about the beginning and the end as well as about the kind of the obstacle. If the customer has to account for the delay, Ulrich Sawannia (Lions-Scooter) charges caused extra costs.
3. In case Ulrich Sawannia (Lions-Scooter) defaults in accomplishing his performance or not as agreed and the customer being entitled to chose between delivery, withdrawal and/or indemnification, the customer has to exercise this right within one week from arising of the right in writing towardsUlrich Sawannia (Lions-Scooter). Otherwise, it is assumed that Ulrich Sawannia (Lions-Scooter) is entitled to accomplish his performance, and the customer does not assert his rights from default.
VII. Retention of title
1. Ulrich Sawannia (Lions-Scooter) reserves the proprietorship of the delivered goods till the final and complete settlement of all existing and future demands from the business relation with the customer.
2. As depositary of the goods subject to retention of title, the customer is committed to proper care and safety. A resale as well as the processing, commingling, assembly, and any other utilisation of the reservation goods is only permitted with ordinary business dealings. Claims resulting from this are assigned in advance (extended retention of title) to Ulrich Sawannia (Lions-Scooter) without necessitating in individual cases a separate declaration of acknowledgement of the customer towards Tobias Loewe (Lions-Scooter). The claims may not be placed by the customer into current account conditions. The customer is entitled to retract the demands until cancelled, and he is obliged to keep retracted claims separately and to pay directly to Ulrich Sawannia (Lions-Scooter).
3. The customer neither may pawn the goods nor may he transfer them by security. Impairments of the reservation property (especially by distraints) have to be indicated by the customer without delay. The customer has to affirm the existence of the retention of title towards the third creditor.
4. If the value of the securities Ulrich Sawannia (Lions-Scooter) is entitled to hereafter exceeds the amount still open of his demands towards the customer effectively by more than 10%, Ulrich Sawannia (Lions-Scooter) will release securities of Ulrich Sawannia (Lions-Scooter) choice on demand of the customer.
VIII. Terms of payment
1. Quotations of Ulrich Sawannia (Lions-Scooter) always are net prices, unless they are expressly quoted as gross price or with VAT. In case of net prices - where necessary - legal VAT in its respective current legal rate is added. Legal VAT is proven separately unless the goods are subject to a different taxing according to § 25 a paragraph 2 UstG as “opportunity” or unless separate display is excluded for other reasons - e. g. commission business.
2. Unless prices or costs for other services, transportation costs, expenses, dispatch and telecommunication costs were expressly agreed by contract, Ulrich Sawannia (Lions-Scooter) is entitled to charge these according to the respectively valid price list of Ulrich Sawannia (Lions-Scooter). Ulrich Sawannia (Lions-Scooter) transmits the respective price list by request. Bottom of Form
3. The delivery of the supply of goods in principle takes place against payment in advance, by collection-only cheque, or by cash on delivery. The delivery on account, however, is subject to a successful credit check. Invoices of Ulrich Sawannia (Lions-Scooter) are due immediately with access to payment and have to be paid by the customer within two weeks without deductions. In case Ulrich Sawannia (Lions-Scooter) insists on prepayment in terms of cash in advance this is the only method of payment permitted.
4. If the customer defaults with his obligation to pay, Ulrich Sawannia (Lions-Scooter) is entitled to charge him for each reminder with an appropriate fee amounting to at least 5,00 Euro, unless the customer proves that the costs occurred in fact are lower. The asserting of a higher damage caused by delay remains unaffected.
5. If the customer does not meet his obligations to pay inspite of reminders, ceases his payments, or a bank does not redeem a cheque or a debit entry due to lack of covering, Ulrich Sawannia (Lions-Scooter) may bring to account immediately all demands.
6. Ulrich Sawannia (Lions-Scooter) in all other respects reserves the right in individual cases to exclude certain methods of payment and to execute requested orders only by prepayment, cash or down payment on delivery for covering the solvency risk. In case facts become known after contract conclusion objectively justifying doubt about the obligatory fulfillment of the contract by the customer, e. g. due to inability to pay or refusal of compliance, Ulrich Sawannia (Lions-Scooter) is entitled to demand prepayment or appropriate securities and to withdraw from the contract in case of refusal.
IX. Warranty for defects
1. Ulrich Sawannia (Lions-Scooter) ensures that at the time of delivery to the customer the new goods are exempt from any material defects, i. e. that they are suited for the use assumed in the contract or for an ordinary use and show a consistency usual for the same kind of goods and justifying the expectations of the customer according to the type and/or to the advertising of Ulrich Sawannia (Lions-Scooter) respectively the producer. Ulrich Sawannia (Lions-Scooter) is not responsible for failings of used goods as far as no consumer goods are bought.
2. If there is a lack of the purchase good and if this lack is not approved by the customer, the customer may demand fulfilment with hindsight of Ulrich Sawannia(Lions-Scooter). Lacks are to be indicated here in written form. The fulfilment with hindsight is effected by new delivery or subsequent improvement of Ulrich Sawannia (Lions-Scooter) choice. The customer may demand new delivery or subsequent improvement in case if the respective other form of fulfilment with hindsight is not reasonable for him.
3. In line with what is reasonable for him, the customer meets all necessary measures to notice, restrict, and document the lacks. In case of lack he relinquishes to Ulrich Sawannia (Lions-Scooter) all available information and supports the remedy of defects within the scope of his contractual obligation to cooperate. As far as it is pertinent and reasonable for the customer, the remedy of defects may take place by instructions by the telephone, in writing or in electronic form.
4. If the fulfilment with hindsight finally fails after two attempts despite an appropriate term of exclusion set in writing of at least two weeks, the customer has the right to lower the remuneration appropriately or to cancel the contract. Other rights of the customer due to the defect, as e. g. reimbursement of expenses for the removal of defects through third parties, new delivery, costs of contract, are excluded. If within the scope of repairs the removal of defects also fails with a second attempt, the customer is entitled according to § 439 BGB to demand the delivery of a faultless article or to reduce the purchase price or to withdraw from the contract. The withdrawal is impossible if the defect is marginal and insignificant.
5. If the customer attains a new article within the course of the fulfilment with hindsight by delivery or if he withdraws from the contract he is obliged to restitute the article supplied at first and to replace the value; furthermore he has to recompense the benefit. As far as the customer does not verify minor use or the supplier does not verify higher use, the contracting parties emanate from a remuneration of use of the following amount: in case of a useful life of one up to two months 20 % of the sales price, 30 % in case of use of up to six months, 40 % in case of use up to twelve months, and 60 % in case of use of more than twelve up to twentyfour months.
6. If it turns out that a default was notified wrongly or if Ulrich Sawannia (Lions-Scooter) gets active within the scope of faults caused by modifications through the customer or by indadequate handling, Ulrich Sawannia (Lions-Scooter) may charge the caused effort.
7. In case of goods intended for the use for commercial or freelance professional purposes, defect claims prescribe in 12 months from passing of the risk.
X. Indemnification
1. Ulrich Sawannia (Lions-Scooter) is liable in full for intention and gross negligence. Furthermore, claims for damages, no matter for which cause in law, are excluded unless an imperative legal liability exists, in particular according to the product liability act due to injury of life, body or health, due to a guarantee or breach of substantial contractual obligations.
2. Liability because of culpable breach of substantial contractual obligations of Ulrich Sawannia (Lions-Scooter) is limited to the predictable, typically occurring damage.
3. As far as the liability of Ulrich Sawannia (Lions-Scooter) is excluded or limited, this also applies for the personal liability of employees, representatives and auxiliary persons.
4. For claims for damages of the customer beyond the default liability a limitation period of one year is valid. It beginns with the end of the year from which the claim originates and the customer notes the damaging event.
XI. Data protection
1. The address of the customer is stored electronically for a fast and error free treatment. When placing an order the customer gives his explicite consent to the processing of data become known to Ulrich Sawannia (Lions-Scooter) within the scope of the contractual relationship in line with the purpose of the contractual relationship as far as this is necessary for the execution or completion of the contract. The treatment of the ceded personal data is effected in accordance with the regulations of the Federal Data Protection Act as well as the teleservice data act.
2. For the purpose of credit check and solvency monitoring Ulrich Sawannia(Lions-Scooter) is entitled to exchange date with credit service enterprises like e. g. the Schufa.
3. In case of acquisitions of goods through online auction platforms a fully automatic execution of purchase is carried out by the companies respectively executing, like e.g. Afterbuy or Paypal. For this purpose, address data of the customer are transmitted to and saved by e. g. Afterbuy or Paypal. When bidding or when executing the “Buy Immediately” option, the customer expressly agrees to this proceeding.
XII. Miscellaneous
1. The orderer only is entitled for set-off if his counterclaims are ascertained legally binding or approved in writing by Ulrich Sawannia (Lions-Scooter). A right of retention only may be based on claims from the concrete contract by the customer. The assignment of claims only is permissible with prior approval of Ulrich Sawannia (Lions-Scooter).
2. Legal relationships between Ulrich Sawannia (Lions-Scooter) and the orderer as well as the respective terms of business the legislation of the Federal Republic of Germany applies for. The application of the UN convention about contracts dealing with the international sale of goods is excluded.
3. If individual regulations of these terms should, in total or in part, not be legally effective, the validity of the contract shall not be affected hereby for the rest. For this case the parties commit themselves to agree upon an effective regulation in place of the ineffective one, if legally possible, resembling the most to the economic purpose pursued by the ineffective regulation considering the interest of the parties expressed by this contract. The same applies if the contract has a loophole not foreseen by the parties.
4. As far as the customer is merchandiser, coequal or a statutory corporation, Tübingen applies for as exclusive jurisdiction agreed upon. Ulrich Sawannia (Lions-Scooter), however, also is entitled to conduct legal proceedings at the registered office of the orderer.
Lions-Scooter.com
01.06.2012
