General Terms and Conditions
for e-business / B2B
1. Scope of the General Terms and Conditions
The following General Terms and Conditions apply to customers who are entrepreneurs in accordance with section 14 of the German Civil Code (BGB). Entrepreneurs are natural persons, legal entities or partnerships with legal capacity acting on behalf of their own commercial or professional business.
These General Terms and Conditions shall apply to all present and future orders placed via our portals and participations in marketplaces. We do not accept any deviating, conflicting or supplementary terms and conditions of our suppliers and customers unless we expressly agree on these terms and conditions in writing. These General Terms and Conditions shall be exclusively governed by the law of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods. The language of negotiations shall be German.
2. Conclusion of contracts, order processing, delivery
Our offers are non-binding and without obligation. Limited period offers shall only remain valid for the specified period of time. All prices are net. The purchase prices of mail orders are excluding postage and packaging. The customer will not incur additional charges for 0190 telephone numbers when ordering via means of telecommunication.
Technical features, shapes, colours and/or weights are subject to changes within reason.
By ordering, the customer confirms its intention to acquire the ordered goods.
We shall be entitled to accept the contractual offer inherent in the order within two weeks upon receipt.
We will immediately confirm the receipt of orders by means of an order confirmation e-mail. The confirmation of receipt shall not constitute final acceptance of the order. The confirmation of receipt may, however, be combined with a declaration of acceptance.
Conclusion of the contract shall be subject to our correct and timely receipt of goods by our suppliers. This shall only apply if we cannot be held responsible for delays in delivery, particularly upon conclusion of a congruent cover transaction with our supplier.
The customer shall be immediately informed on the non-availability of the goods and services. Payments that have already been made by the customer shall be immediately reimbursed after deduction of the chargeback fees.
We store the terms of the contract and send them together with the General Terms and Conditions via e-mail to the customer.
Periods of delivery shall be agreed in writing.
If, upon request of the customer, goods have to be shipped, the risk shall be deemed transferred to the customer as soon as we have handed over the goods to the party responsible for transport. The goods shall also be deemed delivered when the purchaser is in default of acceptance.
3. Prices
In case of substantial cost changes, we shall be entitled to negotiate price increases until the date of delivery, particularly if material or salary costs are subject to increases.
4. Payment
Payment of our invoices shall be due 5 days after invoice date at the latest. Where partial deliveries are made, payment shall be due on the portion delivered.
We shall not be obliged to accept cheques or bills of exchange; if we accept these means of payment, this shall only be on account of performance.
Default interest at a rate of 8 % above the prevailing base rate shall be due on exceedance of the agreed term of payment. We expressly reserve the right to assert claims for higher damage caused by delay. We shall be entitled to collect a charge of 5.00 EUR for each payment reminder letter.
Set-off shall be excluded unless the claim for set-off has not been contested and has become res judicata. The customer shall only be entitled to enforce a lien if the counterclaim is based on the same contractual relationship.
5. Retention of title
We retain title to the delivered goods until such time as payment is made in full by the purchaser. This retention of title shall remain in force until all, also future and contingent claims arising from the business relationship with us have been settled. The customer shall be obliged to handle the goods with care. If maintenance and inspection works are required, the customer shall regularly execute such works at his own costs.
The customer shall inform us immediately if third parties attempt to access the goods under retention of title, for example in case of attachment. The same applies if such goods are subject to damage or destruction. Furthermore, the customer shall immediately notify us of any change of ownership of the goods and any relocation of its corporate domicile.
Our customer shall be entitled to resell the goods under retention of title in the course of ordinary business. He is, however, not entitled to transfer such goods for security purposes or by way of pledge. Our customer shall already now assign any claims arising from the sale of the goods under retention of title against his business partner to us. In case of further processing, this provision also applies to the finishing share. We accept the assignment. We will not disclose the assignment unless our customer is in default of payment for at least two weeks or has revoked its direct debit authorization. In such cases, the customer himself shall notify his business partners of the assignment granted to us and immediately provide us with a complete schedule of debtors. We shall be entitled to inspect the books and records of our customer to obtain the names and addresses of his business partners. The customer shall be authorized to collect receivables after assignment. If the customer fails to meet his payment obligations or to make payments when due, we reserve the right to collect the receivables.
In the event that the value of all existing securities exceeds the value of our claims arising from invoices by more than 10%, we will release securities at our own option upon request of our customer.
If our customer does not comply with the agreed payment conditions or other principal obligations of the contract despite our reminders, we shall be entitled to repossess the delivered goods, either in mounted or unmounted condition, and withdraw from the entire contract. Our customer expressly entitles us to take over the goods under retention of title at any place. Within this context, we also have the right do dismantle the goods. Our customer irrevocably entitles the respective holder of the goods to surrender the goods to us.
Our customer shall only be entitled to hold the goods sold under retention of title until we exercise our right of retention of title by withdrawing from the contract. If we take back goods under retention of title, we will grant a credit for the current value of the goods less expenses incurred in taking back the goods.
Machining and processing of the goods by the customer shall always be executed on our behalf and by our order. If our goods under retention of title are processed together with other goods not owned by R.TEC, we shall acquire co-ownership in the new objects in proportion to the value of the goods supplied by us. The same applies if the goods are mixed with other goods not owned by R.TEC.
6. Claims for defects (warranty)
The warranty period shall be one year from delivery of the goods. This shall not apply if the customer fails to notify us of the defect in due time.
The one-year limitation of the warranty period shall not apply to claims for damage in accordance with section 437 No. 3 of the German Civil Code (BGB) if we can be held liable for damage caused intentionally or by gross negligence, for physical injuries and health problems or for the death of our customer. In such cases, the statutory periods shall apply.
Only the product description of the manufacturer shall be deemed agreed concerning the nature of the product. Public statements, promotion or advertisement of the manufacturer shall not constitute a contractual description of the quality of the products.
Tyres, which are subject to a warranty claim, must be sent to us together with a completed complaint form to be able to examine the customer's complaints. If the warranty claim is denied, we will send the respective tyre back to the customer at our expense if so requested by the customer within 14 days upon receipt of the denial.
At our own discretion, warranty shall first be limited to rectification of defects or replacement.
If supplementary performance fails, the customer shall be entitled to claim a reduction in price or a cancellation of the contract at his own discretion. In case of minor infringements of the contract, particularly concerning only minor defects, the customer shall not have the right to withdraw from the contract.
The customer shall notify us of obvious defects within a period of two weeks after receipt of the goods. Otherwise, warranty claims will not be considered. To meet the deadline, timely mailing shall suffice. Full burden of proof of all conditions of entitlement, particularly of the defect itself, for the time of the establishment of the defect and for the timely submittal of the notice of defects shall remain with the customer.
In case of replacement, we shall be entitled to adjust the credit to the rate of wear of the complained products or reduce the amount to be paid. Our customer may choose between credit note or payment.
Warranty claims against us shall be excluded if defects, impairment or damage have been caused by the following reasons
a) goods supplied by us have been repaired or processed in any other way by other persons,
b) the serial number, the trademark or other signs permanently attached to the goods are missing or modified, this particularly refers to signs which are no longer recognizable,
c) the pressure of tyres does verifiably not comply with the specified values,
d) tyres have borne impermissible loads, particularly if the loads permissible for the respective tyre size and type as well as the corresponding maximum speed have been exceeded,
e) tyres have been damaged by improper wheel positions after installation or have been impaired by other wheel arch faults (e.g. dynamic imbalance),
f) tyres have been fitted to improper or rusty rims or rims which feature a wrong gauge or otherwise inadequate rims,
g) tyres have been damaged by external impact, mechanical loads or by impact of heat,
h) the wheel nuts or screws have not been tightened after a 50 km travel distance after wheel replacement, provided we advised the customer of this necessity upon delivery,
i) the customer or third parties instructed by the customer stored the tyres outdoors prior to fitting,
j) the goods are subject to natural wear or damage resulting from improper handling or an accident,
k) tyres in tube type design were installed with used tubes/flaps or tyres in tubeless design were fitted without valve replacement (car tyres) or new sealing ring (lorry/shoulder tyre) by the customer or third parties.
If the customer has received poor installation instructions, we shall only be obliged to provide him with flawless instructions but not unless the poor instructions prevent a proper tyre installation.
We do not grant warranties in a legal sense. Manufacturer warranties remain unaffected of this provision.
7. Liability
In case of slightly negligent infringement of our obligations, our liability shall be limited to the foreseeable immediate average damage which is typical for this type of contract. This also applies to slightly negligible breaches of obligations by our legal representatives or agents. We shall not assume liability for the slightly negligible infringement of immaterial contractual obligations.
The aforementioned liability limitations shall not affect the claims of the customer arising from product liability. The liability limitations shall furthermore not be applicable if we can be held responsible for physical injuries and health problems or the death of our customer.
Claims for damages due to a defect shall become time-barred after one year from the delivery of the goods. This provision shall not apply if we are guilty of gross negligence or responsible for physical injuries and health problems or for the death of our customer.
8. Privacy
The customer agrees to the storage, processing and use of his personal data provided to us in connection with his order placement for the purpose of processing the order.
9. General provisions
The place of performance and exclusive place of jurisdiction shall be our corporate domicile (Reutlingen).
Amendments and side agreements shall only come into force after written approval by authorized representatives of our company.
If any of these General Terms and Conditions should become invalid, this will not affect the effectiveness of the remaining terms and conditions. The fully or partially invalid provision shall be replaced by another provision that most closely approximates the commercial intent of the invalid provision.
R.TEC - trading partner for wheels and tyres
Owners Reiff Reifen und Autotechnik GmbH
Rep. of the management Eberhard Reiff (Chairman), Hubert Reiff (Deputy Chairman), Dr. Immanuel Kohn
