1.1. The business relationship between FalkR Exhaust Systems, owner: Falk Renerken, Kaiserstraße 123-125, 52146 Würselen, Germany (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can contact our customer service for questions, complaints and objections by e-mail at info(at)falk-r.de.
1.3. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB).
1.4. Divergent conditions of the customer are not recognized, unless the salesman agrees their validity expressly.
- Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. Errors excepted for the rest.
- Order process and contract conclusion
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button in the shopping cart in a so-called shopping cart. Within the shopping cart the product selection can be changed, e.g. deleted. The customer can then proceed to the checkout to complete the order process within the shopping basket via the Continue to checkout button.
3.2. The customer submits a binding request to purchase the goods in the shopping basket by clicking on the button Order payable. Before sending the order the customer can change the data at any time and see as well as go back with the help of the browser function “back” to the shopping cart or cancel the order process altogether. Required fields are marked with an asterisk (*).
3.3. The seller 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 using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The sales contract is only concluded when the seller has dispatched the ordered product to the customer within 2 days, handed it over or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller should make a prepayment possible, the contract comes off with the supply of the bank data and request for payment. If payment has not been received by the Seller within 10 calendar days of dispatch of the order confirmation, even after being requested to do so again, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the longest for 10 calendar days.
- Prices and shipping costs
4.1. All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the indicated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the framework of the ordering process.
- Delivery, availability of goods
5.1. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
- Terms of payment
6.1. The customer can choose from the available payment methods within the scope and before completion of the order process. Customers are informed about the means of payment available on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with the payment processing, e.g. Paypal, their terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, then the customer is already in default by default of the date. In this case the customer has to pay the legal default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
- Retention of title
The delivered goods remain the property of the seller until full payment has been made.
- Warranty for material defects and guarantee
8.1. The warranty is based on legal regulations.
8.2. A guarantee exists with the goods supplied by the salesman only if this was expressly delivered. Customers will be informed about the warranty conditions before initiating the ordering process.
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory conditions for claims.
9.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
- Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation the customer also receives a copy of the general terms and conditions together with instructions on revocation and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
- Final provisions
11.1. The place of jurisdiction and performance shall be the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in any dispute resolution procedure before a consumer redress body.
Table of contents
1. Scope of application
2. Offers and descriptions of services
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language