Inh. Yunus Ciftci
Responsible for content:
Terms of Service
1. General Provisions
(1) Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
(2) The terms and conditions apply to the entire business relationship between the customer and felgenfix.de. They also apply to entrepreneurs for all future business relationships, even if they are not expressly agreed again; the version valid at the time the contract is concluded is decisive.
(1) Our rim repair service consists of CNC burnishing, powder coating and tire changing.......
(3) Powder coating......
3. Customer Responsibilities / Notices
(1) Felgenfix.de is in no way liable for any (direct, indirect, accidental, special, typical, consequential) loss or damage,...... In case of doubt, the customer indemnifies against all own damage and damage of third parties .
(2) Text here .......
(3) The disclosure......
4. Conclusion of contract
(1) The articles and services presented on the website do not constitute binding offers; it is rather a request to the customer to submit a binding offer to felgenfix.de with the order.
(2) The customer submits a non-binding inquiry by sending the order data at the end of the ordering process. Rimfix.de will immediately confirm receipt of the request. This confirmation of receipt does not yet represent acceptance of an order; however, it can be combined with the declaration of acceptance.
(3) Felgenfix.de is entitled to accept the contract offer contained in the customer's order within three working days of receipt. Acceptance can be declared either by express notification or by delivery of the goods.
(4) Felgenfix.de is entitled to limit the order to a normal household quantity. In addition, we reserve the right to make changes - for example in content, form or color - within the scope of what is reasonable for the customer.
(5) The conclusion of the contract is subject to the proviso that in the event of incorrect or improper delivery by suppliers, the supplier does not or only partially pay - i.e. felgenfix.de does not assume any procurement risk. Responsibility for intent and negligence in accordance with Section 9 of these General Terms and Conditions remains unaffected. In the event of unavailability or only partial availability of the service, felgenfix.de will inform the customer immediately; any payment already made will be refunded to the customer immediately in the event of withdrawal, provided no service has been rendered.
5. Right of Withdrawal
(1) Consumers are generally entitled to a right of withdrawal with regard to the items purchased. In the present case, however, there is no right of withdrawal in accordance with § 312 d Para. 4 BGB, since the subject of the contract is the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
6. Prices and delivery and shipping costs
(1) All prices listed in the shop or the offer are final prices - i.e. they include all price components, in particular sales tax.
(2) Unless otherwise agreed, all prices do not include packaging, freight, postage and insurance. Additional delivery and shipping costs may therefore arise when the ordered items are shipped; you will be explicitly informed of their amount.
7. Terms of delivery and shipping
(1) Unless otherwise expressly agreed in exceptional cases, delivery will only be made against prepayment - i.e. delivery will only take place after payment has been made.
(2) Partial deliveries are permitted as long as they are reasonable for the customer.
(3) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the item sold passes when it is handed over to the item itself or to a person authorized to receive it, in the case of mail-order sales when the goods are delivered to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the item sold always passes to the consumer when the goods are handed over. The handover is the same if the customer is in default of acceptance.
(1) In the case of payment by bank transfer or cash payment, this must be made to one of the account details communicated to you separately, stating your full name and the order number/purpose.
(2) The customer only has a right to offset if his counterclaims have been legally established or recognized by felgenfix.de. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
9. Retention of Title
(1) In the case of consumers, felgenfix.de retains ownership of the items sold (reserved goods) until the purchase price has been paid in full, in the case of entrepreneurs until all claims from the current business relationship have been settled in full.
(2) The customer is obliged to treat the goods with care during the retention of title.
(3) During the retention of title, the customer is obliged to notify the seller immediately of third-party access to the goods - e.g. in the event of a seizure - as well as any damage or destruction of the goods and to provide all information and documents necessary to safeguard the Owner's rights are required. Enforcement officers or third parties are to be informed of the third-party property. The customer must notify us immediately of a change in ownership of the goods subject to retention of title as well as a change of residence.
(4) If the customer behaves contrary to the contract - in particular in the event of default in payment or in the event of a breach of an obligation according to paragraphs (2) and (3) of this provision - felgenfix.de is entitled to withdraw from the contract and to demand the return of the reserved goods.
10. Warranty and guarantee conditions
(1) The mere presentation of the individual goods on the website is to be regarded as a pure description of the service and in no way as a guarantee for the quality of the items. Warranty statements by third parties, such as manufacturers' warranties, remain unaffected.
(2) In accordance with the legal regulations, in the event of defects in the delivered item, the customer initially only has a right to supplementary performance. In this respect, the customer has the choice of whether subsequent performance is to be carried out either through repair or replacement delivery. However, Felgenfix.de remains entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.
(3) The customer is not permitted to rectify an existing defect directly himself or to have it rectified by a third party (self-remedy); any expenses incurred will not be reimbursed.
(4) If subsequent performance fails, the customer can choose to reduce the payment (reduction), cancel the contract (withdrawal), demand compensation or reimbursement of futile expenses according to the statutory provisions. If the customer chooses compensation or claims wasted expenses, the limitations of liability according to § 9 of these General Terms and Conditions apply.
(5) The limitation period for the rights of the customer due to defects in the purchased item is two years from delivery of the goods for consumers and one year from delivery of the goods for companies. Relief of the statute of limitations associated with these periods does not apply if felgenfix.de is liable according to Section 9 of these General Terms and Conditions or if the right in rem of a third party is involved, on the basis of which the surrender of the delivery item can be demanded.
(1) According to the statutory provisions, felgenfix.de is fully liable for damage resulting from injury to life, limb or health that is based on an intentional or negligent breach of duty by it, its legal representatives or its vicarious agents, as well as for other damage resulting from an intentional or grossly negligent breach of duty as well as fraudulent intent by him, his legal representatives or vicarious agents. In addition, felgenfix.de is fully liable for damages that are covered by liability according to mandatory statutory provisions, such as the Product Liability Act.
(2) felgenfix.de is liable for damage caused by simple negligence, insofar as the negligence relates to the breach of contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations); however, liability is limited to foreseeable, contract-typical, immediate average damage.
(3) In the case of slightly negligent breaches of insignificant contractual obligations, felgenfix.de is not liable to entrepreneurs; Liability towards consumers is limited in these cases to the foreseeable, direct average damage that is typical for the contract.
(4) Any further liability is excluded - regardless of the legal nature of the asserted claim.
12. Final Provisions
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) do not apply.
(3) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions. In these cases, the parties undertake to replace the wholly or partially ineffective provision with an effective provision whose economic success comes as close as possible to that of the ineffective provision.
(4) Place of jurisdiction for all disputes arising from this contract is Fredenbeck.
(Stand: September 2021)