General Terms and Conditions as per 5th of April 2007
§ 1 Conclusion of the contract/order process
Via our Internet portals you may order the listed items using an Internet form or via fax and telephone respectively. By providing the details as required as part of the order process and by sending this order in you submit binding offer; in this connection the order via telephone, fax or internet have the same legal validity. By ordering you firmly declare to accept these General Terms and Conditions and that you wish to acquire the ordered goods. We will confirm your incoming order with a formal acknowledgement of receipt; this acknowledgement of receipt is not an acceptance of your order. The contract takes effect from receipt of the goods with your approval, at the latest, however, after the expiry of the return period of 14 days.
§ 2 General conditions of delivery and payments
For any information regarding the costs for packaging and posting as well as the payment conditions, please, refer to the conditions of delivery and payments of the respective Internet portal. For deliveries abroad we reserve the right to possibly limit the payment options.
§ 5 Our 30 day redemption offer We are looking to satisfy you with all of our deliveries. Therefore you may cancel all of the items you have bought from us within 30 days. This commitment goes beyond the legal conditions, according to which you are only granted a period of revocation of two weeks from the receipt of the goods. Deliveries of goods, which are designed to customers' specifications, are excluded from our voluntary 30 day redemption offer as well as from the revocation right in accordance with § 312b BGB (Civil Code).
The acceptance of returned complete wheels ensues without legal liability on the part of Delticom and exclusively against payment of the contractually agreed all-inclusive handling costs of 120.- Euros.
This includes amongst others all deliveries of complete tyres, which we manufacture for each customer individually.
However, our redemption offer does not include the costs for postage and packaging. This means that we will charge a flat rate for postage and packaging for contracts with consumers, who revoke the order after the expiry of the legal period of revocation (from the 15th to the 30th day). Entrepreneurs principally bear the costs for postage and packaging. For further information, in particular regarding the amount of costs for postage and packaging and regarding our 30-day redemption offer, please, refer to the respective Internet portal. Please, use our transport packaging. Protect the goods against damages. Tyres must be clean when prepared for posting and two tyres must be tied together. In particular, the front and back of complete tyres shall be protected with sufficient cardboard and package tape. We reserve the right to assert claims for compensation if there are any damages due to improper handling or insufficient packaging in the process of the return. The transport companies will only accept items in sufficient packaging.
§ 6 Reservation of proprietary rights We reserve the right on all items we deliver until all of our claims against you or the person accepting the goods have been fulfilled. This also applies to any claims incurring in the future. In order to assert our reservation of proprietary rights we are entitled to demand the immediate handing over of the goods under exclusion of all rights of retention, unless there are legally ascertained or undisputed counterclaims.
§ 7 Responsibility for defects for our Internet portals Each respective web site is maintained in our approved design. We do not guarantee that the Internet portals meet your requirements and that they are available at any time without interruption, timely, secure and without defects. The use of the Internet portals is at your own risk; in particular, we do not accept any liability regarding the results, which may be achieved with the use of the Internet portals and for the correctness of the information obtained within the scope of the Internet portals.
§ 8 Intellectual property rights The texts, pictures, sounds, graphics, animations and videos as well as their arrangements on our web sites are subject to the law regarding copyright and other related rights. The contents of this web site may not be copied, distributed, changed or made available to third parties. Some of our web sites also include pictures, which are subject to the copyright of third parties. Unless otherwise stated all trade marks on our web site are protected. On our web sites no permission to use our intellectual property or the intellectual property of third parties is granted.
§ 9 Obligations regarding information When registering you must provide your address and personal details; we will save these details required for the order process. Of course, you can change your data upon ordering or later at "My orders" or "Contact" (depending on the internet portal). After the registration you receive a password and an identifier for your account. You must ensure that the password and the account are not made available to any third party. You are obliged to inform Delticom immediately about any misuse of your password or account. Both contracting parties may cancel your account at any time without giving reasons. In such an event Delticom will deactivate or delete your account and all data saved.
§ 10 Applicable law The Law of the Federal Republic of Germany applies exclusively. The application of the standardised UN Convention (CISG; United Nations Convention on Contracts for the International Sale of Goods as per 11th of April 1980) is excluded.