General Terms And Conditions
§ 1. General
(1) The following terms and conditions shall apply to all contracts, deliveries and other services by Christian Neumann, owner of "TRS Bike Performance", Annenheider Str. 162a, 27755 Delmenhorst, Tel.04221 / 9245193, E-Mail: TRSBikePerformance @ Live .de, eBay account: "TRSBikes", Deviating regulations of the customer do not apply, unless the seller has expressly confirmed this in writing.
(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany under exclusion of the UN purchase law.
(3) Jurisdiction is Frankfurt am Main, as far as the customer is a merchant or a legal person of public law or public special fund.
(4) The contract language is German.
(5) Agreements concluded with the customer (including collateral agreements, amendments and amendments) shall in no case take precedence over these terms and conditions.
§ 2 Contractual content and conclusion of contract
(1) The seller offers the customer the possibility via the online shop (www.trs-bikes.de) and various other platforms as e.g. Ebay numerous products such as special vehicles such as motorcycles, buggies, quads, automotive tuning and accessories purchase.
(2) The vehicles delivered by the seller are mainly suitable for participation in the general road traffic, provided that the order does not have a special purpose such as, for example, For children's vehicles or so-called dirt and pocket bikes. In this case, the vehicle may lose its suitability for participation in the general road traffic by adapting to the particular purpose. If use is intended as a competitive vehicle, the necessary changes to the lapse of the general operating license (ABE) and, in addition, a considerable reduction in the durability of the vehicle parts.
(3) The seller has no influence on the TÜV approval or the ABE of vehicle parts. The installation of parts which do not have a TÜV approval or an ABE may lead to the vehicle's operating license being extinguished. The presence of the TÜV approval or the ABE is only owed with an express written agreement. The verification of parts to be installed on the presence of the TÜV approval or the ABE is also owed only with express written agreement.
(4) Design or shape changes, deviations in the color shade as well as changes in the scope of supply by the manufacturer remain reserved during the delivery period, provided the purchase item is not significantly modified and the changes are reasonable for the buyer. If the seller or the manufacturer requires signs or numbers to designate the order, the customer can not derive any rights from this alone
(5) In other cases than in the case of an acquisition via an online auction platform, the contract shall be replaced by the acceptance of the order by T.R.S. Bike performance. Prior to placing a binding order, the customer can correct all inputs continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before binding the order and can also be corrected there using the usual keyboard and mouse functions. Deviations and technical alterations to the illustrations or descriptions are possible. The receipt and acceptance of the order are confirmed by the customer by e-mail.
(6) Contractual terms as well as these General Terms and Conditions are accessible at any time online in the shop (www.trs-bikes.de) on the homepage under the tab "AGB" by the customer. On request, the customer also receives the general terms and conditions in written form with his order.
§ 3 Prices, VAT and payment
(1) When purchasing through the online shop (www.trs-bikes.de), the price at which the purchase contract has been concluded (see § 2 para 2) applies. In addition, the agreed prices apply. All prices are exclusive of the shipping and packaging costs, which will be communicated to the customer before placing the order. From a total order value of 500.00 € the delivery is free of charge (Except for vehicles).
(2) All prices include 19% VAT.
(3) The delivery of the customer by the seller is made at the customer 's option, by payment, by PayPal, cash on delivery (+7 EUR fee), prepayment (transfer) or by special arrangement. The goods will be shipped after receipt of payment. The Seller shall issue an invoice to the Customer, which shall be handed over to him at delivery of the goods or otherwise sent by e-mail in text form.
§ 4 Delivery and Transfer of Risk; Return costs
(1) The goods ordered are delivered to the address specified by the customer, unless agreed otherwise by contract. The delivery takes place from the warehouse of the seller or directly from the respective wholesaler. The seller reserves the right to make a partial delivery if this appears to be advantageous for speedy processing and the partial delivery is not unreasonable for the customer. Additional costs resulting from partial deliveries will not be billed to the customer.
(2) Goods in stock, the seller will ship within 2-3 business days after receipt of the payment of the customer. If the goods are marked in the onlineshop as not in stock, the seller endeavors to provide the fastest possible delivery. If the non-performance of a delivery or performance period is attributable to force majeure, labor disputes, unforeseeable obstacles or other circumstances beyond the Seller's control, the deadline shall be extended accordingly.
(3) The risk of the accidental loss and accidental deterioration of the goods passes to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, will already be transferred to the forwarding agent, the carrier or the person otherwise destined for the dispatch.
(4) In the case of the exercise of his right of revocation, a customer shall bear the regular costs of returning the goods in the case of distance sales contracts if the delivered goods correspond to the order ordered and if the price of the item to be returned does not exceed EUR 40; Price at the time of the revocation has not yet provided the consideration or a contractually agreed partial payment.
§ 5 Retention of title, set-off
(1) The delivered goods remain the property of the seller until the fulfillment of all claims from the contract; In the event that the customer is a legal person of public law, a public-law fund or an entrepreneur in the exercise of his commercial or independent professional activity, in addition, from the current business relationship until the settlement of all claims which the seller has in connection with The contract.
(2) The customer is only entitled to the set-off if his counterclaims are acknowledged or legally established by the seller. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Disclaimer of liability
(1) Outside of the liability for material and legal deficiencies the seller is liable unrestricted, insofar as the cause of the damage is based on intent or gross negligence. It is also liable for the slightly negligent breach of essential obligations (obligations whose violation violates the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (fulfillment of which the proper implementation of the contract is possible at first and the customer is regularly familiar with this) , But only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than the above.
(2) The limitations of liability of the preceding paragraph shall not apply to injury to life, body and health, to a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the seller is excluded or restricted, this also applies to the personal liability of his employees, representatives and vicarious agents.
§ 7 Data Protection
(1) The customer is known and agrees that the personal data necessary for the execution of the order are stored on the data carrier by the seller. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by the seller. The collection, processing and use of the customer's personal data is carried out in compliance with the Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and the Telemediengesetz (TMG).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, the seller is obligated to immediately delete the personal data of the customer. In the case of ongoing ordering processes, the deletion occurs after completion of the order process.
§ 8 Final provisions
The invalidity of individual provisions shall not affect the effectiveness of the remaining general terms and conditions.