General terms and conditions
Terms of Service
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between BOS Auspuff GmbH, Reitgaarstrasse 2, 49828 Neuenhaus, Germany - hereinafter referred to as the provider - and the customer, which are closed via the website www.bosauspuff.exsys.net of the provider. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose other than its commercial or independent one
occupational activity can be attributed. An entrepreneur is any natural person, legal entity or partnership with legal personality who, when concluding a legal transaction in
Exercising their independent professional or commercial activity.
(3) Contract language is German. The full text of the contract will not be saved by the provider. Before submitting the order via the online shopping cart system, the
Contract data can be printed out or saved electronically via the browser's print function. Upon receipt of the order from the provider, the order details become statutory
prescribed information in distance selling contracts and the General Terms and Conditions sent to the customer by email again.
In the case of requests for quotations sent by telephone, email, fax or in writing to the provider, the customer will receive all contract data by e-mail as part of a binding offer which the customer can print or secure electronically.
§ 2 Subject of the contract
Subject of the contract is the sale of goods. The details, in particular the essential features of the goods can be found in the item description and the additional information on the provider's website.
§ 3 Conclusion of the contract
(1) The product representations of the provider on the Internet are not binding and no binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for sale are stored in the "shopping cart." Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
Before submitting the order, the customer has the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the "buy" button, the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place by confirmation in writing (eg email), in which the customer is confirmed the execution of the order or delivery of the goods. If the customer has not received an order confirmation or notification of delivery within 2 days, he is no longer bound by his order. Any services already provided will be reimbursed immediately in this case.
(4) Customer requests for the purchase of goods outside the online shopping cart system, which are transmitted by telephone, email, fax or in writing to the provider, are non - binding for the customer. The provider submits to the customer a binding offer in writing (for example by email), which the customer can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email.
Therefore, the customer has to ensure that the email address he has provided to the provider is correct, that the reception of the emails is technically ensured and in particular not prevented by SPAM filters.
§ 4 prices, shipping costs
(1) The prices quoted in the respective offers and the shipping costs are final prices. They include all price components including all applicable taxes.
(2) The resulting shipping costs are not included in the purchase price. They can be accessed via the "Payment and Shipping" page, will be shown separately during the ordering process and are to be borne by the customer in addition, unless the delivery is free of charge.
(3) The customer receives an invoice with VAT.
§ 5 Payment and shipping conditions
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite timely completion of an adequate cover transaction for reasons beyond the Provider's control, the Customer shall be informed immediately of the unavailability and any payments already made will be reimbursed immediately in the event of withdrawal.
(4) For consumers it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only with the transfer of the goods to the customer, regardless of whether the shipment is insured or uninsured.
If the customer is an entrepreneur, the delivery and dispatch takes place at his own risk.
§ 6 Return costs upon exercise of the right of withdrawal
In the case of the exercise of the statutory right of withdrawal for distance contracts, it is agreed that the customer has to bear the regular costs of the return, if the price of the item to be returned does not exceed 40 euros or if at a higher price of the thing Customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation, unless the delivered goods do not correspond to the ordered goods. In all other cases, the provider bears the cost of the return.
§ 7 Right of retention, retention of title
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
(3) If the customer is an entrepreneur, the following also applies:
a) The provider retains ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) The customer can resell the goods in the ordinary course of business. In this case, he hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is also authorized to collect the debt. Insofar as he does not duly fulfill his payment obligations, the provider reserves the right to collect the claim himself.
c) In the case of combination and mixing of the reserved goods, the Provider acquires co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider undertakes to release the securities to which he is entitled on request of the customer to the extent that the realizable value of the securities of the provider exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.
§ 8 Warranty
(1) The statutory regulations apply.
(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to report complaints to the provider and the carrier as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
(3) Insofar as the customer is an entrepreneur, deviating from para.
a) As a condition of the goods only the own data of the offerer and the product description of the manufacturer apply as agreed, not however other advertisement, public promises and expressions of the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due diligence on quality and quantity deviations and obvious defects within 7 days from receipt of the goods to the seller in writing, the deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
c) In the case of defects, the supplier shall, at his discretion, warrant repair or replacement. If the defect elimination fails twice, the customer can request reduction or withdraw from the contract. In the case of rectification, the supplier does not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
d) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to culpably attributable damages attributable to injury to life, body or health and gross negligence or intentional damage or malice of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB.
§ 9 Liability
(1) The provider shall be liable without limitation for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase, in case of damage the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider in case of slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on the provider according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and on whose compliance the customer may regularly rely.
(3) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(4) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. The provider is not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) Place of performance for all services arising from the existing business relationships with the provider as well as place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply. These terms and conditions were created by the lawyers specializing in IT law of the dealer federation and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
(3) The provisions of the UN Sales Convention explicitly do not apply.
Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes which can not be attributed to either his commercial or his independent professional activity.)
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
- where you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and these are or will be delivered in a uniform manner;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods in a single order and these are delivered separately;
In order to exercise your right of revocation, you must inform us (BOS Auspuff GmbH, Reitgaarstrasse 2, 49828 Neuenhaus, phone number: 059414793, fax number: 059415364, e-mail address: firstname.lastname@example.org) by means of a clear statement (eg one sent by post Letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website (www.bosauspuff.exsys.net). If you make use of this option, we will promptly (for example by e-mail) send you a confirmation of receipt of such withdrawal.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exclusion or extinction reasons
The right of withdrawal does not exist with contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires early in contracts
- for the delivery of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To BOS Auspuff GmbH, Reitgaarstrasse 2, 49828 Neuenhaus, Fax number: 059415364, E-Mail-Address: email@example.com:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
this text is a carefully checked translation of the German Basic Text. In any case of translation error or unclarity, the German Basic text as on www.bosauspuff.de will prevail.