- Offers and service descriptions
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery, product availability
- Payment arrangements
- Retention of title
- Warranty and guarantee
- Storage of the contract text
- Place of jurisdiction, applicable law, contract language
1.1. For the business relationship between
Simbro Wheels (brand of XipeX Engineering)
(hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply exclusively in their version valid at the time of the order.
1.2. You can reach us for questions, complaints and complaints weekdays from 12:00 to 18:00 clock under the phone number
+43 4762 35274 and by e-mail at email@example.com.
1.3. Customers as defined in Section 1.1. are both consumers and entrepreneurs. Consumers are those for whom the legal transaction is not part of the operation of their business. An entrepreneur is who runs a business and someone who owns the business to run their business. A company is any long-term organization of independent economic activity, even if it is not aimed at profit.
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller 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. For the rest, errors remain reserved.
Ordering process and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button “add to cart” in a so-called shopping cart. Within the basket, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can use the “Continue to checkout” button within the shopping cart to complete the order process.
3.2. The customer can submit a binding request for the purchase of the goods in the shopping basket via the button “Order for payment”. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is 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 out via the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, or hand over the shipment has confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.
Prices and shipping costs
4.1. All prices quoted on the seller’s website include the applicable VAT.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
Delivery, product availability
5.1. As far as advance payment has been agreed, delivery will take place upon receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller of this product is not supplied 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 the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers are advised of delivery times and delivery restrictions (such as restrictions on deliveries to certain countries) on a separate information page or within the relevant product description.
6.1. The customer can choose from the available payment methods within and before 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, the payment must be made within 15 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are charged with payment processing, e.g. Paypal apply their terms and conditions.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
Retention of title
Until full payment, the delivered goods remain the property of the seller.
Warranty and guarantee
8.1. The warranty is determined by law.
8.2. There is a guarantee on the goods delivered by the seller only if expressly delivered. Customers will be notified of the terms of guarantee prior to initiating the ordering process.
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other statutory eligibility requirements.
9.2. The seller is liable without limitation, as far as 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 material obligations whose breach jeopardizes the achievement of the purpose of the contract or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Storage of the contract text
10.1. The customer can print the contract text to the seller before submitting the order 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 terms and conditions together with the cancellation policy and the information about shipping costs and delivery and payment conditions. If you have registered in our shop, you can see your abandoned orders in your profile section. In addition, we save the contract text, but make it inaccessible on the Internet.
11.1. Jurisdiction and place of fulfillment is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. Contract language is German.
11.3. European Commission Consumer Online Dispute Resolution (OS) platform: http://ec.europa.eu/consumers/odr/ < / a>. We are unwilling and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.