ยง1 Scope of Application,
Definitions
1.1 The business relationship between O'Neal
Europe GmbH & Co. KG (hereinafter referred to as "Supplier") and
the customer (hereinafter referred to as "Customer") is be governed
exclusively by the following General Terms and Conditions ("GTC") in
the version valid at the time the order is placed.
1.2 The Customer is a consumer in the sense
of these GTC, insofar as the purpose of the ordered goods or services cannot be
predominantly attributed to the commercial or independent professional activity
of the Customer. On the other hand, an entrepreneur is any natural or legal
person or partnership with legal capacity who, when concluding the contract,
acts in the exercise of his or her commercial or independent professional
activity.
ยง2 Conclusion of
Contract
2.1 The Customer can select products from the
Supplier's range, in particular mountain bike and motorcycle clothing and
accessories, and collect them in a so-called shopping cart by clicking on the
"Add to cart" button. By clicking on the "buy now" button,
the Customer makes a binding request to purchase the goods in the shopping
cart. Before sending the purchase request, the Customer can change and view the
data at any time. However, it is only possible to make the request and the
request will only be transmitted if the Customer has accepted these GTC by
selecting the field "I accept the general terms & conditions" and
thereby included them in the purchase request.
2.2 The Supplier 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 using the "Print"
function. The automatic confirmation of receipt merely documents that the
Customer's order has been received by the Supplier and does not constitute
acceptance of the request. The contract is concluded upon declaration of
acceptance of the Supplier, which is sent by separate e-mail (Order
Confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery
of the goods, the text of the contract (consisting of order, GTC and Order
Confirmation) as well as the cancellation policy together with the sample
cancellation form will be sent to the Customer by us on a permanent data
carrier (e-mail or paper printout) (Contract Confirmation).
2.3 The contract is concluded in the language
selected by the Customer in the shop.
ยง3 Availability of Goods
3.1 Delivery dates stated by us are
non-binding, unless otherwise specified.
3.2 If no items of the product selected by
the Customer are available at the time the order of the Customer is placed, the
Seller will inform the Customer of this in the Order Confirmation. If the
product is permanently not available, the Supplier refrains from a declaration
of acceptance. A contract is not concluded in this case.
3.3 If the product designated by the Customer
in the order is only temporarily unavailable, the Supplier will also inform the
Customer of this immediately in the Order Confirmation.
3.4 The following delivery restrictions
apply: The Supplier will not deliver to Customers who have their habitual place
of residence (billing address) in one of the following countries and/or provide
a delivery address in the such a country: USA, Australia, New Zealand.
ยง4 Retention of Title
The delivered goods remain the property of
the Supplier until they have been paid in full.
ยง5 Prices and Shipping
Costs
5.1 All prices quoted on the Supplier's
website are inclusive of the applicable statutory value added tax.
5.2 The corresponding shipping costs are
indicated to the Customer in the order form and are to be borne by the
Customer, unless the Customer makes use of his cancellation right. In countries
within Europe delivery may be free of charge in certain cases. Please refer to
the shipping cost table for more details.
5.3 The goods will be shipped by a forwarding
agent. The shipping risk is borne by the Supplier if the Customer is a
consumer.
5.4 In the event the order is canceled, the
Customer bears the costs directly associated with the return shipment.
ยง6 Payment Terms
6.1 The Customer can make the payment by
credit card, direct debit, cash on delivery, prepayment, or the payment methods
offered by PayPal (PayPal account, PayPal direct debit, PayPal credit card or
PayPal installment payment).
6.2 The Customer can change the payment
method stored in his user account at any time.
6.3 If the customer uses the credit card
payment method, data is exchanged with the credit card provider via an SSL
connection that is securely encrypted according to the state of the art. If the
payment is secured via 3D-Secure or Verified by Visa, a payment can only be
processed if the Customer has successfully released the payment via this
procedure. The credit card will be charged upon completion of the order. In the
case of returns, e.g. because the Customer has canceled the contract after
delivery, the amount will be credited to the credit card specified when the
order was placed.
6.3 Payment of the purchase price is due and
payable immediately upon conclusion of the contract. If the due date for
payment is determined according to the calendar, the Customer is already in
default by missing the deadline. In this case, the Customer has to pay the
Supplier interest on arrears for the year at a rate of 5 percentage points
above the base rate.
6.4 The obligation of the Customer to pay
default interest does not exclude the assertion of further claims for damage
caused by default by the Supplier.
ยง7 Warranty for Material
Defects, Guarantee
7.1 The Supplier is liable for material
defects [Sachmรคngel] in accordance with the applicable statutory
provisions, in particular Section 434 et seqq. Of the German Civil Code (BGB).
The warranty period for goods delivered by the Supplier to entrepreneurs is 12
months.
7.2 An additional guarantee exists for the
goods delivered by the Supplier only if this was expressly given in the Order
Confirmation for the respective item.
ยง8 Conditions for
Promotional Vouchers
The following conditions apply to promotional
vouchers, provided that the voucher itself does not state other conditions.
They do not apply to goods vouchers (i.e. those vouchers that were purchased
against payment (e.g. as a gift)).
- Promotional vouchers can only be used in
our online shop. To redeem a voucher, the same email address to which the
voucher was sent must be used at the time of purchase. Vouchers may not be
transferred. Only one voucher can be redeemed per order. Vouchers cannot
be combined or redeemed for cash and do not accrue interest.
- Validity period and minimum order value
(incl. VAT, without shipping costs and fees) will be announced at the time
of the voucher campaign.
- The voucher value will be allocated
proportionally to the ordered goods. In the event of the return of individual
items, the voucher will be credited proportionally to the price of the
returned goods. If a voucher is linked to a minimum order value, this must
also be reached if some of the goods are returned. Otherwise the value of
the voucher will not be credited. In case of returned goods, the credited
amount of the promotional voucher will not be refunded and the voucher
cannot be reused.
ยง9 Liability
9.1 Claims of the Customer for damages are
excluded. Excluded from this are claims for damages of the Customer arising
from injury to life, limb or health or from the breach of material contractual
obligations (cardinal obligations) as well as liability for other damage or
loss caused by an intentional or grossly negligent breach of duty by the
Supplier or the legal representatives or vicarious agents of the Supplier.
Material contractual obligations are those whose fulfillment is necessary to
achieve the objective of the contract.
9.2 In the event of a breach of material
contractual obligations, the Supplier will only be liable for the foreseeable
damage typical for the contract if such damage was caused by simple negligence,
unless the Customer's claims for damages are based on injury to life, limb or
health.
9.3 The limitations of clauses 9.1 and 9.2
also apply for the benefit of the legal representatives and vicarious agents of
the Supplier, if claims are asserted directly against them.
9.4 The limitations of liability resulting
from clauses 9.1 and 9.2 do not apply if the Supplier has fraudulently
concealed a defect or has given a guarantee for the quality of the item [Beschaffenheitsgarantie].
The same applies insofar as the Supplier and the Customer have reached an
agreement on the quality of the item. The provisions of the German Product
Liability Act (ProdHaftG) remain unaffected.
ยง10 Cancellation Policy
10.1 In principle, consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the Supplier informs them below in accordance with the statutory sample form. You will find a sample cancellation form under 10.2 below.
Cancellation Policy
Right of Cancellation
You have the right to cancel this contract
within fourteen days without stating reasons.
The cancellation period is fourteen days from
the day on which you or a third party specified by you who is not the carrier
has taken possession of the last goods.
To exercise your right of cancellation, you
must inform us (O'Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665
Vaihingen/Enz, telephone +49 (0)7042 289000, fax +49 (0)7042 2890079, e-mail:
info@oneal-europe.com) by means of an unambiguous declaration (e.g. a letter
sent by post, fax or e-mail) about your decision to cancel this contract. For
your convenience, we have attached a cancellation form which you may use for
this purpose. However, you are not obliged to use this form.
In order to comply with the cancellation
period, all you have to do is send the notice of the exercise of the
cancellation right prior to expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we must
reimburse to you all payments which we have received from you, including the
delivery costs (with the exception of the additional costs arising from the
fact that you have selected a type of delivery which is different from the
cheapest standard delivery offered by us); the repayment must be made
immediately and no later than fourteen days after the date on which we received
the notice of your cancellation of this contract. For this repayment we will
use the same payment method as the one used by you in the original transaction,
unless otherwise expressly agreed with you; under no circumstances will fees be
charged to you due to this repayment. We may refuse to make repayment until we
have received the goods back again or until you have provided evidence that you
have returned the goods depending on which is the earlier date.
You must return the goods to us immediately,
and in any event within no later than fourteen days after the date on which you
notify us of the cancellation of this contract either by shipping them to us or
handing them over to us. The period will be complied with if you dispatch the
goods prior to the expiry of the fourteen-day period. You must only pay for any
depreciation of the goods if said depreciation is attributable to handling the
goods in a manner that was not necessary for the purpose of examining the
condition, properties and functionality of the goods.
10.2 The Supplier informs about the sample
cancellation form according to the legal regulation as follows:
Sample Cancellation Form
(If you wish to cancel the contract, please
complete and return this form.)
โ To: OโNeal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz,
Germany
โ I/We (*) hereby cancel the contract
concluded by me/us (*) for the purchase of the following goods (*)/the
provision of the following service (*)
โ Ordered on (*)/received on (*)
โ Name of consumer(s)
โ Address of consumer(s)
โ Signature of the consumer(s) (only if
notification is in paper form)
โ Date
(*) Delete as applicable.
ยง11 Final Provisions
11.1 The law of the Federal Republic of
Germany applies to contracts between the Supplier and the Customer, to the
exclusion of the United Nations Convention on Contracts for the International
Sale of Goods. The statutory provisions on the restriction of the choice of law
and on the applicability of mandatory provisions, in particular of the state in
which the Customer has his habitual residence as a consumer, will remain
unaffected.
11.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier will be the Supplier's registered office.
ยง12 Consumer Dispute
Resolution
(1) The European Commission provides a
platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr.
(2) In the event of legal conflicts with
consumers within the meaning of Section 13 of the German Civil Code (BGB), we
declare our willingness to participate in a consumer dispute resolution
procedure under the German Act on Alternative Dispute Resolution in Consumer
Matters (VSBG). The conciliation body
responsible for us is the consumer conciliation body of the Zentrum fรผr
Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany,
telephone +49(0)7851/795 79 40, fax +49 (0)7851/795 79 41, e-mail: mail@verbraucher-schlichter.de, website: www.verbraucher-schlichter.de