Terms and Conditions
1. Scope of Application1.1 These Terms and Conditions of the company Dunlop International Europe Ltd. (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1 2. A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
2.Conclusion of the Contract2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods contained in the virtual basket. The Client may also present the offer to the Seller by means of telephone, fax, e-mail or postal.
2.3 The Seller may accept the Client's offer within five day by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail) after the Client has submitted his order.
2.5 The contractual language is English.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. Right of Revocation3.1 Consumers are entitled to the right of revocation.
3.2 Detailed information about the right of revocation is provided in the Seller’s instruction on revocation.
4. Price and Delivery Costs4.1 Unless otherwise stated in the product description, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
5. Shipment and Delivery Conditions5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable.
5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client effectively exercises his/her right of revoction, if he/she is not responsible for the event that entails the impossibility of delivery or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3 If the Client acts as a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is generally transferred when the goods are handed over to the Client or a person authorized to receive them. Notwithstanding this, the risk of accidental destruction and accidental deterioration of the sold goods, even with consumers, is already transferred to the Client as soon as the Seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the Client has commissioned the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment and the Seller has not previously named this person or institution to the Client.
6.Retention of Title6.1 In relation to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
7. Liability for Defects (Warranty)7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 For consumers, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the Client, with the restriction of the following clause.
7.3 The above-mentioned limitations of liability and shortening of the limitation period shall not apply
- to items which have not been used in accordance with their customary use for a building and have caused its defectiveness,
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
- for other damages based on an intentional or grossly negligent breach of duty by the Seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the Seller has fraudulently concealed the defect.
8. LiabilityThe Seller shall be liable to the Client for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.3 Otherwise, any liability of the Seller shall be excluded.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.