The offers from our Brochures (catalogs, price lists, Internet sites, etc.) are non-binding, unless we have expressly agreed in writing and otherwise. With his order, the customer makes a binding offer, which we accept by written confirmation or by sending the ordered item. We will not accept an offer, we share it with the customer immediately.
The conclusion of the contract and delivery arrangements are made subject to the correct and timely delivery by our suppliers; This title applies only in the event that we concluded with the suppliers a congruent hedging transaction and are not responsible for a possible wrong or non-delivery. Where, after contract conclusion that the ordered merchandise is not available, we reserve the right to cancel the contract. We will inform the customer immediately about the unavailability and any already paid by the customer services immediately erstatten.Wir are to make partial deliveries and services at any time entitled to the extent that this is reasonable for our customers
3. TUV / MOT acceptance:
Only for products to which is explicitly stated in the online shop / brochure or website or in the price list, the TUV / MOT parts certificate has been created by german TUV. Accessories as such are safety components like wheels, brakes, suspension parts and performance upgrades, which is not explicitly stated with a “TUV / MOT and / or certificate of conformity” in the article, are not allowed on the road. These parts require individual registration according to § 19/2 with your TÜV office.
4. Delivery and Place of Performance:
The dates and deadlines stated by us are not binding unless expressly agreed otherwise in writing. In the case of goods, which are ordered especially for our customers, customized or painted, we reserve the right, this only after the expiry of the withdrawal period (para. 18) to deliver.
5. Delay in performance:
The customer is only entitled because of our delay in performance, withdraw from the contract if he has set us after default a reasonable grace period and this period is expired to no avail. We are liable for delay in delivery only for the foreseeable, typically occurring damage. This of course not apply if we have agreed a fixed date in writing or if we have to delay deliberately or through gross negligence. This is true even if our customer can rely on the fact that his interest has continued to like the performance of the contract. The further legal claims and rights remain unaffected our customers due to a delay in delivery on our part.
6. Investigation / Complaint:
The goods received must be investigated by our customers for completeness, damage, obvious defects, condition and their properties. Obvious defects must be within 2 weeks after delivery in writing (letter, fax, email) towards 4WARD 4×4 service to be notified, stating the order or invoice number. Damaged or missing packages must be confirmed by the forwarder (forwarding, postal or parcel service) in writing. If an obvious defect is not challenged in good time and in writing, we are not obliged to guarantee. The examination and notification of merchants under the statutory provisions shall remain unaffected.
The statutory warranty period is 2 years and begins with delivery of the commodity. In this period, all defects that are subject to the statutory warranty, solved completely free. To this end, grants us our customer for any lack a reasonable grace period. The warranty claims of our customer are limited to subsequent. In case of failure of compensation, you have your choice are entitled to cancel the contract or reduce the purchase price and damages.
The customer’s right to assert further claims for damages on the following conditions remains unaffected.
8. Limitation of Liability:
For damage caused by culpable violation of or compensation for wasted expenditure, we shall only be liable if they were deliberately or through gross fährlässig by us, our agents, employees or assistants. In addition, we are liable for simple or ordinary negligence if essential contractual obligations have been violated or the culpable breach of an expressly granted warranty. In these cases of clause 2, our liability is limited to foreseeable, typically occurring damage. Unrestricted we are liable for negligence or intentionally induced damage to life, limb or health.
Insofar as our liability is excluded or limited, this also applies to the personal liability of our representatives, employees and agents.
9. Retention of title:
We reserve the title to the goods until receipt of all payments from the sales contract. The processing or transformation of the goods by the customer is always, however, carried out for us without any obligation for us. If the reserved goods with other items not belonging to us are processed or combined, we shall acquire joint ownership of the new item in proportion of the value of the goods to the other processed items at the time of processing. With a resale of the goods or the connected or processed goods resulting receivables by way of security assigned to us up to the amount of liabilities from the purchase agreement. We are authorized to collect this claim in its own name on behalf of clients. We may require at any time that the assignment is disclosed and provided us with information and documents available werden.Unser customer has to inform us immediately in writing of any third parties, especially foreclosure measures as well as other impairments of his property. The customer shall reimburse us for all damages and costs arising from a breach of this obligation and from necessary intervention measures against accesses of third parties.
10. Payment / payment arrears:
The purchase price is due immediately without deduction upon receipt of invoice at our customer to pay. A payment is considered made when we can dispose of the amount. Payment is made by cash on delivery, cash in advance or by direct debit by debit or Krediitkarte. The customer comes in default without reminder if he fails to pay the purchase price within 30 days after due date and receipt of the invoice or an equivalent payment schedule. In case of default, we are entitled, notwithstanding any provisions of the customer, to offset payments against older debts. Costs have already been incurred, only the costs are taken into account the principal debt.
The customer is entitled to offset, even if complaints or counterclaims are made valid, only if the counterclaims have been legally determined, have been recognized by us or are undisputed. To exercise a lien, the customer is only authorized if its counterclaim is based on the same contract of sale.
The mentioned in the price list and on the internet prices are subject to change. Decisive are shown in the order confirmation. Additional services are charged separately. The above prices exclude packaging. Shipping costs are charged to the customer. Any errors in price reserved.
We will endeavor to take into account the wishes and interests of our customers in terms of transport and transport; Any additional costs – even when the agreed freight-free delivery – shall be borne by the customer. If the shipment is delayed at the request or fault of the customer, we shall store the goods at the expense and risk of the customer. In this case, the display of goods are ready for dispatch.
14 design changes:
We reserve the right to make design changes at any time. We are not obligated such changes to products already delivered to make.
15. Returns only for merchants, legal persons of public law and public law special funds outside the law:
Returns of delivered parts may only after prior consultation with us, take place within 2 weeks and stating the invoice number and the order number. Requirement is always the proper state of the returned goods at the customer’s risk. The return delivery costs borne by the customer. Except in the case of wrong delivery. Custom, have been specially ordered or made for our customers, are excluded from the withdrawal. Bulky or Heavy parts must be reported for retrieval at 4WARD 4×4 service. For specially ordered parts we collect when returning a restocking fee of 10% of product value.
16. Data protection:
We do not store data, the data of our customers to process your order and to maintain customer relationships. The data are not passed on to other companies.
17. Final Clause, Applicable Law:
It is only the law of the Federal Republic Deutschland.Unsere customers are not entitled to claim from the sales contract without our consent abzutreten.Sollte any provision of these General Terms of invalid or unenforceable or become, then the validity of the standard conditions of sale payment in not rest.
18. Withdrawal only for consumers:
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail.) Or – if the goods before the deadline – by returning the goods. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of-recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in con-tion with § 1 para. 1 and 2 EGBGB and our obligations according to § 312e Abs. 1 Satz 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to: 4WARD 4×4 Service, Liechtersmatten 10, 77815 Buhl, Tel .: +49 (0) 7223-287 87 99-0
19. Consequences of cancellation:
In case of an effective cancellation the mutually received benefits are added back and issue any benefits (eg. As interest). Can you give us the performance received whole or in part, or return them only in deteriorated condition, you must pay us compensation for the value. This may cause you to withdrawal must fulfill the contractual payment obligations for the period however. Have obligations to reimburse payments. To be fulfilled within 30 days. The period begins with the declaration of revocation, for us with their receipt. Special notes Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of withdrawal. For specially ordered goods a restocking fee will be charged. This amounts to a flat rate per Article 5% of the value of the returned goods.