General terms and conditions of business
§ 1 SCOPE
(1) THE GENERAL TERMS AND CONDITIONS APPLY TO ALL SERVICES OF THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler AND THE CONTRACTOR.
(2) ALL ORDERS FROM THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler ARE ACCEPTED AND EXECUTED EXCLUSIVELY UNDER THESE GENERAL TERMS AND CONDITIONS. ANY CONDITIONS OF CUSTOMERS ARE NOT VALID.
(3) THESE TERMS AND CONDITIONS APPLY BOTH TO ENTREPRENEURSHIPS ISV § 14 BGB AND TO CONSUMERS ISV § 13 BGB. ORAL AGREEMENTS BETWEEN THE CUSTOMER AND THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler. ANYTHING THAT DIFFERS FROM THESE MUST BE IN WRITING.
(4) ALL OFFERS (INCLUDING REQUESTS TO MAKE AN OFFER) ARE SUBJECT TO THE GENERAL TERMS AND CONDITIONS.
(5) ANY ACTIVITIES AND ACTIONS OF THE COMPANY Eastside Chains/OWNER Jasmina Meyer and media representative Mary-Ann Schettler ARE BASED ON THE BASIS OF THE GENERAL TERMS AND CONDITIONS AND ARE SUBJECT TO THEM.
§ 2 SUBJECT OF THE CONTRACT
(1) THE SUBJECT OF THE CONTRACT IS THE PERFORMANCE OF THE PREVIOUSLY AGREED OR ALREADY DETERMINED SERVICE.
(2) ALL CONTRACTUAL SERVICES AND OBLIGATIONS ARE BINDING AND CANNOT BE CHANGED UNILATERALLY.
(3) FEATURES ARE GOVERNED IN THE BGB.
§ 3 OBLIGATIONS OF THE CLIENT
(1) THE CLIENT COMMITS TO PROVIDE TRUTH INFORMATION.
(2) DEFECTS, DAMAGE OR OTHER FACTORS THAT DIFFER FROM NORMAL CONDITION MUST BE STATED.
(3) DELIBERATELY MISREPRESENTATION OF THE FACTS LISTED UNDER (2) CAN LEAD TO CRIMINAL CONSEQUENCES.
(4) IF THE ACT OF MAJOR DECEPTION EXISTS, ALL CLAIMS FOR DAMAGES OR OTHER CLAIMS THAT ARISE ARE VOID.
§ 4 OFFERS AND PRICES
(1) THE OFFERS FROM THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler ARE ALWAYS CONDITIONAL. ALL PRICES STATED ARE VATIVE AND INCLUDING APPLICABLE VAT, BUT EXCLUDING INSURANCE, SHIPPING AND TRANSPORT COSTS. SUCH COSTS, AS WELL AS OTHER AGREED FUNDAMENTAL SERVICES, IN PARTICULAR TRANSPORT INSURANCE, WILL BE CHARGED ADDITIONALLY. THESE PRICES, INCLUDING PRICES FOR PACKAGING AND SHIPPING, ARE ONLY VALID WITHIN GERMANY.
(2) THE ORDER IS A BINDING OFFER. THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler CAN ACCEPT THIS OFFER WITHIN TWO WEEKS BY SENDING AN ORDER CONFIRMATION OR THE GOODS.
(3) PROMOTIONAL OFFERS AND PRICES ARE ONLY AVAILABLE AND VALID FOR A CERTAIN PERIOD. THERE IS NO RIGHT TO SUBSEQUENT ACCEPTANCE, PERFORMANCE OR ANYTHING.
(4) IN ADVERTISING AND PRICE COMPARISON SITES, ETC. THE OFFERS INCLUDED ARE ALWAYS UNBINDING AND NON-BINDING - ALSO REGARDING THE PRICE INFORMATION.
(5) WHEN PLACING THE ORDER OR IF THE CONTRACT IS AWARDED VIA ONLINE AUCTION HOUSES, THE ORDER IS PLACED BY THE CLIENT BINDING, THE STATUTORY RIGHT OF WITHDRAWAL REMAINS UNAFFECTED.
§ 5 TERMS OF PAYMENT, DELAY OF PAYMENT
(1) PAYMENT FOR THE CONTRACTUALLY AGREED SERVICE MUST BE MADE AFTER RECEIPT OF THE INVOICE WITHIN THE SET PAYMENT PERIOD.
(2) PARTIAL PAYMENTS OR INSTALLMENT PAYMENTS ARE EXCLUDED UNLESS ANYTHING HAS BEEN AGREED SEPARATELY WITH THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler .
(3) THE METHOD OF PAYMENT IS GENERALLY BANK TRANSFER OR CASH. PAYMENT METHODS SUCH AS CREDIT CHECK, CASH CHECK OR LAST NAME ARE NOT POSSIBLE.
(4) OTHER PAYMENT METHODS (E.G. PAYPAL) ARE ONLY POSSIBLE WITH YOUR CONSENT.
(5) THE CUSTOMER WILL BE IN DEFAULT AT THE LATEREST IF HE DOES NOT MAKE PAYMENT WITHIN 14 DAYS AFTER THE DUE DATE AND RECEIPT OF THE INVOICE OR AN EQUIVALENT PAYMENT REQUEST.
(6) IF THE CUSTOMER DELAYS WITH HIS PAYMENT WITHIN THE SENSE OF § 5 PARAGRAPH (5), THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler IS ENTITLED TO CHARGE A REMINDER FEE IN AN APPROPRIATE AMOUNT. THE REMINDER FEE WILL BE CALCULATED IN PROPORTION TO THE INVOICE AMOUNT.
(7) IF PAYMENT IS DELAYED, THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler RESERVES THE RIGHT TO TAKE FURTHER LEGAL STEPS AND TO MAKE DAMAGES.
(8) LIEN AND SECURITY TITLE: WE HAVE A STATUTORY LIEN ON THE ITEMS SUBMITTED TO US FOR PROCESSING, WHICH WE CAN ASSEMBLY FOR ALL CLAIMS FROM THE BUSINESS CONNECTION WITH THE PURCHASER. WE RESERVE THE RIGHT TO DELIVER UNTIL ALL PAYMENTS ARE RECEIVED. THE PURCHASER MAY CONTINUE PROCESSING THE DELIVERY ITEM THAT WE POWDER-COATED. OUR EXTENDED RETENTION OF TITLE TO THE ITEM MANUFACTURED BY THE OWNER APPLIES TO THE AMOUNT OF THE OUTPENDING INVOICE AMOUNT UNTIL FULL PAYMENT OF OUR DEMANDS. THE PURCHASER IS PROHIBITED FROM PLEDGING OR ASSIGNMENT AS SECURITY TO THIRD PARTIES. HE MUST NOTIFY US IMMEDIATELY OF ANY WARRANTIES, SEIZURES OR OTHER DISPOSAL. IF THE ITEMS PROCESSED BY US ARE DELIVERED TO THE PURCHASER BY A THIRD PARTY UNDER RESERVATION OF TITLE, THE SECURITY TRANSFER WILL BE REPLACED BY THE TRANSFER OF THE ENTITY, SO THAT WE CAN ACQUIRE OWNERSHIP BY SATISFYING THE SELLER. IF THE ITEMS PROCESSED BY US ARE TRANSFERRED TO A THIRD PARTY FOR SAFETY, THE PURCHASER ASSIGNS TO US HIS RIGHT TO RETURN. ALSO, ANY CLAIMS FOR EXCESS SECURITY AGAINST RESERVED AND SECURITY OWNERS. TRANSFER AND ASSIGNMENT WILL ONLY BE PERFORMED IN THE AMOUNT OF OUR OPEN INVOICE AMOUNTS. IF THE PURCHASER DELIVERS ITEMS IN WHICH THE OWNERSHIP HAS BEEN TRANSFERRED TO US TO SECURE ALL CLAIMS TO US FROM THE BUSINESS RELATIONSHIP TO A THIRD PARTY, THEN THE PURCHASER IS REQUIRED TO SECURE OUR RIGHTS WHEN RESELLING THE RESERVED GOODS ON CREDIT. IN ADDITION, THE PURCHASER ALREADY ASSIGNS HIS CLAIMS FROM THE RESALE OF THE RESERVED GOODS TO US. UPON OUR REQUEST, THE PURCHASER HAS TO PROVIDE THE INFORMATION REQUIRED FOR COLLECTION ABOUT THE ASSIGNED DEBT AND TO NOTIFY THE DEBTORS OF THE ASSIGNMENT. THE PURCHASER ALSO GRANTS US A RIGHT OF RETENTION TO ALL ITEMS IN OUR POSSESSION IN THE AMOUNT OF THE ASSIGNED DEMANDS. WHEN RESERVED GOODS ARE CONNECTED WITH OTHER GOODS THAT DO NOT BELONG TO US, WE ARE ENTITLED TO THE RESULTING CO-OWNERSHIP SHARE IN THE NEW ITEM IN RATIO OF THE VALUE OF THE RESERVED GOODS TO THE OTHER PROCESSED GOODS AT THE TIME OF CONNECTION. IN ADDITION, THE PURCHASER NOW ASSIGN HIS CLAIMS FROM THE RESALE OF THE RESERVED GOODS TO US IN THE AMOUNT OF OUR OPEN INVOICE AMOUNTS.
§ 6 DELIVERY DATE
IN CASE OF FORCE MAJEURE AND OTHER UNFEEDABLE, EXCEPTIONAL AND CIRCUMSTANCES OUT OF FAULT - E.G. DIFFICULTIES IN PROCUREMENT OF MATERIALS, OPERATIONAL DISRUPTIONS, STRIKES, LOCKOUTS, LACK OF TRANSPORTATION MEANS, OFFICIAL INTERVENTIONS, ENERGY SUPPLY DIFFICULTIES TEN, ETC., EVEN IF THEY OCCUR FROM PRE-SUPPLIERS, WILL BE EXTENDED IF WE ARE INTENDED TO PERFORM OUR TIMELY PERFORMANCE OBLIGATION IS IMMEDIATE, THE DELIVERY PERIOD TO A REASONABLE EXTENT. IF THE CIRCUMSTANCES MENTIONED MAKE DELIVERY OR SERVICE IMPOSSIBLE OR UNREASONABLE, WE WILL BE RELEASED FROM THE DELIVERY OBLIGATION. IF THE DELAY IN DELIVERY LASTS LONGER THAN TWO MONTHS, THE PURCHASER IS ENTITLED TO WITHDRAW FROM THE CONTRACT. IF THE DELIVERY TIME IS EXTENDED OR WE ARE RELEASED FROM THE DELIVERY OBLIGATION, THE PURCHASER CANNOT MAKE ANY CLAIMS FOR DAMAGES RESULTING FROM THIS. WE CAN REFER TO THE CIRCUMSTANCES STATED IF WE NOTIFY THE PURCHASER IMMEDIATELY.
§ 7 SHIPPING, DELIVERY AND COLLECTION
(1) SHIPPING WILL BE CARRIED OUT WITH THE TRANSPORT SERVICE PROVIDER COMMITTED BY THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler . THE USE OF ANOTHER PREFERRED TRANSPORTATION SERVICE PROVIDER IS AT THE CUSTOMER'S EXPENSE.
(2) THE DELIVERY WILL BE TAKEN FOR A PACKAGING AND SHIPPING COST WHICH THE CUSTOMER HAS TO BEAR AND THE AMOUNT OF WHICH IS CALCULATED INDIVIDUALLY. FOR CASH ON DELIVERY (ONLY WITHIN GERMANY) A COD FEE OF €6.00 WILL BE CHARGED.
(3) ALL SHIPPING WILL BE CHARGED TO THE SHIPPING DEPOSIT.
(4) THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler IS NOT RESPONSIBLE FOR THE SHIPPING TIME OF THE TRANSPORT SERVICE PROVIDER.
(5) IF THE SELLER SHIPS TO A PLACE OTHER THAN THE PLACE OF PERFORMANCE AT THE CUSTOMER'S REQUEST, THE RISK PASSES TO THE CUSTOMER AS SOON AS THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler HAS HANDED THE ITEM TO THE TRANSPORT SERVICE PROVIDER.
(6) IF THE PACKAGE IS NOT DELIVERED DUE TO AN INCORRECT ADDRESS, THE COMPANY / OWNER MARK BAUERFEIND EXPRESSLY RESERVES THE RIGHT TO CHARGE THE COSTS RESULTING.
§ 8 WITHDRAWAL
(1) THE CUSTOMER AS A CONSUMER IS ENTITLED TO A RIGHT OF RETURN FOR DISTANCE SALES CONTRACTS, in accordance with Section 13 of the German Civil Code (BGB). ACCORDING TO THE DISTANCE SALES ACT, HE HAS A RIGHT OF WITHDRAWAL WITHIN THE FIRST TWO WEEKS AFTER SUBMISSION OF THE SERVICE ORDER. WITHDRAWAL MUST BE MADE IN TEXT FORM; TO KEEP THE DEADLINE, SENDING TO US ON TIME IS SUFFICIENT.
(2) WITHDRAWAL IS EXCLUDED AS SOON AS THE SERVICE HAS BEEN STARTED.
(3) WHEN EXERCISING THE RIGHT OF WITHDRAWAL, THE CUSTOMER SHALL BEAR THE RESULTING COSTS.
(4) IF THE GOODS CANNOT BE DELIVERED TO THE CUSTOMER, THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler RESERVES THE RIGHT TO WITHDRAW FROM THE CONTRACT WITH THE CUSTOMER. ANY COSTS RESULTING FROM THIS WILL BE INVOICED TO THE CUSTOMER.
§ 9 GUARANTEE, GUARANTEE, LIABILITY, COMPLAINTS OF DEFECTS
(1) WELDING, BLASTING, POLISHING AND RIGHTENING WORK AS WELL AS HIGH-GLOSS FINISHING AND POWDER COATING ARE ONLY CARRIED OUT AT THE CUSTOMER'S REQUEST AND TO THE EXCLUSION OF ANY GUARANTEE OR WARRANTY AS WELL AS CONSEQUENTIAL DAMAGES.
(2) WHEN DISASSEMBLY AND ASSEMBLY OF MULTI-PIECE RIMS, BLASTING, POLISHING, HIGH-GLOSS COMPACTING, POWDER COATING, RIGHTENING AND WELDING RIMS, THE OPERATING PERMIT FOR THE RIMS AUTOMATICALLY VOID, SO THAT THEY ARE NO LONGER PERMITTED FOR ROAD TRAFFIC WITHOUT AN APPROPRIATE TÜV TEST ARE ESSENTIAL. THE INSPECTION IS TO BE ORIGINATED BY THE CUSTOMER HIMSELF AND CARRIED OUT AT THEIR ACCOUNT. THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler WILL NOT ASSEMBLE ANY RIMS PROCESSED IN THIS WAY AND REJECTS ANY GUARANTEE AND WARRANTY AS WELL AS CONSEQUENTIAL DAMAGES.
(3) DURING HIGH-GLOSS COMPACTION AND PROCESSING OF PARTS AND RIMS ETC. DAMAGE SUCH AS MATERIAL CRUSHING AND/OR IMPRESSIONS CAN CAUSE TO THE COMPONENTS DUE TO THE NECESSARY SPECIAL CLAMPING TECHNIQUES AND/OR CLAMPING DEVICES. IN THESE CASES, THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler EXCLUDES ANY LIABILITY.
(4) PAINT WORK AND POWDER COATING WILL ONLY BE PERFORMED UPON THE CUSTOMER’S REQUEST. A GUARANTEE OR GUARANTEE FOR ANY CONSEQUENTIAL DAMAGES ARE EXCLUDED.
(5) SINCE THE DURATION OF THE CHROME EFFECT, POLISHING, HIGH-GLOSS FINISHING, POWDER COATING AND PAINTING OF THE PARTS IS DEPENDENT ON THE CUSTOMER'S CARE, WORK WILL ONLY BE PERFORMED TO THE EXCLUSION OF ANY GUARANTEE OR GUARANTEE IN REGARD.
(6) IF THERE ARE OBVIOUS DEFECTS, COMPLAINTS MUST BE MADE IMMEDIATELY, STATING THE DEFECTS, BUT NO LATER THAN ONE WEEK AFTER DELIVERY/RECEIPT OF THE GOODS AND IN ANY CASE BEFORE THE STARTING OF ASSEMBLY. ALSO, WE MUST BE GIVEN THE OPPORTUNITY TO CHECK. IF ANY CHANGES ARE MADE TO THE OBJECTIVE ITEMS CONTRARY TO THE INTENDED USE BY THE PURCHASER OR THIRD PARTIES OR THE OBJECTED ITEMS ARE PROCESSED WITH DEFECTIVE TOOLS OR BY UNQUALIFIED PERSONNEL, OUR LIABILITY WILL BE LIMITED FIRST. DEFECTS WHICH CAN BE PROVEN DUE TO IMPROPER EXECUTION ON OUR PART WILL BE CORRECTED BY US BY REWORKING FREE OF CHARGE, FOR WHICH WE SHALL BE GRANTED A REASONABLE PERIOD FOR THIS. IF DEFECTIVE MATERIAL IS DELIVERED BY THE PURCHASER AND THEREFORE OUR SERVICES BE REQUIRED FOR SERVICES BEYOND THE CONTRACTUAL SCOPE OF SERVICES, THE PURCHASER SHALL REIMBURSE THE EXTRA COSTS EXCEEDING THE AGREED PRICE, AFTER NOTIFICATION FROM US OF THE EXPECTED AMOUNT OF THIS EXTRA EAST.
IF THE COST OF THE ROUND AND RETURN FREIGHT IS BEARED BY US, WE WILL DETERMINE THE TYPE OF PACKAGING AND THE CHEAPEST TRANSPORT. ALL FURTHER CLAIMS, INCLUDING THE CLAIM FOR LOST PROFITS, FOR DAMAGES, FOR REPLACEMENT OF MATERIAL THAT HAS BECOME UNUSABLE, AS WELL AS THE CLAIM FOR REPLACEMENT OF ASSEMBLY AND DISASSEMBLY AND PENALTIES FOR DEFAULT ARE EXCLUDED. CLAIM FOR DAMAGES FOR ANY SCRAP ARISING DURING PROCESSING THROUGH CHANGES IN FORM, CRACKS OR THE LIKE, ALSO FOR ANY. IMPACT ON THE DIMENSIONAL AND FITTING ACCURACY OF MOVING PARTS ARE EXCLUDED UNLESS THE DAMAGE WAS CAUSED BY INTENTIONAL OR GROSS NEGLIGENCE. THE LIGHT STABILITY OF COLORS IS ONLY GUARANTEED ACCORDING TO THE LIGHT FASTNESS VALUES OF THE COLORS / COLOR MANUFACTURERS OF THE COLORS WE USE, WHICH ARE Achieved WHILE ALL THE NECESSARY CONDITIONS ARE COMPLIED WITH. SMALL COLOR DIFFERENCES, EVEN WITH OWN DYES, ARE ALLOWED WITHIN DIN.
§ 10 PROHIBITION OF ASSIGNMENT
(1) RIGHTS FROM BUSINESS CONDUCTED WITH THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler ARE NOT TRANSFERABLE TO THIRD PARTIES.
§ 11 DATA PROTECTION
(1) THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler INFORMS THE CUSTOMER THAT THE DATA RECORDED AS PART OF THE CONCLUSION OF THE CONTRACT WILL BE STORED, PROCESSED AND USED IN ACCORDANCE WITH THE FEDERAL DATA PROTECTION ACT AND THE TELECOMMUNICATIONS DATA PROTECTION ACT.
(2) THE DATA CAN BE TRANSMITTED TO OFFICERS IN ACCORDANCE WITH § 11 OF THE FEDERAL DATA PROTECTION ACT FOR THE PURPOSE OF CREDIT CHECK.
§ 12 SEVERABILITY CLAUSE
(1) SHOULD ANY CLAUSE OF THESE TERMS AND CONDITIONS BE OR BECOME INDEPENDENT IN WHOLE OR IN PART, IT WILL BE REPLACED BY APPLICABLE LAW. THIS ALSO APPLIES IN THE CASE OF A GAP IN THE REGULATIONS OR CHANGES IN THE LAW. THIS DOES NOT AFFECT THE EFFECTIVENESS OF THE OTHER PROVISIONS.
§ 13 FINAL PROVISIONS
(1) CHANGES AND ADDITIONS TO THESE TERMS AND CONDITIONS OR THE CONTRACT MUST BE IN WRITING AND MUST BE EXPRESSLY ACKNOWLEDGED AS SUCH. THIS ALSO APPLIES TO CHANGES TO THE WRITTEN FORM CLAUSE.
(2) PLACE OF PERFORMANCE AND JURISDICTION IS MÜLSEN.
(3) IF THE CUSTOMER IS A MERCHANT, A LEGAL ENTITY UNDER PUBLIC LAW OR A SPECIAL FUND UNDER PUBLIC LAW, SCHNEEBERG IS AGREED TO BE THE JURISDICTION. HOWEVER, THE COMPANY Eastside Chains / OWNER Jasmina Meyer and media representative Mary-Ann Schettler IS ENTITLED TO SUE THE CUSTOMER AT THE GENERAL JURISDICTION FOR THIS GENERAL JURISDICTION.
(4) GERMAN LAW APPLIES TO THE LEGAL RELATIONSHIP OF THE COMPANY Eastside Chains / OWNER Jasmina Meyer, media representative Mary-Ann Schettler AND THE CUSTOMER, TO THE EXCLUSION OF THE UN PURCHASE LAW.
(5) BY ACCEPTING THE ORDER, THE CUSTOMER EXPRESSLY AND UNLIMITEDLY ACCEPTS THE GENERAL TERMS AND CONDITIONS, EVEN IF A POINT VIOLATES APPLICABLE JURISDICTION. THIS APPLIES TO WRITTEN, TELEPHONE AND ORAL ORDER COMMITMENTS AND ORDER CHANGES.