AGBs - Truck-SAFE Comfort

Direkt zum Seiteninhalt

AGB`s



TERMS AND CONDITIONS

Cancellation policy


§ 1 General

For the business relations of any kind between the BGV and the customer, the following general terms and conditions apply in their respective valid version. Deviating conditions or general terms and conditions of the customer are not valid, unless otherwise agreed in writing.

The presentation of the products in the online shop and generally on the website of the BGV does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button "Send order" you place a binding order for the goods contained in the shopping cart. This process also applies to chargeable services, e.g. personnel search and/or commercial memberships. The confirmation of receipt of your order takes place together with the acceptance of the order immediately after sending by automated email. The purchase contract has been concluded with this e-mail confirmation. For orders for personnel search and for commercial memberships, the BG sends an individual order confirmation within 72 hours after checking the information and whether the respective company meets the criteria of the BGV.

The BGV reserves the right not to provide the promised service if it turns out after conclusion of the contract that the goods are not available, although a corresponding cover transaction has been concluded. In such a case, the customer will receive immediate notification. Any consideration already provided by the customer will be refunded immediately. Further claims of the customer against the company FahrGut are excluded.

Entrepreneurial advice on strategic planning, e.g. in-house campaigns, measures for recruiting and/or maintaining personnel, etc. are subject to a charge and are charged according to consulting expenses, but at least with a daily flat rate of 3,600.00 EURO plus VAT. This consulting fee is completely offset against a campaign, sponsorship or advertising measures when an order is placed and is intended to protect the BGV from misuse.

Internal documentation on BGV campaigns that are made available for inspection for consulting purposes is the property of the BGV and is not transferable. Separate regulations and/or transfers require the written form of contract and are subject to charges.

§ 2 Delivery
Delivery is made to the delivery address specified by the customer. If the buyer is a consumer within the meaning of § 13 BGB (German Civil Code), the risk of accidental loss and accidental deterioration of the sold item also passes to the buyer in the case of a dispatch purchase only with the handover of the item. The transfer is the same if the buyer is in default of acceptance.
All prices are prices plus VAT plus any packaging and transport costs.
The goods must be inspected for transport damage immediately after receipt by the customer or his agent. Identifiable transport damage must be reported immediately in writing. The customer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods.
Claims for damages against the BGV due to non-performance or default are excluded insofar as there is neither intent nor gross negligence.

§ 3 Right of withdrawal
not in the case of distance contracts for the delivery of goods which are manufactured according to customer specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can quickly spoil or whose expiry date would be exceeded, not for distance contracts for the supply of audio or video recordings or software, if the delivered data carriers have been unsealed by you, not in the case of distance contracts for the delivery of newspapers, Magazines and magazines, unless you have submitted your contract declaration by telephone.
not for distance contracts for the delivery of individual consulting, service and service provision

§ 4 Cost sharing agreement
Defects or damage due to culpable or improper handling or improper installation as well as use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by the BGV are also excluded from the warranty.
Natural wear is also excluded from the warranty.
If the customer accepts the goods or the object of order despite knowledge of a defect, he shall only be entitled to warranty claims to the extent described below if he reserves the right to do so expressly and in writing immediately after receipt of the goods.
The customer is only entitled to warranty claims due to existing transport damage if he has fulfilled his obligation to inspect and report in accordance with § 2 Section 3. This does not apply if the customer is a consumer within the meaning of § 13 BGB.
The warranty period for new items is 24 months. The period begins with the passing of risk. The warranty period for used items is one year. If the customer is an entrepreneur within the meaning of § 14 BGB, the warranty period for new items is one year and for used items six months from the transfer of risk.
Otherwise, the warranty is based on the statutory provisions.
The BGV shall only be liable for damages other than those caused by injury to life, body and health, insofar as these are caused by intentional or grossly negligent action or culpable violation of a significant contractual obligation by the BGV or vicarious agents (e.g. the delivery service) of the BGV. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is negligently violated, the liability of the BGV is limited to the foreseeable damage.

§ 6 Due date and terms of payment
Unless otherwise agreed in writing, the BGV invoices are payable immediately and without deduction.
If the customer is in default with the payment of the purchase price, the sum of the purchase price during the default shall bear interest at eight percentage points above the respective base interest rate. If the BGV has demonstrably incurred a higher default damage, the BGV is entitled to assert this.

§ 7 Retention of title
Until full payment of all claims against the customer, including all ancillary claims, the delivered goods remain the property of the BGV. In the case of contracts with consumers, § 13 BGB, the BGV reserves ownership until the purchase price has been paid in full.
The customer is not entitled to sell the goods to third parties until full payment of the purchase price or to take other measures endangering the property of the BGV. The customer already assigns his future claims against the purchaser in the amount of the purchase price agreed between the BGV and the customer, including interest and ancillary claims, to the BGV. The BGV accepts this assignment.

§ 8 Place of performance and jurisdiction
Only German law applies.
The place of performance for all services from the business relationships existing with the BGV is Düsseldorf, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
The exclusive place of jurisdiction for actions against the BGV is Düsseldorf. This also applies to actions of the BGV against the customer insofar as the customer is a merchant, a legal entity under public law.







Consumers have a fourteen-day right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his commercial nor to his independent professional activity.

You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline - also by returning the item. Excluded from this are all services and services that are to be implemented immediately. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilling our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the withdrawal period, the timely dispatch of the withdrawal or the thing is sufficient. The revocation must be addressed to:

The revocation must be addressed to:

BGV
Klosterstrasse 88

40211 Düsseldorf

e-mail: info@bgv-ev.de

Consequences of withdrawal

In the event of an effective revocation, the services received by both parties must be returned and any benefits drawn (e.g. interest) must be surrendered. If you are unable to return or hand over to us the service received as well as uses (e.g. advantages of use), or if you are unable to do so in part or only in a deteriorated condition, you must compensate us in this respect. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the uses or the deterioration is due to a handling of the thing that goes beyond the examination of the properties and the functioning. The term "testing of properties and functionality" refers to the testing and trial of the respective goods, as is possible and common in a shop. Items that can be shipped by parcel are to be returned at our risk. You must bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item at the time of revocation, you have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with its receipt.


Exclusion of the right of withdrawal

The right of withdrawal exists...




If you make use of your right of withdrawal, you have to bear the regular costs of the return, if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item at the time of revocation, you have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge for you.




















Zurück zum Seiteninhalt