Working Tyres

Torsten Eisold
Lange-Str.20
37139 Adelebsen
Germany
VAT/USt-IdNr.: DE 257264069

GENERAL CONTRACT TERMS OF SALE/ Information for the purchaser

I.BASIC RULES (version of 25.9.09)

The contract is drawn up between Working-Tyres owned by Torsten Eisold (who is hereinafter referred to as the “vendor”) and a person both physical or legal (who is hereinafter referred to as “purchaser”). Further information can be obtained from the internet site www.en.working-tyres.eu, in the “Contacts” section.

The following general contract terms of sale are valid for all contracts stipulated between the vendor and the respective purchaser and are confirmed by the order. The vendor offers in his own on-line-shop various goods of which the characteristics can be consulted in the respective goods description published in the above mentioned internet site. The term “consumer”, in reference to the rules in question, is understood to mean the physical person that stipulates a contract for a purpose that cannot be attibuted to his entrepreneurial business.

II.EXECUTION OF THE CONTRACT

The offers of the vendor presented on the site are not binding offers for the purposes of entering a sales contract but are an invitation to place an order (offer to purchase by the purchaser). The goods which are to be purchased have been placed in the “shopping cart”. In the link “display cart” the list of goods can be reviewed or modified at any time.

After clicking on the section “cassa” the list of goods that are intended to buy is displayed again. Before sending the order the purchaser can check all the information again (for example name, address, despatch, method of payment and goods ordered), and using the browser function “back” (arrow) or cliking on the keys “despetch address”, “despatch”, “type of payment”, it is always possible to go back through the procedure and modify the data or simply interrupt the purchase.

Clicking on the button “order confirmation” the purchaser sends an offer to purchase that is binding on the vendor. The purchaser will receive an order confirmation immediately by email which however does not make the contract effective.

The purchase offer is accepted (and therefore the execution of the contract) by sending another email in which the order or the despatch of the goods is confirmed.

If within 7 working days the purchaser does not receive confirmation of the order or information about delivery, the purchaser can consider himself no longer bound by the order placed. If the purchaser has already made payment the procedure of total immediate reimbursement will be inititated.

The language in which the contract is established is Italian. The text of the contract (order data and terms) are saved by the vendor. The saving of this data is temporary and therefore the purchaser can print a copy or save a copy. At any rate the purchaser will receive all the data relevant to the order via email and it can be printed.

III.PRICES AND COST OF DESPATCH AND DELIVERY

The prices displayed in the respective offers represent the final prices. The prices are inclusive of all taxes such as VAT for example. In the event of sales made outside Germany further taxes could be applied (among which, for example, import duties) which must be paid not to the vendor but to the relevant customs and excise department.

The cost of despatch and sale not included in the purchase price can be found on the page entitled “transport costs”, and are displayed during the course of executing the order and are for the cost of the purchaser.

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IV.TERMS OF PAYMENT

The purchaser can pay by the following methods:
Payment in advance by bank transfer
Payment with PayPal (in this case it must be added an additional cost of 3% of the order total).

The amount of the payment on account is displayed at the end of the order. The invoice issued by the vendor must be paid immediately. The goods remain the property of the vendor until the date on which the balance of the invoice is received.

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V.TERMS OF DESPATCH AND DELIVERY

Despatch will be made in Germany and in all the other countries indicated in the section “shipping costs”. The goods will be despatched, except in the case of cash on delivery, after receipt of the total order amount plus the despatch costs and will be delivered to the address which has been indicated by the purchaser.

Despatch will take place within 3-5 working days of receipt of the payment (or receipt of the account indicated, in the case of cash on delivery), unless another delivery term is indicated in the description of the article.

If it should happen that one of the products the purchaser has ordered is not available, for reasons beyond the control of the vendor, the purchaser will be informed immediately and any payment made will be reimbursed immediately.

At the time of delivery, the purchaser is requested to examine the goods in order to check that the consignment is complete and for any visible defects or damage caused by transport and to inform the vendor and the carrier immediately. These events however do not affect the product guaranty in any way however.

Since the purchaser is a consumer, the risk of accidental loss or deterioration of the goods during despatch becomes consumer’s responsibility only after the goods come into your possession, regardless of whether the consignment has been insured or not.

If the purchaser is not a consumer, the purchaser bears the risk of despatch and delivery. It is agreed that, if in the case of mail order sale the consumer’s right of withdrawal is exercised, the cost of despatch of the goods to the addresse will be paid by the consumer in the following cases: if the goods sent corresponds to the goods ordered and if the price of the goods to be returned to the sender has a value not exceeding 40 euros; if the price of the goods exceeds 40 euros, the consumer has not still done the payment of the down payment according to the contract.

VI.GUARANTY

1. The guaranty is governed by the laws in force.
2. In the case of used goods, the duration of the guaranty is different from the normal period established by law and corresponds to 1 year from delivery of the goods.
3. If the purchaser is a trader then laws different to those of point 1 apply.

a)As regards the quality of the goods, only the statements made by the vendor and the product description of the manufacturer are valid. Any kind of publicity, public promotion and comments by the manufacturer are not valid

b)The purchaser is obliged to check carefully the quality and quantity of the goods and must report any defects found to the vendor within 7 days of receipt of the goods. The days allowed for reporting defects are counted from the date this message is sent. This rule is applied even in case of defects discovered after the finding out of the defect itself. If the above checks and declaration are not made the rights conferred by the guaranty cannot be claimed.

c)In the event of defects the vendor can choose to improve the goods supplied or to supply a replacement. If the defect occurs more than twice the purchaser may choose to reduce the amount of the invoice or to withdraw from the contract.

d)The duration of the guaranty is one year from the delivery of the goods in accordance with the last part of point 2.

VII.CONSUMER’S WITHDRAWAL RIGHTWITHDRAWAL RIGHT

The consumer (understood as the physical person who enters a contract for a purpose that cannot be connected with a trading business) has the right to withdraw from the contract within 14 days without stating the reason in writing (letter or email) but simply by sending the goods to the vendors main address.

The term (of 14 days) starts on the day on which the consumer received the information concerning his withdrawal rights in writing and in any case not before the arrival of the goods at the agreed destination (in the case of despatch in a number of consigments, not before the arrival of the first partial consignment) and also not before the vendor has fulfilled his obligation to provide information in accordance with article 312c, comma 2 of the German civil code in connection with article 1, comma 1, 2 and 4 civil code -Info V, as well as the obligations fulfilled and required by article 312e, comma 1, frase 1 civil code in connection with article 3, civil code -Info V.

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To exercise the right of withdrawal it is sufficient to send promptly the notification of withdrawal or the goods. The notification must be sent to:
Lange-Str.20,
37139 Adelebsen,
Germany
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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CONSEQUENCES OF WITHDRAWAL

If notification of withdrawal comes into effect, both the contracting parties have the obligation to return whatever has been received by virtue of the contract and return any benefits received (such as interest). If the consumer is able to return the goods incompletely or only partially or in a deteriorated condition to the vendor, the consumer is obliged to make up the value to the vendor. In the case where the goods have been examined this is no longer valid if the deterioration of the goods can be traced exclusuively to their inspection – it is as if it had been possible for the consumer to view them in a shop. Moreover, the consumer is released from the obligation to compensate the vendor for the amount of the reduction in value of the goods if everything has been done to avoid the damage. Therefore, the obligation to make up the value of the damaged goods exists only if, at the latest when the contract is entered, notification in writing has been sent concerning the legal consequence (compensation for the damage) and the method adopted to avoid the damage in accordance with article 357, comma 3, first phrase, of the German civil code.

The goods which can be sent as a “parcel” are sent back at the risk of the vendor. The consumer is to pay the cost of despatch in accordance with article 357, comma 2, if the goods sent correspond to the order placed and if the price of the goods returned does not exceed the valueof 40 euros and if the consumer has not yet performed the due obligations or has not yet made the agreed partial payment, will pay the cost of despatch. Another case concerns free despatch. Items that cannot be sent back as a “parcel” must be collected from you. Restitution of the payment must be done within 30 days. The expiry period for you starts at the time of the despatch or the notification of the intention to return the goods. The expiry for the vendor strts at the time he receives the goods.

VIII. RETENTION OF OWNERSHIP

1.The goods remain entirely the property of the vendor until the relative invoice has been paid in full.

2.If the purchaser is a trader the following rules apply: a)The vendor retains ownership of the goods entirely until all the invoices issued in relation to the commercial relationship between the contracting parties have been paid in full and therefore the goods cannot be confiscated from the purchaser in the event of the purchaser becoming bankrupt. b)The purchaser may resell the goods in observance of the commercial regulations in force.

IX.PLACE OF EXECUTION OF THE CONTRACT / COURT OF JURISDICTION

German law is applicable unconditionally.

The place of execution of the contract, for the all the services deriving from the commercial relationship, and the Court having jurisdiction is that of the location in which the vendor has his main place of business, as the purchaser is not a consumer but a trader, a legal person.