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Terms of Service

 

1. SCOPE

 

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

 

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

 

 

2. CONTRACTUAL PARTIES, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES

 

The sales contract is concluded with horzdrive - The Trailer Upgrade.

 

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

 

 

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

 

The language(s) available for the conclusion of the contract: German

 

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

 

 

4. TERMS OF DELIVERY

 

Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.

 

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

 

 

5. PAYMENT

 

The following payment methods are generally available in our shop:

 

Payment in advance

If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

 

PayPal

In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

 

WixPayments

Credit card

 

 

6. RIGHT OF WITHDRAWAL

 

You are entitled to the statutory right of cancellation as described in the cancellation policy.

 

 

7. DAMAGE IN TRANSIT

 

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

 

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

 

 

8. WARRANTY AND GUARANTEES

 

 

8.1 LIABILITY FOR DEFECTS

 

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

 

The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

 

 * in the event of injury to life, limb or health

 * in the event of intentional or grossly negligent breach of duty and fraudulent intent

 * in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

 * under a guarantee promise, if agreed, or

 * as far as the scope of the Product Liability Act is open.

 

Restrictions on Entrepreneurs

 

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

 

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

 

regulations for merchants

 

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

 

 

8.2 WARRANTIES AND CUSTOMER SERVICE

 

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

 

9. LIABILITY

 

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

 

 * in the event of injury to life, limb or health,

 * in the event of intentional or grossly negligent breach of duty,

 * for guarantee promises, if agreed, or

 * as far as the scope of the Product Liability Act is open.

 

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.

For the rest, claims for damages are excluded.

 

 

10. DISPUTE RESOLUTION

 

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

 

 

11. FINAL PROVISIONS

 

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

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