Terms and Conditions
Table of Contents of the Terms and Conditions
§ 1 Scope of Application
§ 2 Identity of the Contracting Party
§ 3 Ordering and Conclusion of Contract
§ 4 Storage of the Contract Text
§ 5 Delivery Area and Customer Base
§ 6 Prices and Limited Offers
§ 7 Payment
§ 8 Delivery Times
§ 9 Cost Regulation for the Right of Withdrawal for Consumer Orders
§ 10 Right of Withdrawal Notice
§ 11 Reservations
§ 12 Warranty
§ 13 Liability
§ 14 Jurisdiction
§ 15 Address/Impressum
§ 1 Scope of Application
These General Terms and Conditions (AGB) apply to all deliveries from Wiechers GmbH. (hereinafter: Wiechers Sport Shop) to consumers (§ 13 BGB).
§ 2 Identity of the Contracting Party
Your contracting partner for all orders is Wiechers GmbH, Südring 4, 31582 Nienburg, Amtsgericht Walsrode, HRB 30272. You can reach our customer service for questions, complaints, and objections from Monday to Thursday from 08:00 to 16:00 and Friday from 08:00 to 13:00 at the telephone number +49 (0) 5021-601360, as well as via email at service@wiechers-sport.de.
§ 3 Ordering and Conclusion of Contract
You order in our shop by:
Adding items to the shopping cart,
Entering your delivery and payment details,
Checking your entries (especially billing and delivery address, payment method).
There you can also correct your entries by changing the data.
By clicking on "Buy," your order is completed.
After sending, you will receive an email confirming the receipt of your order with us and listing its details (receipt confirmation). The purchase contract is not yet concluded. It is only confirmed that we have received your order. At the latest until the delivery of the goods, you will receive all customer information from us, which you should print out for your records.
The presentation of the products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. By clicking the "Buy" button, you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.
§ 4 Storage of the Contract Text
Your order will be stored by us. If you lose the data of your orders, please contact us by email/fax/phone. We will be happy to send you a copy of the data of your order. The contract language is German.
§ 5 Delivery Area and Customer Base
Orders and deliveries are generally only possible within the EU. (If you wish a delivery to countries not listed, we will gladly try to assist you. For this purpose, please call our service hotline telephone 05021/601360 (at the currently valid telephone rate): Monday-Thursday 08:00-16:00, Friday 08:00-13:00.)
§ 6 Prices and Limited Offers
All price information is end consumer prices, including statutory value-added tax and excluding shipping costs. The price at the time of the order applies.
Please note that offers in our online shop may be time-limited. Details can be found in the respective product description. Despite careful stock management, it may happen that a promotional item is sold out faster than intended. Therefore, we do not guarantee delivery. It applies: only while stocks last.
For deliveries to non-EU countries, additional duties, taxes, and fees apply. Further information on customs duties can be found, for example, at http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=DE and on import turnover tax at http://auskunft.eztonline.de/ezto/Welcome.do and specifically for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.
Value added tax on deliveries abroad.
Deliveries within the EU: We calculate the value-added tax at the domestic rate (currently 19%, books 7%). This domestic value-added tax is already included in the shop prices. No further value-added tax is levied in the destination country.
§ 7 Payment
We offer you the following options:
Cash on delivery:
In addition to the shipping costs, there is a cash on delivery fee of at least 6.50 euros. It is invoiced by the logistics service provider. You pay the cash on delivery fee directly to the courier who delivers the goods.
by prepayment:
You can also pay by prepayment within Germany. Payments outside Germany are only possible by prepayment. If you wish to pay by prepayment, our bank details will be displayed during the ordering process.
via PayPal:
If you choose PayPal as your payment method, you will be directed to the encrypted PayPal page, where you can register or log in with your login data. We receive confirmation of your payment from PayPal after its completion and redirection to our shop. A payment that is not possible is accordingly marked and remains open.
§ 8 Delivery Times
Unless otherwise agreed or stated differently on the article, we deliver within 5 days after receipt of your order. For prepayment, delivery is made upon receipt of the invoice amount. Most of the items listed in this webshop are in stock and available immediately. However, since we do not offer mass-produced goods, delivery bottlenecks may occur, especially before the start of the motorsport season (by our upstream suppliers). Delivery delays are then inevitable. If a delay occurs, we will inform you immediately. Together we will find the best solution for you. Your statutory rights remain unaffected.
§ 9 Cost Regulation for the Right of Withdrawal for Consumer Orders
If you exercise your right of withdrawal, you must bear the regular costs of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of withdrawal. Otherwise, the return is free of charge for you.
§ 10 Revocation Instruction
Beginning of the Revocation Instruction
Right of Revocation
You have the right to revoke your contractual declaration within 14 days without giving reasons in written form (e.g., letter, fax, email) or - if the item is delivered to you before the deadline - by returning the item. The revocation period begins upon receipt of this instruction in written form, but not before the goods have been received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period, it is sufficient to send the revocation or the item in a timely manner.
The revocation is to be addressed to:
Wiechers GmbH
Service Department
Südring 4
D-31582 Nienburg
Consequences of Revocation
In the event of an effective revocation, the mutually received services are to be returned and any benefits derived (e.g., interest) are to be surrendered. If you cannot return the received service and benefits (e.g., benefits of use) in whole or in part or only in a deteriorated condition, you must compensate us accordingly. For the deterioration of the item and for derived benefits, you must only compensate us to the extent that the use or the deterioration is due to handling the item in a manner that goes beyond testing the properties and functionality. "Testing the properties and functionality" refers to testing and trying out the respective item as is possible and customary in a retail store. Items that can be shipped by parcel are to be returned at our risk. You must bear the regular costs of returning the goods if the delivered goods correspond to those ordered. Otherwise, the return shipment is free of charge for you. Non-parcel items will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the item, and for us with its receipt.
A right of revocation under the above conditions according to § 312d BGB does not exist for distance contracts:
• for the delivery of goods that are manufactured according to customer specifications (e.g., clothing, vehicle-specific articles)
• which are clearly tailored to personal needs (e.g., clothing, vehicle-specific articles)
• which, due to their nature, are not suitable for return (e.g., roll bars, roll cages, cells)
• and in all other cases provided for by law
End of the Revocation Instruction
§ 11 Reservations
With many of the products offered in this online shop, we address specialists. The products usually do not include installation instructions. To exclude abusive and incorrect use, the products may only be installed by professionals or in specialized workshops. Also, due to unavoidable errors and unclear assignments, the parts allocation and the fundamental and also specific suitability for the respective vehicle and intended purpose must be determined beyond doubt by a specialist before each installation. If the determination is not made beyond doubt, the respective part may not be installed. Only the ABE (general operating permit) or the TÜV certificate belonging to the respective product and any conditions contained therein are decisive for approvals for operation on public roads. However, most of the products listed in this shop are manufactured and offered for use in motorsports and therefore - unless otherwise stated - do not have approval for use on public roads.
§ 12 Warranty
The statutory provisions apply. Your warranty claims expire within 2 years of delivery of the goods. A prerequisite for warranty claims is that the defect has not arisen due to improper use and handling or overuse.
In addition to the statutory regulations, the following conditions apply: If the product delivered by us is defective, you can initially demand rectification of the defect or delivery of a defect-free product (subsequent performance). We may refuse the type of subsequent performance chosen by you if it is only possible with disproportionate costs. In particular, the value of the product in a defect-free condition, the significance of the defect, and the question of whether the less expensive type of subsequent performance can be used without significant disadvantages for you, e.g., in cases where there is a difference in costs of 10% or more, must be taken into account. In this case, your claim is limited to the other type of subsequent performance. We may also refuse this due to disproportionate costs, e.g., if it exceeds the purchase price or the value of the defect-free product. If we provide a defect-free product for the purpose of subsequent performance, you must return the defective product and provide compensation for the benefits obtained up to that point. This compensation is taken into account in the price when delivering the defect-free product. The value of the benefit is determined based on the proportionate linear depreciation compared to the actual period of use and the expected total period of use. If subsequent performance fails or if we have refused both types of subsequent performance, you may withdraw from the contract or reduce the purchase price. If you decide to withdraw from the contract, you will receive a refund of the purchase price upon return, offsetting the value of the benefits obtained up to that point from the defective product.
We would like to point out the following in particular: Many of our motorsport parts are designed for high performance and extreme loads with a short service life depending on the intended use. These parts can therefore be "consumed" after a short period of time without there being a material defect.
If delivered items have obvious material or manufacturing defects or transport damage, please report such defects immediately to us or to the carrier delivering the items. There is no obligation for the customer to do so and it is not a prerequisite for asserting your claims. However, otherwise, we cannot assert claims against the carrier. Compliance with the above regulation does not affect your statutory rights if you have ordered for private purposes as a consumer.
§ 13 Limitation of Liability
The seller excludes liability for slight negligence in the performance of obligations, unless damages arise from the violation of life, body, or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability remains unaffected for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. The same applies to breaches of duty by its vicarious agents.
§ 14 Jurisdiction
Place of performance and jurisdiction for both contracting parties is - if the customer operates a commercial business or is classified as a merchant under the HGB for other legal reasons - the domicile of our company, including in cases of bills of exchange and checks.
In dealings with consumers within the European Community, the law of the consumer's domicile may also be applicable, provided it is mandatory consumer protection legislation. If a private consumer has no domicile within the European Community, our place of business shall be the jurisdiction.
§ 15 Address/Imprint
Wiechers GmbH
Südring 4
D-31582 Nienburg/Weser
Phone: +49 (0) 5021 60 13 60
Fax: +49 (0) 5021 1 24 81
Email: service@wiechers-sport.de
Website: www.wiechers-sport.de
Managing Director: Dipl. Ing. Wolfgang Kruse
Local Court Walsrode, HRB No. 30272
VAT ID No. DE 151944528
Chamber of Commerce and Regulatory Authority:
IHK Hannover
Person responsible for content according to § 6 MDStV:
Dipl. Ing. Wolfgang Kruse
Disclaimer:
Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
§ 1 Scope of Application
§ 2 Identity of the Contracting Party
§ 3 Ordering and Conclusion of Contract
§ 4 Storage of the Contract Text
§ 5 Delivery Area and Customer Base
§ 6 Prices and Limited Offers
§ 7 Payment
§ 8 Delivery Times
§ 9 Cost Regulation for the Right of Withdrawal for Consumer Orders
§ 10 Right of Withdrawal Notice
§ 11 Reservations
§ 12 Warranty
§ 13 Liability
§ 14 Jurisdiction
§ 15 Address/Impressum
§ 1 Scope of Application
These General Terms and Conditions (AGB) apply to all deliveries from Wiechers GmbH. (hereinafter: Wiechers Sport Shop) to consumers (§ 13 BGB).
§ 2 Identity of the Contracting Party
Your contracting partner for all orders is Wiechers GmbH, Südring 4, 31582 Nienburg, Amtsgericht Walsrode, HRB 30272. You can reach our customer service for questions, complaints, and objections from Monday to Thursday from 08:00 to 16:00 and Friday from 08:00 to 13:00 at the telephone number +49 (0) 5021-601360, as well as via email at service@wiechers-sport.de.
§ 3 Ordering and Conclusion of Contract
You order in our shop by:
Adding items to the shopping cart,
Entering your delivery and payment details,
Checking your entries (especially billing and delivery address, payment method).
There you can also correct your entries by changing the data.
By clicking on "Buy," your order is completed.
After sending, you will receive an email confirming the receipt of your order with us and listing its details (receipt confirmation). The purchase contract is not yet concluded. It is only confirmed that we have received your order. At the latest until the delivery of the goods, you will receive all customer information from us, which you should print out for your records.
The presentation of the products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. By clicking the "Buy" button, you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.
§ 4 Storage of the Contract Text
Your order will be stored by us. If you lose the data of your orders, please contact us by email/fax/phone. We will be happy to send you a copy of the data of your order. The contract language is German.
§ 5 Delivery Area and Customer Base
Orders and deliveries are generally only possible within the EU. (If you wish a delivery to countries not listed, we will gladly try to assist you. For this purpose, please call our service hotline telephone 05021/601360 (at the currently valid telephone rate): Monday-Thursday 08:00-16:00, Friday 08:00-13:00.)
§ 6 Prices and Limited Offers
All price information is end consumer prices, including statutory value-added tax and excluding shipping costs. The price at the time of the order applies.
Please note that offers in our online shop may be time-limited. Details can be found in the respective product description. Despite careful stock management, it may happen that a promotional item is sold out faster than intended. Therefore, we do not guarantee delivery. It applies: only while stocks last.
For deliveries to non-EU countries, additional duties, taxes, and fees apply. Further information on customs duties can be found, for example, at http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=DE and on import turnover tax at http://auskunft.eztonline.de/ezto/Welcome.do and specifically for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.
Value added tax on deliveries abroad.
Deliveries within the EU: We calculate the value-added tax at the domestic rate (currently 19%, books 7%). This domestic value-added tax is already included in the shop prices. No further value-added tax is levied in the destination country.
§ 7 Payment
We offer you the following options:
Cash on delivery:
In addition to the shipping costs, there is a cash on delivery fee of at least 6.50 euros. It is invoiced by the logistics service provider. You pay the cash on delivery fee directly to the courier who delivers the goods.
by prepayment:
You can also pay by prepayment within Germany. Payments outside Germany are only possible by prepayment. If you wish to pay by prepayment, our bank details will be displayed during the ordering process.
via PayPal:
If you choose PayPal as your payment method, you will be directed to the encrypted PayPal page, where you can register or log in with your login data. We receive confirmation of your payment from PayPal after its completion and redirection to our shop. A payment that is not possible is accordingly marked and remains open.
§ 8 Delivery Times
Unless otherwise agreed or stated differently on the article, we deliver within 5 days after receipt of your order. For prepayment, delivery is made upon receipt of the invoice amount. Most of the items listed in this webshop are in stock and available immediately. However, since we do not offer mass-produced goods, delivery bottlenecks may occur, especially before the start of the motorsport season (by our upstream suppliers). Delivery delays are then inevitable. If a delay occurs, we will inform you immediately. Together we will find the best solution for you. Your statutory rights remain unaffected.
§ 9 Cost Regulation for the Right of Withdrawal for Consumer Orders
If you exercise your right of withdrawal, you must bear the regular costs of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of withdrawal. Otherwise, the return is free of charge for you.
§ 10 Revocation Instruction
Beginning of the Revocation Instruction
Right of Revocation
You have the right to revoke your contractual declaration within 14 days without giving reasons in written form (e.g., letter, fax, email) or - if the item is delivered to you before the deadline - by returning the item. The revocation period begins upon receipt of this instruction in written form, but not before the goods have been received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period, it is sufficient to send the revocation or the item in a timely manner.
The revocation is to be addressed to:
Wiechers GmbH
Service Department
Südring 4
D-31582 Nienburg
Consequences of Revocation
In the event of an effective revocation, the mutually received services are to be returned and any benefits derived (e.g., interest) are to be surrendered. If you cannot return the received service and benefits (e.g., benefits of use) in whole or in part or only in a deteriorated condition, you must compensate us accordingly. For the deterioration of the item and for derived benefits, you must only compensate us to the extent that the use or the deterioration is due to handling the item in a manner that goes beyond testing the properties and functionality. "Testing the properties and functionality" refers to testing and trying out the respective item as is possible and customary in a retail store. Items that can be shipped by parcel are to be returned at our risk. You must bear the regular costs of returning the goods if the delivered goods correspond to those ordered. Otherwise, the return shipment is free of charge for you. Non-parcel items will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the item, and for us with its receipt.
A right of revocation under the above conditions according to § 312d BGB does not exist for distance contracts:
• for the delivery of goods that are manufactured according to customer specifications (e.g., clothing, vehicle-specific articles)
• which are clearly tailored to personal needs (e.g., clothing, vehicle-specific articles)
• which, due to their nature, are not suitable for return (e.g., roll bars, roll cages, cells)
• and in all other cases provided for by law
End of the Revocation Instruction
§ 11 Reservations
With many of the products offered in this online shop, we address specialists. The products usually do not include installation instructions. To exclude abusive and incorrect use, the products may only be installed by professionals or in specialized workshops. Also, due to unavoidable errors and unclear assignments, the parts allocation and the fundamental and also specific suitability for the respective vehicle and intended purpose must be determined beyond doubt by a specialist before each installation. If the determination is not made beyond doubt, the respective part may not be installed. Only the ABE (general operating permit) or the TÜV certificate belonging to the respective product and any conditions contained therein are decisive for approvals for operation on public roads. However, most of the products listed in this shop are manufactured and offered for use in motorsports and therefore - unless otherwise stated - do not have approval for use on public roads.
§ 12 Warranty
The statutory provisions apply. Your warranty claims expire within 2 years of delivery of the goods. A prerequisite for warranty claims is that the defect has not arisen due to improper use and handling or overuse.
In addition to the statutory regulations, the following conditions apply: If the product delivered by us is defective, you can initially demand rectification of the defect or delivery of a defect-free product (subsequent performance). We may refuse the type of subsequent performance chosen by you if it is only possible with disproportionate costs. In particular, the value of the product in a defect-free condition, the significance of the defect, and the question of whether the less expensive type of subsequent performance can be used without significant disadvantages for you, e.g., in cases where there is a difference in costs of 10% or more, must be taken into account. In this case, your claim is limited to the other type of subsequent performance. We may also refuse this due to disproportionate costs, e.g., if it exceeds the purchase price or the value of the defect-free product. If we provide a defect-free product for the purpose of subsequent performance, you must return the defective product and provide compensation for the benefits obtained up to that point. This compensation is taken into account in the price when delivering the defect-free product. The value of the benefit is determined based on the proportionate linear depreciation compared to the actual period of use and the expected total period of use. If subsequent performance fails or if we have refused both types of subsequent performance, you may withdraw from the contract or reduce the purchase price. If you decide to withdraw from the contract, you will receive a refund of the purchase price upon return, offsetting the value of the benefits obtained up to that point from the defective product.
We would like to point out the following in particular: Many of our motorsport parts are designed for high performance and extreme loads with a short service life depending on the intended use. These parts can therefore be "consumed" after a short period of time without there being a material defect.
If delivered items have obvious material or manufacturing defects or transport damage, please report such defects immediately to us or to the carrier delivering the items. There is no obligation for the customer to do so and it is not a prerequisite for asserting your claims. However, otherwise, we cannot assert claims against the carrier. Compliance with the above regulation does not affect your statutory rights if you have ordered for private purposes as a consumer.
§ 13 Limitation of Liability
The seller excludes liability for slight negligence in the performance of obligations, unless damages arise from the violation of life, body, or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability remains unaffected for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. The same applies to breaches of duty by its vicarious agents.
§ 14 Jurisdiction
Place of performance and jurisdiction for both contracting parties is - if the customer operates a commercial business or is classified as a merchant under the HGB for other legal reasons - the domicile of our company, including in cases of bills of exchange and checks.
In dealings with consumers within the European Community, the law of the consumer's domicile may also be applicable, provided it is mandatory consumer protection legislation. If a private consumer has no domicile within the European Community, our place of business shall be the jurisdiction.
§ 15 Address/Imprint
Wiechers GmbH
Südring 4
D-31582 Nienburg/Weser
Phone: +49 (0) 5021 60 13 60
Fax: +49 (0) 5021 1 24 81
Email: service@wiechers-sport.de
Website: www.wiechers-sport.de
Managing Director: Dipl. Ing. Wolfgang Kruse
Local Court Walsrode, HRB No. 30272
VAT ID No. DE 151944528
Chamber of Commerce and Regulatory Authority:
IHK Hannover
Person responsible for content according to § 6 MDStV:
Dipl. Ing. Wolfgang Kruse
Disclaimer:
Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
