Terms and conditions

Terms and Conditions (for B to C) § 1 General The following terms and conditions apply as the exclusive basis for ordering and delivery of goods, the customer orders in the online shop. § 2 Offer and Conclusion The presentation of products in our online shop is not a legally binding offer, but a non-catalog. After entering your personal data and click the button "Order Payment Paid" in the final step of the ordering process enter a binding order in the shopping cart. The confirmation of the order follows immediately after placing the order. The purchase comes with our delivery confirmation or delivery of goods. If you do not receive delivery confirmation or delivery from us within 2 weeks, you are no longer bound to your order. § 3 Right Conditions right of withdrawal You have the right to cancel within fourteen days without giving a reason this contract. The revocation period is fourteen days from the date on which you have taken, or a representative of you third party who is not the carrier, possession of the goods or has. In a single order of the consumer on multiple items that are shipped separately, the withdrawal period shall run from the date of receipt of the last partial delivery. To exercise your right of cancellation, you must contact us (J. Int'l XIA - Germanxia eMobility, Max-Planck-Str 17, 50858 Cologne, Germany, Tel: 0221-204204 74; Fax: 0221-17092886; service @ germanxia.. com) by means of a clear statement (eg. for example, inform a consigned by post mail, fax or email) of your decision to withdraw from this contract. You may use the attached withdrawal form, but it is not compulsory. You can fill out and submit the withdrawal form or any other unequivocal statement on our website [www.germanxia.de] electronically. Take advantage of this opportunity, we will provide you with immediately (z. B. by e-mail) a confirmation of the receipt of such withdrawal. To meet the cancellation deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline. For products that fall under the exceptions of § 312e Abs. 2 BGB, the right of withdrawal is excluded. These include goods that are not prefabricated and the production of which an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer. Effects of withdrawal If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (except for the additional costs arising from the fact that you chose a different method of delivery than that offered by us, cheapest Standard have), and repay immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this agreement with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will be charged fees for such repayment. We may refuse reimbursement until we have received the goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have the goods promptly and in any event not later than fourteen days from the date on which you notify us of any cancellation of this contract to us (J. Int'l XIA - Germanxia eMobility, Max-Planck-Str 17, 50858. Cologne, Germany, Fax: 0221-17092886) or send back to pass. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct cost of returning the goods. Compensation: You should only handle goods during the withdrawal period, as they would do in a shop. You are one of us according to Article 246a § 1 II 1, no. 1 BGB informed of your right. You only need to pay for any diminished value of the goods, if the loss in value is due to a deal with the goods, was not required to test, quality, characteristics and functions of the goods. End of revocation § 4 Liability for defects and warranty (1) For defects in our products the purchaser is entitled to statutory rights. (2) Claims for damages by the buyer due to obvious defects are excluded if the defect does not show us after delivery within a period of two weeks. (3) Our liability for damages, regardless of the legal grounds (especially in case of default, defects or other breaches of duty) is limited to the typical, foreseeable damage. (4) The above limitations do not apply to our liability for willful misconduct or gross negligence, for guaranteed characteristics, injury to life, body or health or under the Product Liability Act. (5) we grant from the statutory warranty rights addition to the fracture resistance of the frame and fork for a period of five years from the date of delivery of e-folding wheel. The correction of defects under warranty made at our discretion by repair or replacement. By the correction of deficiencies, the warranty period does not begin to run anew and is not extended. (6) Excluded from the warranty does not cover damage caused by normal wear and tear, improper use and a lack of or improper maintenance: xGerman master online shop is not liable for damage to property, especially vehicles and parts of any kind caused by proper or improper use of the goods or their use in vehicles and machines of any kind. The customer is solely responsible regarding the installation and use of the goods in vehicles and machines. The installation of the products sold by xGerman-master products must be professionally, best done by a specialist workshop. xGerman-master would like to emphasize that the installation and assembly of the purchased items invalidate the general operating license (ABE) or admission for the converted vehicle may result. It is the sole responsibility of the customer to seek necessary immediately to a type approval, authorization or verification. Without ABE or approval by derStVZO vehicle must not be recycled and used yom. No warranty or liability is accepted for any damage resulting from the misuse or improper use, faulty commissioning or installation, normal wear, negligent or improper use, failure to follow the maintenance and operation instructions, unauthorized repair work or modifications made by the customer or a third party. The customer audit requirement Despite all the care that can exercise the customers in the processing of orders and the Auslieferungan xGerman-master, there may be cases incorrect deliveries. Before installing a purchased item or adapting or redesigning the customer has purchased goods therefore - if possible - to compare to view the original, which is to be replaced by the new thing. In some areas, it may be necessary for the part to be replaced first dismount in order to check whether the existing wells fit; also be examined in body parts, whether they fit without a frequently required adjustment. If no original to be replaced, the buyer must carry out a visual check as to whether the goods for the intended use fits. If the delivered goods visible differs in size, in the shape or material of the original or will not fit derKunde has to further clarify to contact xGerman-master, before making the installation or adjustment or alteration of the purchased item. The warranty claims of the customer are not affected by the above provisions. § 5 shipping damage If goods are delivered with obvious shipping damage, please complain such errors immediately to the deliverer, and please do not hesitate to contact us as soon as possible. The failure of a complaint or contacting any consequences for your statutory warranty rights. But they help us to make our own claims against the carrier or the transport insurance. § 6 Prices and shipping costs All prices are quoted in Euro and include VAT in force at the conclusion of the contract amount. In addition to the prices we charge for delivery, the shipping costs will be communicated clearly on the product pages. § 7 Delivery Delivery with DPD or other partners. Goods will be shipped immediately on the same day of receipt of payment. On any different delivery times, we point to the product page. § 8 Payment The payment made in advance. We will give you our bank details in the order and deliver the goods after payment. A right of set off is available only if your claims are legally established in court or are undisputed or acknowledged in writing by us. You can create a lien only if the claims from the same contractual relationship. § 9 Retention of Title All goods remain our property until full payments. § 10 Final Provisions If any provision of these Terms is invalid, then the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions. German law applies. Errors, printing / writing errors, price changes and delivery reserved. General Terms and Conditions (for B to B) § 1. General 1. The following conditions of sale and delivery shall be deemed accepted by placing an order by the Customer. They are valid for the current and future business relationship, even with telephone orders. Different provisions must be confirmed in writing. Unless special is determined, the statutory provisions apply. Countersigned by the buyer with reference to his own terms and conditions are hereby rejected. 2. In principle, claims for damages are limited to gross negligence and willful misconduct. § 2. Offer Offers and prices are subject to sale of goods to other reserved. All prices are in EURO without VAT ex Seller's warehouse (for deliveries abroad EXW (ex works) excluding shipping and insurance costs and including normal packaging. The calculation is performed in each case to the prices valid on the day of delivery. Texts and illustrations in catalogs are only approximate and modifications in design, as well as errors including printing errors remain expressly reserved for us. the risk of transmission errors in the tender award or placing an order on the buyer. we reserve the right to supply products which have the same possible use, provided the product ordered is is not available from stock. § 3. Terms of delivery Delivery dates are not binding, partial deliveries are permitted. A commitment to delivery of ordered goods exists for us only in so far as there are no obstacles in the procurement of goods from our suppliers. In case of malfunction, strike, force majeure, transport difficulties, etc., we are entitled to cancel our delivery obligations in whole or in part. Claims for damages or loss of profits are always excluded. § 4. Shipping The shipping is done at the expense and risk of the recipient and the absence of specific provision at our discretion without liability for the fastest and cheapest way. When shipping by our proprietary vehicles are distributed proportionately to the purchaser transportation costs per delivery bill. In addition bicycles come per bike insurance and transport costs award in recognition. When shipped by other carrier actually incurred shipping costs will be calculated. The receipt of the goods to confirm each bearer to open defects must be reported without delay. Packages without shipping label are not working properly. § 5. Prices - Payment - Lending 1. The calculated prices are in EURO without VAT ex warehouse including normal packaging. In line shop prices are ex works, excluding packing. The correction of arithmetical errors allowed us. 2. For invoice amounts below 50 EURO, we reserve the right to charge a handling fee of 5 Euro for small orders. Invoices, unless otherwise expressly agreed net / net prices, are payable within 30 days of the invoice date net cash, unless insisted on cash. Invoice amounts under 50 Euro net are generally payable immediately net cash. Different payment conditions require express written confirmation to job acceptance. Cheques and drafts are only as payment is taken in the latter only on special agreement. Discount charges are always paid by the buyer. The withholding of payments or set-off by the buyer with counterclaims is not permitted, unless they are acknowledged in writing or judicially confirmed. Payments to employees, drivers or travel agents only have a discharge of the debt, if they can provide a valid collect. 3. Payment shall not be deemed made on the day on which the seller may have loss of the invoice amount. For overdue 8% Without prejudice against further damage, in each case calculated on the base rate. We reserve the right to withhold subsequent deliveries in the case of existing payment default. If Purchaser is in default of payments or bankruptcy of our total debt including amounts might change still ongoing due immediately. The buyer is located on exceeding the set for payment in arrears. In default of payment, he is obliged for all our demands adequate security, in particular by encumbrance on real property, demand assignment or transfer or pledge of goods to make. At the same time all special agreements (including special discounts) shall be deemed null and void. A lien of the customer is excluded. Granting and withdrawal of a loan at all times remain reserved to us. An unknown customer delivery is only against advance payment or COD. For reminders 6 EURO will be charged per dunning level. § 6. Right of the seller for Cash 1. If we receive after the contract information, which can not appear as completely harmless the granting of the order amount corresponding loan or allow doubt in this respect, we are entitled to demand payment in cash, regardless of previous agreements. 2. doubts as to the creditworthiness of the buyer are, in particular in the case of non-payment of bills despite a reminder, the significant deterioration in financial circumstances, the liquidation or transfer, pledge or transfer of inventories and receivables to other creditors and foreclosures. § 7. Retention of credit protection 1. The seller retains title to all goods supplied by him prior to the payment of all his debts. This applies even if the purchase price is paid for certain designated by the buyer deliveries. For current accounts, the retained goods as security for the balance due from the seller. Until all the seller to the purchaser is entitled under pledge or security transfer of ownership of the goods delivered is prohibited. Until then, also pledge or assignment of receivables, particularly to financial institutions, without the express consent of the seller inadmissible. 2. The buyer must notify the seller show access of third persons to the goods delivered under reservation immediately by sending an attachment protocol and an affidavit as to the identity of the impounded object with the delivered goods. The buyer may sell the goods and the costs resulting from handling or management matters only in the ordinary course of business. If the buyer sells items of the seller, as long as there is still a retention of title of the seller, his hand to target further, he may the goods to the third party purchaser does not transfer ownership before payment of all its obligations to the seller. 3. The buyer is obliged to respect the rights of the seller to the third party purchaser in any way necessary. The buyer hereby now, until full settlement of all claims of the seller from goods delivered to him from the sale or any other legal basis in terms of the goods supplied by the Seller are entitled to against his customer demands as they arise in full effect in rem with all ancillary rights in advance by way of security to the seller. If the buyer is a part of its obligations to the Seller is in default, he shall notify the third party debtor of the assignment having to ask them to make payments only to the seller, to refrain from any recovery action and the seller, a list of to enter goods sold, still one insists on, or claims arising. 4. If the value of the seller fuses given its delivery claims by more than 20%, the seller is obligated at the buyer's request for retransmission. On the revenue that is stored separately, the seller acquires ownership. The seller may require the buyer otherwise at any time the announcement of its customers and the amount of the claim and stating the legal ground require, referred to by the agreed assignment. The seller may continue to demand that the buyer of the assignment of the claim is known to his customers. The buyer must also allow inspection of its books and accounts for this purpose the seller. The seller has the authority to collect the assigned receivables. The buyer is authorized to collect these receivables as long for the seller, as he that duly meets its payment obligations. 5. The seller is entitled to request a delay in payment or payment difficulties, the immediate return of the not yet resold goods, irrespective of the right to cancel the contract and damages for non-performance. Until then, the buyer has to store the goods owned by the seller for this apart from other goods, to be marked as property of the seller, to refrain from any disposition of property and the seller to pass a list of his property. 6. The buyer is obliged to insure the goods against fire and theft and to provide the vendor at the request of the insurance policy. All claims against the insurer under this contract in respect of goods delivered under retention of title shall be deemed assigned to the seller. § 8. Warranty 1. The warranty period is 1 year, starting from the delivery of the goods. Any complaints must be made immediately after delivery to us in writing. 2. In the case of company recourse -in the context of the legal Bestimmungen- is for the processing of claims, the copy of your sales receipt from the sale, as well as in bicycles the original transfer protocol (between buyers and end users) from the resale shall be provided. For installation of parts or components, the skill, care and skill of a mechanic is required. Generally, all shipping and packaging including removal and installation costs at the expense of the buyer. 3. Claims for damages or loss of profits are always excluded. For valid claims it is up to us to either provide free replacement, or refund the value in goods or a partial value. If the buyer changes or repairs to defective goods without authorization before, we are exempt from any warranty obligation. § 9. Returns 1. The buyer has the reasons for returning the goods to the seller in detail and given in writing. The return of goods sold is excluded. In some cases it may be agreed upon prior written agreement for the withdrawal of goods, is a prerequisite for the acceptance of returns that the original packaging is complete and undamaged. The delivery of returned goods at the expense and risk of the buyer. 2. For returns we reserve the calculation of processing fees to a minimum of 10% of the price charged. If the invoice date for the returned goods back more than two months, the currently valid prices will be credited less 25%. On special request procured goods are generally excluded from redemptions. 3. The return of the goods by the Seller shall be excluded if a) the supply of goods is effected at the buyer already two months before the return. The period begins with the date of the invoice; b) were not accompanied by a copy of the invoice or delivery of returning the goods; c) it is sale goods; d) the original packaging is no longer located in pristine condition. § 10. Jurisdiction Regardless of nationality and domicile of the buyer comes for any disputes in any event exclusively federal German law applies. If the preconditions for a jurisdiction agreement §38 of the Code of Civil Procedure, the court of jurisdiction for all claims of the Parties for bills and checks Cologne. § 11. Final Provisions The ineffectiveness of individual conditions shall not affect the validity of the other. This statement supersedes all previous sales and delivery valid. Cologne, as of January 2015 Jiangang XIA Int'l - Germanxia eMobilität