Terms and Conditions of ap Sportfahrwerke GmbH


§1 Validity and Definition of Terms

  1. The following terms and conditions apply to all business relations between us and the customers, in the valid version of when the order was placed.
  2. "Consumer" within the meaning of these terms and conditions is any natural person who interacts with us in business relationship for a purpose that is neither attributed to commercial nor its self-employment professional activity (§ 13 BGB = Bürgerliches Gesetzbuch = civil code).
  3. "Contractor" within the meaning of these terms and conditions are natural or legal person or partnerships with legal personality, which interact with us in business relationships and act in their commercial or self-employment activity (§ 14 BGB = Bürgerliches Gesetzbuch = civil code). Unless contractors do not act in their commercial or self-employment activity, they will also benefit from the consumers rights. They are considered as consumer within the meaning of these terms and conditions.
  4. "Customers" within the meaning of these terms and conditions are both, consumers and contractor.
  5. Differing, conflicting or additional terms and conditions of contractor, even in knowledge, will not be part of the contract, unless their validity is expressly agreed in writing.

§2 Creation of a contract, saving the contract text

  1. The following regulations about the contract conclusion applies to orders in our online shop [ap-sportfahrwerke.de].
  2. In case of conclusion, the contract is made with ap Sportfahrwerke GmbH which is legally represented by the managing director Thomas Schuster
    Kochstrasse 17a
    D-74405 Gaildorf
    Germany
    Registration number: HRB 571685
    Registergericht:Amtsgericht Stuttgart
  3. The display of goods in our online shop (not eBay) does not represent an legally binding contract offer from our side, but a non binding request to the customer to order the goods. With the customer´s order of the required goods, he gives his binding offer for a contract conclusion.
  4. For the receipt of an order in our online shop (not eBay) the following regulations apply:
    The customer gives his binding contract offer by a successful running of the ordering procedure in our online shop.

    The order occurs in the following steps:

    1. Selection of the required product
    2. Confirm by clicking the button "Order" (symbol shopping cart)
    3. Checking the information in your shopping cart
    4. Clicking the button "Checkout"
    5. Enter the applicant information (address, phone number and e-mail address).
    6. Notice of the revocation explanation..
    7. Sending the binding order.
      Before the customer has to send the binding order, after checking his details, he is able to use the "back" button to get back to the website where the information of the customer was collected, to correct mistakes, or cancel the order process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-Mail. This does not yet constitute the acceptance of the offer. The acceptance of the offer will follow written, in text form or by sending the ordered goods.
    8. At orders via our online shop (not eBay), we are entitled to accept the customer´s contract offer written or in text form or by sending the ordered goods within one week. After an ineffective expiration of the deadline mentioned in clause 1, the offer is rejected.
    9. Saving of the contract text at orders via our internet shop (not eBay): We save the contract text and send you the order details and our terms and conditions by e-Mail. The terms and conditions you can also view any time at http://www.ap-sportfahrwerke.de/agb.php. For security reasons, your order details are no longer accessible thru the Internet.

§3 Prices, shipping costs, payment, maturity

  1. The mentioned prices include VAT and other price components. Shipping costs and possibly costs for cash on delivery will be added.
  2. The customer has the option of paying in advance (credit transfer) or by cash on delivery. Payment by cash on delivery is possible only for shipping within the Federal Republic of Germany. To secure the credit risk we reserve the right, according to the respective credit rating, to accept and perform the requested order only against cash in advance.
  3. If the customer has chosen to pay in advance, he agrees to pay the purchase price immediately after the contract conclusion. As far as we deliver by cash on delivery, the purchase price is due right after receipt of the goods.
  4. The contractor shall pay interest during the delay, with a rate of 8% above the base rate. Against the contractor we reserve the right to prove a higher loss of interest and to enforce this one.
  5. The contractor has a right to compensation only if his counterclaims are undisputed or legally binding.

§4 Delivery, Transfer of Risk

  1. If we have not clearly stated in the product description differently, all of our offered products are available right away.
  2. If the customer has chosen to pay in advance, we will not send out the goods before receiving the full payment.
  3. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods also in mail order purchases will be passed over to the buyer when he got the goods handed over.
  4. If the buyer is a contractor, the general risk and the risk of shipment will be passed over, as soon as the goods were handed over by us to the contracted logistics partner.
  5. If the customer is a contractor, we reserve the right for the case that we have a delay in delivery for a reasons that we are not responsible for, to determine a new reasonable delivery time. If the ordered goods are still not available within this new delivery time, we have the right to resign from the contract. We will immediately reimburse a already provided consideration .

§5 Retention of title

  1. .If the customer is a consumer, we keep the right of ownership of the goods until full payment of the purchase price.
  2. If the customer is a contractor, we keep the right of ownership of the goods until full settlement of all claims arising from an ongoing business relationship. If the value of the reserved goods exceed the claims from the ongoing business relationship by 10%, we are obliged to release the reserved goods.
  3. If the customer is a contractor, he is entitled to resell the goods in the ordinary course of business. He assigns to us already now all claims in the amount of the invoice, which may accrue from the sale to a third party. We accept the assignment. After the assignment, the contractor is authorized to collect the debt. We reserve the right to collect the debt ourselves, if the contractor does not meet his payment obligations and comes into default. The handling and processing of goods by the contractor always occurs in our name and on our behalf. If the goods will be processed by the contractor, we will acquire co-ownership of the new thing, in proportion to the value of goods we have supplied. The same applies if the contractor´s goods were processed or mixed with other items, which do not belonging to us.

§6 Warranty

  1. For consumers, the legal warranty regulations are valid.
  2. For consumers, the warranty claims are limited for used items within one year from the date of delivery.
  3. The shortening of the period of limitation does not apply for warranty claims, which are directed to compensations and are based on gross negligence or intention or breach of contract. Essential contractual obligations are those whose performance makes the proper execution of the contract possible and on which´s observance the buyer may regularly rely on.
  4. For consumers, claims for damages because of the injury of life, body or health or because of product liability law remain also unaffected.
    The same is valid for breaches of duty from our agents.
  5. For contractors, the warranty claims are limited, which are not related to compensation, within one year from date of delivery. The legal statues of limitations for recourse claims of the contractor according to § 478 BGB (Bürgerliches Gesetzbuch = civil code) remain unaffected.
  6. Contractor within the meaning of these terms and conditions have to inspect the goods immediately upon quality and quantity variances and inform us in written form about visible defects within a period of one week from receipt of the goods. If the contractor refrains this, the assertion of the warranty law is excluded. Hidden defects have to be reported in written form by the contractors within a period of one week from discovery. To meet the deadline, it is enough to send the notice of defects in time. The contractor has the full burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and for reporting in time.

§7 Limitation of Liability

We exclude liability for damages caused by simple negligence, as far as they do not result from the breach of contractual obligations, the fulfilment of the proper execution of the contract in the first place and on which the contract partner may rely on regularly, affect guarantees for the quality of the purchased goods, concern damages arising from injury of life, body or health or claims according to the product liability law. The same is valid for breaches of duty from our agents. In case of breach of contractual obligations, the liability in cases of simple negligence is restricted to the damage which are in a typical way associated with the contract and foreseeable.

§8 Contractual regulation regarding the costs of return upon revocation:

If you exercise your revocation right, then the agreement shall apply, according to which you will have to bear the regular costs of return. You must send the goods back to our contact address

ap Sportfahrwerke GmbH
legally represented by the Managing Director Thomas Schuster
Kochstraße 17a
D-74405 Gaildorf

at your own cost.

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right to cancel, you must inform us,

ap Sportfahrwerke GmbH
legally represented by the Managing Director Thomas Schuster
Kochstrasse 17a
74405 Gaildorf

Phone: +49 (0) 7971/ 91221 24
Fax: +49 (0) 7971/ 91221 25
E-Mail: info@ap.de

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us,

ap Sportfahrwerke GmbH,
Kochstrasse 17a
74405 Gaildorf

Fax: 07971/ 91221 25
E-Mail: info@ap.de ,

without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Cancellation form

To

ap Sportfahrwerke GmbH
legally represented by the Managing Director Thomas Schuster
Kochstrasse 17a
D-74405 Gaildorf
Fax: +49 (0) 7971/ 91221 25
E-Mail: info@ap.de

I / We[*] hereby give notice that I /We[*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s)
Signature of consumer(s) (only if this for is notified on paper).
Date
[*] Delete as appropriate

§9 Contract arrangements regarding the costs for returns of revocation

If you exercise your revocation right, then the agreement shall apply, according to which you will have to bear the regular costs of return. You must send the goods back to our contact address

ap Sportfahrwerke GmbH,
Kochstrasse 17a
74405 Gaildorf

at your own cost.

§10 Code of Conduct

We are not subject to any codes of conduct.

§11 Contract language, choice of law and jurisdiction

  1. The contract language is exclusively German.
  2. Valid is the law of the Federal Republic of Germany excluding the UN purchase right. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only as far as not the protection by provisions of the state´s law, in which the consumer has his habitual residence, is revoked.
  3. Ist der Kunde Kaufmann, juristische Person des öffentlichen Rechts oder öffentlich-rechtliches Sondervermögen, ist ausschließlicher Gerichtsstand für alle Streitigkeiten aus diesem Vertrag unser Geschäftssitz. If the customer is a businessman, legal person of the public law or public law special fund, the exclusive jurisdiction for all disputes under this contract is our place of business.

§12 Customer Service

Our customer service is available for questions and complaints on weekdays from 08:30 am - 12:00 pm and 02:00 pm - 05:00 pm by
Phone:+49 (0) 79 71 / 912 21 24
Fax: +49 (0) 79 71 / 912 21 25
email: info@ap.de

§13 Severability clause

In case that one or more provisions of these terms and conditions should be or become invalid or unenforceable, the remaining provisions shall be unaffected, except if the elimination of individual clauses would disadvantaged one party unreasonable, so that its holding to the contract can not be expected anymore. State of the Terms and Conditions: 21.04.2016