General Terms & Conditions

 

ProfiPaul - Der Werkstattprofi

 

Sect. 1 Scope of validity, customer information

The following general terms and conditions (GTC) govern the contractual relationship between 2wheel 4wheel GmbH ProfiPaul - Der Werkstattprofi and consumers and entrepreneurs who purchase goods in our shop. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.

 

Sect. 2 Conclusion of contract

(1) The offers on the internet represent a non-binding invitation to you to purchase goods.

 

(2) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone or by fax.

 

Sect. 3 Customer information: Storage of the contractual text

The contract with the item details (e.g. kind of product, price) will be stored by us. We will send the GTC to you, but you can download the GTC at any time in addition, over our web page. As a registered customer you will have access to your past orders in the customer login area: Your Account.

 

Sect. 4 Customer information: Correction note

You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can terminate the order process also at any time by closing of the browser window completely.



Sect. 5 Customer Information: Medical Products & Hygiene Articles

Medical products and hygiene items are non-returnable.  



Sect. 6 Retention of title

The purchase item remains our property until full payment is made.

 

Sect. 7 Expiry of your warranty claims

(1) The warranty

The warranty complies with the statutory provisions.

 

(2) Limitation of warranty rights due to defects (warranty)for the sale of used goods to customers

 

For your claims two (2) warranty periods are applicable after delivery of the goods.

The period of liability for defects is reduced from two years to one year.

The statutory limitation period of two (2) years shall apply to claims for defects arising within this liability period.

Excluded from this reduced warranty period are following claims: claims for damages, claims based on defects which we have fraudulently concealed, and claims arising from a guarantee which we have assumed for the quality of the goods.

For these excluded claims, the statutory limitation periods shall apply. In the event of an expressed warranty period, the longer period shall apply in favor of the warrantee (buyer).

 

(3) Limitation of warranty rights due to defects (warranty) for entrepreneurs

Your warranty claims due to defects in the good sold shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:

- on compensation for damages
- for maliciously concealed defects
- arising from any granted warranty
- on recourse under §§ 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
- due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.

The statutory limitation periods shall apply to these excluded claims. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.

 

Sect. 8 Limitation of liability

(1) We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same applies to breaches of duty by any of our agents and legal representatives. The contractual obligations include, in particular, the obligation to deliver the item and title to you. We furthermore must deliver to you the item free of material defects and deficiencies.

(2) When used commercially, all machines from our range are subject to acceptance according to UVV (Allgemeine Unfallverhütungsvorschriften, accident prevention regulations) and must be installed by a qualified specialist company and properly put into a safe operating state before commissioning. We are not liable for any damage resulting from improper installation or commissioning.

 

Sect. 9 Delivery and receipt of goods

The goods received must be checked by the recipient for completeness and correctness. Externally damaged shipments are to be noted immediately upon delivery by the supplier (driver). Proof of this must be presented to us, so have this confirmed in writing by the supplier! If you have given a parking permit to the forwarding agent or DHL, you are fully liable for any damage caused by the forwarding agent. We therefore strongly recommend that you revoke this parking permit for this shipment. If you accept the goods too late and are therefore in default of acceptance, you are obliged to bear the costs incurred for storage and a second delivery yourself. This also applies if you agree on a later delivery date with the forwarding agent and the goods have to be temporarily stored by the forwarding agent. 


Sect. 10 Jurisdictional venue

The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.

 

Sect. 11 easyCredit financing

When purchasing via easyCredit financing, an additional 1.49% fee (plus 19% VAT on the fee) applies. In the event of cancellation of the easyCredit financing, this fee will not be refunded.  
 

Sect. 12 Consumer information: Non-participation in a dispute settlement procedure

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer complaint office (“Verbraucherschlichtungsstelle”)


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Version 06.09.2022