General terms of business of Heino Thanheiser with the onlineshop www.trial-world.com.
- The following conditions find use on all contracts, which Heino Thanheiser when shop assistant of the goods traded by her concludes. Any conflicting terms of business of the buyer are valid as explicit impossibly. The acceptance from Heino Thanheiser to delivered goods and services means that the buyer renounces any own terms of business called by him. In any case, the following conditions of Heino Thanheiser legal for the whole contract. With services like the organization of events, shows, to Workshops and holiday offers all details are regulated in a separate contract between the customer and Heino Thanheiser.
- Changes and supplements of the contract need to their effectiveness of the written confirmation by Heino Thanheiser. Verbal arrangements are effective only when they are confirmed by Heino Thanheiser, in writing.
- Orders take place on-line in our online shop (trial-world.com) according to the valid rights and terms of the distant sales law. Orders made by phone, fax or mail are also possible with the suitable rights and terms.
- Heino Thanheiser will keep to assured dates of delivery as far as possible. Should it get in delay, the buyer can withdraw from the contract only when he has put Heino Thanheiser, an adequate extension of at least three weeks. All other claims of the buyer for the case or the not timely supply are not excluded. Heino Thanheiser is released from the obligation of delivery if they have not been supplied for their part by his suppliers on time and not in the right qualities and other specifications. Deliveries are carried out abroad only against prepayment. After entrance of the order we dispatch the calculation which performs the bank account and the originating forwarding expenses. In addition, is released Heino Thanheiser from any obligation of delivery if changes enter in the officially created import conditions, by considerable changes of the exchange rate, raw material rises in price and interventions of higher power, changes in the energy costs, cargoes and the like. In such cases it is entitled Heino Thanheiser to require either an adaptation of the contract to the changed circumstances for her choice, or to withdraw from the contract. Also the buyer can require that a new bill of sale is concluded which considers the changed conditions. He has such a desire within three weeks after the communication of Heino Thanheiser in which Heino Thanheiser, because of changed conditions withdraws from the contract to assert Heino Thanheiser . Everybody of Heino Thanheiser to delivered products is determined for the whereabouts in the supplier country agreed with the customers. The re-exportation of products is defeated basically by the foreign trade regulations of the Federal Republic of Germany or the country of origin and requires a license for the customer. The customer must find out himself about these regulations.
- The informed prices, also so far they are included in the confirmation of order, are not-binding. Provided that in the meantime up to the delivery the list prices of Heino Thanheiser, it is entitled Heino Thanheiser to calculate to the buyer in each case at the time of the delivery for them to generally valid list prices. An adaptation of the purchase price is left after approving judgment in this respect to Heino Thanheiser when the course value of a foreign currency has not changed to the euro between the time of the completion of the contract and the call of the doubtful delivery unimportant to loads of the suppliers. We reserve ourselves a relative rise given prices if after completion of the contract the material prices rise or other circumstances (transport, postage etc.) on which we have no influence which raise costs.
- The product is delivered in the implementation and state which is usual at the time of the delivery. The prices which are demanded for the time of the delivery of the repeat order as list prices of Heino Thanheiser, in general are also valid for repeat orders. The prices are valid for the unpacked and uninsured product.
- Heino Thanheiser does not guarantee for the fault of fulfillment assistants. For the rest, a liability for the usefulness of the delivered product is not assumed for a certain purpose. This is also valid if Heino Thanheiser has given to the buyer some advice about the goods use. Heino Thanheiser further does not guarantee if the delivered product is damaged merely to a percentage which must be accepted as customary with such products as damaged. The remaining liability exclusively consists in the fact that damaged parts can be returned and are to be exchanged for flawless parts or the bike gives a credit Heino Thanheiser by height of the returned goods value. Each the other compensation claim, it is on substitute of immediate or indirect damages and all other guarantee claims are expressly excluded. For already processed product any liability is assumed in no case. The processing of the product is valid as a recognition of the ordinal moderation of the delivery.
- The buyer from by Heino Thanheiser designed picture and or sound material acquires only for the respectively given intended purpose a right of use. Copyrights and the right on duplication remain with Heino Thanheiser. Photographs and pictures are a property of Heino Thanheiser or the respective manufacturer. A wide use is permitted only after approval.
- The delivered product remains up to the entire payment of all demands which are entitled the buyer on the basis of the bill of sale or for other legal arguments, property of Heino Thanheiser. With several demands or a demand from running calculation the retention of title is valid as a protection for the balance demand, even if single goods deliveries are already paid. The buyer is entitled to the wide disposal of the reservation product only under retention of title and only within the scope of his properly controlled business concern. He is not authorized to dispose in other manner, possibly by pledging or protection conveyance, of the product. The demands from a wide disposal of the reservation product are already resigned now in Heino Thanheiser and the buyer is entitled to the collection of the claims. He has the received amounts in trust under separate safekeeping and reservation for Heino Thanheiser to administer. If the reservation product is resold together with other goods, the agreed advance cession is valid only by height of the value of the reservation product. The buyer carries out any processing for Heino Thanheiser, without this is obliged from it juridically. By processing, connection, mixture of the reservation product with other goods calculation gross value including additional costs and taxes of the reservation product originates for Heino Thanheiser, joint ownership in the new thing, namely by processing comparatively of the value (= to the value of the new thing, with connection, mixture of comparatively of the value of the reservation product to the value of the other goods. If the buyer becomes an only proprietor of the new thing, he puts away Heino Thanheiser, already the joint ownership in the new thing comparatively of the precalled values and agrees on the thing for the shop assistant free of charge. If the new thing is resold, the advance cession agreed on top is valid by height of the value of the reservation product also for the demands of the buyer from the wide disposal. The buyer must insure of the reservation product against all usual risks appropriately, apart camp down, treat devotedly and if requested from Heino Thanheiser, there accordingly. Demands from a case of damage against the insurance are already resigned now by height of the value of the reservation product in Heino Thanheiser. Enforcement measures or other accesses of third parties in the reservation product are to be indicated Heino Thanheiser immediately under information of the name and the address of the judgment creditor or third party in writing. The costs of any interventions of Heino Thanheiser, compared with judgment creditor or other third parties accessing the reservation product go to loads of the buyer. Heino Thanheiser , within the scope of this retention of title arrangement to lasted prementioned securities are released by the shop assistant by request of the reservation buyer after his choice, as far as the value of the securities exceeds the open demands with lasting effect around more as 20%.
- We deliver only by prepayment. All calculations are to be paid immediately after calculation date purely net. It is not paid within 14 days after calculation date, is entitled Heino Thanheiser to calculate the in each case bank-customary interest from the 15th day from calculation date to the buyer.
- The buyer is not entitled to exercise towards Heino Thanheiser a retention right, unless it concerns in writing approved claims around legally ascertained claims or around from Heino Thanheiser
- With orders on call the appointed product must be called away within 12months.
- The guarantee regulations of the respective manufacturer are apply it always.
- Objections of every kind must be immediately asserted after arrival of the product, namely either in writing or by mail. The buyer is obliged to check the product immediately at the arrival in the extent, as it is customary. Later than 30 days after receipt of the product no more objections which could have been ascertained within the scope of random check-like also in view technical usability carried out examination can be asserted. Basically all dispatch and packaging, as well as enjoying to the full and installation costs go to loads of the customer. Not free sent product is not redeemed. Claims to compensation or escaped profit are always excluded. With entitled claims it is left to us to deliver either substitute calculated one, or to credit the value of the product or a part value. If the buyer makes changes or repair in the criticized product arbitrarily, we are released from every guarantee duty. Only new product can be credited. Used product is sent back repaired. The withdrawal of the product needs the previous approval and written arrangement. At special wish procured goods are excluded basically from the taking back.
- The nullity of single regulations in these terms of delivery does not found the ineffectiveness of the whole contract. Heino Thanheiser and the buyer undertake to substitute for trifling clauses with such arrangements whose contents after their economic purpose come close to the purpose persecuted with the in each case trifling clause possibly.
- Place of fulfillment is Triberg and jurisdiction Villingen-Schwenningen, the seat of Heino Thanheiser. It is worth German right to the exclusion of the UN-purchase right and the international private law. The in writing laid down clauses are entire, in particular verbal additional agreements were not met.
Waldstr. 4, 78098 Triberg