Terms and Conditions

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and Shipping Conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Special conditions for assembly/installation services
  9. Redemption of promotional vouchers
  10. Applicable Law
  11. Place of Jurisdiction
  12. Code of Conduct
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Berlin Tires GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods displayed by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these Terms and Conditions apply accordingly, unless otherwise regulated in this respect. In doing so, the seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") that are contained in or connected with the goods in such a way that the goods cannot fulfill their functions without them.

1.3 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional.

1.4 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts when concluding a legal transaction in the exercise of their commercial or independent professional activity.

 


2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal User Agreement, which can be viewed at  https://www.paypal.com/de/webapps/mpp/ua/useragreement-full  or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order is sent. No further provision of the contract text by the seller takes place. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process as long as usual keyboard and mouse functions allow, until he clicks the button that completes the ordering process.

2.7 The German language is available for concluding the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.


3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.


4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they advance payment to the customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in case of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of assignment of claims.

4.4 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account enabled for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information about the payment method "SOFORT" can be found by the customer on the internet at  https://www.klarna.com/sofort/  retrieve.

4.5 If a payment method offered via the payment service "mollie" is selected, the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. For the processing of payments, mollie may use additional payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information about "mollie" is available on the internet at  https://www.mollie.com/de/  available on demand.

4.6 If a payment method offered via the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0


5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation set out in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.


6) Retention of title

If the seller performs in advance, he retains ownership of the delivered goods until full payment of the owed purchase price is made.


7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights and claims due to defects are excluded;
  • the limitation period does not start anew if a replacement delivery is made within the scope of warranty for defects.

7.2 The liability limitations and time limit reductions regulated above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness,
  • for a possible existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no effect on their statutory or contractual warranty claims.


8) Special conditions for assembly/installation services

If, according to the content of the contract, the seller owes not only the delivery of goods but also the assembly or installation of the goods at the customer's premises as well as any necessary preparatory measures (e.g., measurement), the following shall apply:

8.1 The seller shall perform its services at its discretion in person or through qualified personnel selected by it. The seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to perform the desired service.

8.2 The customer shall provide the seller with all information necessary for the provision of the owed service completely and truthfully, unless obtaining such information does not fall within the seller's scope of duties according to the content of the contract.

8.3 After conclusion of the contract, the seller will contact the customer to arrange an appointment for the owed service. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities at the agreed appointment.

8.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer only upon completion of the assembly work and handover to the customer.


9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.


10) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.


11) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer's place of business.


12) Code of Conduct


13) Alternative Dispute Resolution

13.1 The EU Commission provides an online dispute resolution platform on the internet at the following link:  https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.