General Terms and Conditions as per 5th of April 2007
§ 1 Conclusion of the contract/order process
Via our Internet portals you may order the listed items using an Internet form or via fax and telephone respectively. By providing the details as required as part of the order process and by sending this order in you submit binding offer; in this connection the order via telephone, fax or internet have the same legal validity. By ordering you firmly declare to accept these General Terms and Conditions and that you wish to acquire the ordered goods. We will confirm your incoming order with a formal acknowledgement of receipt; this acknowledgement of receipt is not an acceptance of your order. The contract takes effect from receipt of the goods with your approval, at the latest, however, after the expiry of the return period of 14 days.
§ 2 General conditions of delivery and payments
For any information regarding the costs for packaging and posting as well as the payment conditions, please, refer to the conditions of delivery and payments of the respective Internet portal. For deliveries abroad we reserve the right to possibly limit the payment options.
§ 3 Cancellation Policy
You may revoke your contractual declaration within two weeks without providing reasons in written form (e.g. fax, email). The period commences with the receipt of the goods at the earliest. To ensure the period of revocation the timely sending of the revocation or the object suffices.
The revocation shall be addressed to:
Email: email@example.com or
Fax: 01212-103330 or
Address: Delticom Tyres Ltd., 6 Langdale Court, Market Square, Witney, Oxfordshire, OX28 6FG
Within the scope of your notice of revocation we would kindly ask you to notify us voluntarily about the reason for your return and we will collate other pieces of information, which are necessary for the fast and efficient processing of your revocation. In order for you not to suffer any inconveniences with the return, we collect the goods from you and we will refund the amount invoiced to the bank account as stored on our database. Thus you do not need to send any items to the Centre of Administration to Oxford (the declaration of the address is legally prescribed).
§ 4 Legal consequences of revocations
In the case of an effective revocation the performances received by both parties and if required the uses taken advantage of (e.g. interest) must be returned. Should the received service not be returned entirely or in parts or only in a worsened state you are required to pay damages to us insofar as required. This does not apply to the handing over of objects if the deterioration of the object only results from its inspection - the way in which you may have been able to detect the deterioration in a shop. For the rest you may avoid the obligation to compensation in that you do not use the object as if it was your property and avoid everything that decreases its worth.
Objects, which may not be sent in packages, will be collected from your house. You are liable the costs of the returns if the object delivered corresponds to the ordered item and if the price of the object to be returned does not exceed the amount of 40.- Euros.
-End of the Cancellation Policy-
§ 5 Our 30 day redemption offer
We like to make sure our customers are satisfied with their orders, which is why you may return any or all of your items within 30 days from purchase and receive your payment returned in full. This commitment goes beyond our legal requirements, according to which you are only entitled to a guaranteed period of two weeks from the receipt of the goods. Your statutory rights are not affected.
Goods which are designed to customers' specifications are excluded from our 30-day money-back guarantee as well as from the right of revocation. The acceptance of returned complete wheels ensues without legal liability on the part of Delticom and exclusively against payment of the contractually agreed all-inclusive handling costs of 100 GBP. This includes amongst others all deliveries of complete tyres and fully fitted tyres, which we manufacture for each customer individually.
However, our money-back guarantee does not include the costs for postage and packaging. This means that we will charge a flat rate for postage and packaging for all customers who revoke the order after the expiry of the legally required period of revocation (from the 15th to the 30th day). In general, companies cover the costs for postage and packaging. For further information, in particular regarding the amount of costs for postage and packaging and regarding our 30-day redemption offer, please, refer to the respective Internet portal.
Please make sure your repackage your items with our transport packaging and ensure they are protected against any accidental damage during transit. Tyres must be clean when prepared for posting and two tyres must be tied together. In particular, the front and back of complete tyres must be protected with sufficient cardboard and package tape. We reserve the right to assert claims for compensation if there are any damages due to improper handling or insufficient packaging in the process of the return. In addition, transport companies and couriers will only accept items in sufficient packaging.
The EU has set up an online portal to help dissatisfied customers. For complaints about goods or services that you have purchased from us through the Internet, you can find a neutral dispute settlement center at http://ec.europa.eu/consumers/odr to get an out-of-court solution. Please note that, for some industries and in some countries, there are currently no dispute resolution centers (as of 01.02.2017). Therefore, as a consumer, you may not be able to use this site to resolve disputes with us in these countries. For more information, please visit the EU online portal. We are not obliged to participate in a dispute settlement procedure before a consumer complaint office. Nevertheless, we are generally ready to participate in a dispute resolution procedure before a consumer complaint office. For further questions, please contact firstname.lastname@example.org.
§ 6 Reservation of proprietary rights
We reserve the right on all items we deliver until all of our claims against you or the person accepting the goods have been fulfilled. This also applies to any claims incurring in the future. In order to assert our reservation of proprietary rights we are entitled to demand the immediate handing over of the goods under exclusion of all rights of retention, unless there are legally ascertained or undisputed counterclaims.
§ 7 Responsibility for defects for our Internet portals
Each respective web site is maintained in our approved design. We do not guarantee that the Internet portals meet your requirements and that they are available at any time without interruption, timely, secure and without defects. The use of the Internet portals is at your own risk; in particular, we do not accept any liability regarding the results, which may be achieved with the use of the Internet portals and for the correctness of the information obtained within the scope of the Internet portals.
§ 8 Intellectual property rights
The texts, pictures, sounds, graphics, animations and videos as well as their arrangements on our web sites are subject to the law regarding copyright and other related rights. The contents of this web site may not be copied, distributed, changed or made available to third parties. Some of our web sites also include pictures, which are subject to the copyright of third parties. Unless otherwise stated all trade marks on our web site are protected. On our web sites no permission to use our intellectual property or the intellectual property of third parties is granted.
§ 9 Obligations regarding information
When registering you must provide your address and personal details; we will save these details required for the order process. Of course, you can change your data upon ordering or later at "My orders" or "Contact" (depending on the internet portal). After the registration you receive a password and an identifier for your account. You must ensure that the password and the account are not made available to any third party. You are obliged to inform Delticom immediately about any misuse of your password or account. Both contracting parties may cancel your account at any time without giving reasons. In such an event Delticom will deactivate or delete your account and all data saved.
§ 10 Applicable law
The Law of the Federal Republic of Germany applies exclusively. The application of the standardised UN Convention (CISG; United Nations Convention on Contracts for the International Sale of Goods as per 11th of April 1980) is excluded.
Prices include VAT and delivery within mainland UK (excl. Scottish Highlands).
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