General Terms and Conditions
Sect. 1 Scope of validity, customer information
The following General Terms and Conditions (GTC) govern the contractual relationship between Einzelunternehmen, www.smaltmoto.de 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 order 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 entered your information and clicked the order button, you submit a binding offer to conclude a purchase contract.
(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 4 working days. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
The contract with the item details (e.g. kind of the product, price etc.) will be stored by us. You have no access to this information over the Internet. The GTC we send to you too, you can call the GTC at any time in addition, over our web page. If you like to secure the product description on our shop side for own purposes you can make a screenshot (= screen photography) or alternatively print out the whole side at the time of the order.
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 Retention of title
The purchase item remains our property until full payment is made.
Sect. 6 Expiry of your warranty claims
(1) The warranty complies with the statutory provisions.
(2) Consumer warranty for used goods
Your warranty due to defects in used goods expires one year after delivery of the item sold to you. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. For these excluded claims, the statutory limitation periods apply.
(3) Business warranty for entrepreneurs
Your warranty claims due to defects in purchased goods expire one year from the transfer of risk. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. Also excluded is the right of recourse under § 478 BGB. For these excluded claims, the statutory limitation periods apply.
Sect. 7 Limitation of liability
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). Same is valid for obligation injuries of our executing aides and our legal representatives. Belonged to the contract-substantial obligations in particular the obligation to hand over and for you the property to it provide to you the thing. Further we have to provide the thing for you freely from special and defective titles to.
Sect. 8 Jurisdictional venue
The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.