Terms and conditions

This is an AI-assisted translation for your convenience. Only the German version is legally binding.

As of February 2025. Recommended by the Bundesverband Reifenhandel und Vulkaniseur-Handwerk e.V. (German federal association of tire dealers and vulcanizers), Bonn

1.) Applicability of these terms and conditions

We operate exclusively on the basis of our General Terms and Conditions. Deviating terms and conditions of our suppliers and customers are not binding on us, even if we do not expressly object to them.

2.) Conclusion of contract, agreed characteristics

(1) Contracts for the delivery of goods by us are concluded at the latest when we deliver the goods.

(2) Information in brochures, illustrations, drawings and other descriptions does not constitute a warranty of characteristics, unless it is expressly marked as such.

3.) Reservation of supply, delivery times, partial deliveries, transfer of risk in the case of sale by shipment

(1) We do not assume any procurement risk for goods ordered from us and are entitled to withdraw from the contract if, despite the prior conclusion of a corresponding purchase contract and despite demonstrable efforts to obtain the goods from the supplier, the item to be delivered cannot be obtained.

(2) If failure to meet an agreed delivery time for goods to be delivered by us or a completion date for work to be performed by us is due to force majeure, industrial action, fire, unforeseeable obstacles or other circumstances for which we are not responsible, the delivery or performance period is extended for the duration of these circumstances. This also applies if we are already in default when the hindering circumstance occurs. If the impediment to performance lasts for more than one month, both we and the customer are entitled to withdraw from the contract. Any further rights of the customer remain unaffected.

(3) We will inform the customer of an impediment to performance without undue delay and, in the event of withdrawal, refund any performance already rendered by the customer without undue delay.

(4) If we perform work on a vehicle of the customer, we are not obliged to provide a replacement vehicle, even in the event of a delay in performance for which we are responsible. The customer’s right to demand reimbursement of the costs of a replacement vehicle procured by the customer remains unaffected.

If the customer is not a consumer within the meaning of Section 13 of the Bürgerliches Gesetzbuch (BGB, German Civil Code), the following provisions additionally apply to contracts for the delivery of goods:

(5) We are entitled to make partial deliveries, unless partial deliveries cannot reasonably be expected of the customer. If partial deliveries have been made, the provisions on default in paragraph 2 apply only with respect to the delivery not yet made.

(6) The risk passes to the customer upon handover to the carrier. Upon handover to the carrier, we are released from our obligation to perform. The goods are transported at the customer’s risk. This also applies if partial deliveries are made or if we have assumed additional services, e.g. transport costs or delivery.

4.) Price components, due date, acceptance, cost estimate, dunning costs

(1) Our prices are exclusive of the value added tax applicable at the time and apply ex our place of business. For goods that the customer does not collect in person at our place of business, costs for packaging and shipping are added.

(2) If there is a period of more than 4 months between the conclusion of the contract and the agreed delivery date, we are entitled to pass on price increases resulting from an increase in our purchase prices or from increases in labor costs. If the price increase exceeds 10 % of the originally agreed price, our customer is entitled to withdraw from the contract.

(3) Purchase prices for goods delivered by us are due on the day of delivery without deduction.

(4) If we perform work, the customer is obliged to accept the subject of the order as soon as we inform the customer of its completion. The customer’s right to refuse acceptance because the work is not essentially free of defects remains unaffected. Acceptance takes place at our place of business, unless expressly agreed otherwise.

(5) If, at the customer’s request, we prepare a cost estimate stating the expected repair costs including value added tax, the cost estimate is binding for a subsequent repair to the extent that deviations of no more than 10 % from the repair costs determined in the cost estimate are permitted. If the customer does not place a repair order, we are entitled to invoice the costs of preparing the cost estimate.

(6) If the customer does not pay within 2 weeks of the due date, we are entitled to send a payment reminder and to charge a flat-rate dunning fee of EUR 5.00 per reminder. The customer is free to prove that we incurred no costs or lower costs.

5.) Retention of title

(1) Goods delivered by us remain our property until the purchase price has been paid in full.

If the customer is not a consumer within the meaning of Section 13 BGB, the following provisions additionally apply:

(2) Goods delivered by us remain our property until all claims to which we are entitled against the customer arising from the business relationship have been satisfied. This also applies if individual or all of our claims have been included in a current account and the balance has been drawn.

(3) In the event of the sale of goods delivered by us, the customer hereby assigns to us by way of security the customer’s claim against the buyer arising from the resale, together with all ancillary rights. The assignment includes any balance claims. However, the assignment applies only in the amount corresponding to the invoiced price of the item delivered.

(4) If the customer combines goods delivered by us with land or movable items, the customer assigns to us by way of security the claim to which the customer is entitled as remuneration for the combination, together with all ancillary rights, in the amount of the ratio of the value of the item delivered to the other combined goods at the time of the combination.

(5) The customer is obliged to notify us without undue delay of any enforcement measure against goods subject to our retention of title, as well as of any damage to or destruction of such goods. The same applies to any change in possession of the goods and any change in the place where the goods are kept.

6.) Liability for material defects

(1) Liability for material defects is governed by the statutory provisions. Accordingly, the customer is primarily entitled to subsequent performance and is obliged to give us the opportunity to perform subsequently.

(2) Claims for material defects against us are excluded if

a) the serial number, the manufacturer’s mark or other markings permanently affixed to the goods have been made illegible,

b) in the case of tires, it is proven that the prescribed tire pressure was not maintained,

c) tires were not mounted or used properly, in particular due to

• exceeding the permissible load for the tire size and tire type and the assigned driving speed,
• incorrect wheel alignment,
• dynamic imbalance,
• mounting on a rim that is not assigned to the tire, not within gauge tolerances, rusty or otherwise defective
• mounting with used inner tubes/ rim flaps (for tube type tires)
• mounting without replacing the valve (for tubeless passenger car tires) or
• mounting without a new sealing ring (for tubeless truck/shoulder tires).

d) after a wheel change, the wheel nuts or bolts were not retightened after 50 km of driving, provided that we informed our customer of this necessity upon delivery,

(3) The statutory limitation periods apply to liability for material defects. However, when purchasing used goods, the limitation period, in deviation from the statutory provisions, is only one year, beginning with the handover of the item to the customer.

If the customer is not a consumer within the meaning of Section 13 BGB, the following provisions additionally apply:

(4) If, due to a defect of title or a material defect, the customer chooses to withdraw from the contract after subsequent performance has failed, the customer is not additionally entitled to claim damages on account of the defect.

(5) In the case of replacement deliveries of tires, we are entitled to demand compensation for value in accordance with the degree of wear of the returned tire.

(6) In deviation from the periods in paragraph 3, a limitation period of one year applies in all cases.

7.) Limitations of liability

(1) We are liable in cases of intent or gross negligence in accordance with the statutory provisions. Otherwise, we are liable only under the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act), for injury to life, body or health, or for the culpable breach of essential contractual obligations, or insofar as we have fraudulently concealed a defect or have given a guarantee for the quality of the item delivered. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

(2) Our liability for loss of earnings is excluded if the delay is due to the fact that, despite demonstrably timely ordering and despite demonstrable efforts to obtain the goods in time, the goods cannot be obtained from the supplier in time.

8.) Dispute resolution

(1) The consumer arbitration board responsible for us is the Schiedsstelle für den Reifenfachhandel und das Vulkaniseur-Handwerk (arbitration board for the specialist tire trade and the vulcanizing trade) at the

Bundesverband Reifenhandel und Vulkaniseur-Handwerk e.V. (BRV)

Franz-Lohe-Straße 19

53129 Bonn

Website: www.bundesverband-reifenhandel.de/mitglieder/brv-schiedsstelle/

(2) We are willing to participate in dispute resolution proceedings within the meaning of the Verbraucherstreitbeilegungsgesetz (VSBG, German Consumer Dispute Resolution Act) before this consumer arbitration board.

9.) Choice of law, place of performance, place of jurisdiction

If the customer is not a consumer within the meaning of Section 13 BGB, the following provisions apply:

(1) The law of the Federal Republic of Germany applies.

(2) The place of performance for all obligations arising from the contractual relationship is our place of business.

(3) The place of jurisdiction for disputes arising from or in connection with the contractual relationship is our place of business.