Termini e Condizioni
1. Scope of Application
1.1 The deliveries, services and offers of LIMORA Oldtimer GmbH are carried out exclusively on these Terms and Conditions. This shall also apply to all future business relations, even if they are not expressly agreed again.
2.1. Consumer - in terms of these Terms and Conditions shall mean any natural person who enters into the contract for reasons that can be attributed neither to commercial activity nor relating to their independent vocational activity (§ 13 BGB)
2.2. The purposes of these Terms relates to any customer who concludes the contract as part of a commercial or professional activity (§ 14 para 1 BGB)
2.3. Means of distance communication are means of communication that can be used to initiate or enter into a contract between a consumer and a professional without the simultaneous physical presence of the parties, in particular letters, catalogs, phone calls, faxes, e-mails as well as radio, television and media services (§ ) 312 b paragraph 2 BGB.
3.1 In catalogs, brochures, advertisements, etc. information contained in offers are - also in terms of pricing - without obligation. Specially prepared offers will be maintained by the LIMORA Oldtimer GmbH & Co. KG for 30 days.
3.2 The customer is bound to his order for three weeks, orders shall be legally confirmed in writing by the LIMORA Oldtimer GmbH & Co. KG. LIMORA Oldtimer GmbH & Co. KG, must reject an order within four weeks of receipt to avoid the assumption, that the confirmation of the order is granted.
3.3 If agreements are made or any amendments or supplements to the contract are made, this must be confirmed by LIMORA Oldtimer Ltd in writing. The same applies to the guarantee properties. The written confirmation is not required for efficacy.
3.4 Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing.
4. Prices, price changes
4.1 Prices include statutory VAT.
4.2 The cost of packing, shipping, handling and insurance charges are paid by the customer. The LIMORA Oldtimer GmbH & Co. KG is entitled to make delivery by cash at the expense of the customer.
4.3 If the time between contracting and the agreed and / or actual delivery are more than four months, applicable at the time of delivery or provision of the applicable prices Limora Oldtimer GmbH & Co. KG. If these rise by more than 10% above the initially agreed price, the customer is entitled to cancel the contract.
5. Delivery Times
5.1 Delivery dates and deadlines are binding on LIMORA Oldtimer GmbH & Co. KG only if they have been agreed in writing. If LIMORA Oldtimer GmbH & Co. KG are in arrears, the customer may in accordance with the following provisions rescind the contract or claim damages for breach of duty.
5.2 The duration of the period set for customer service to be remedied or for the parties to agree will only be considered adequate if it is at least 6 weeks. The period begins at the earliest with the receipt of the formal notice from the LIMORA Oldtimer GmbH & Co. KG.
6. Delivery and transfer of risk
6.1. Unless otherwise agreed, the place of performance for business transactions for mutual benefits is D-53567 Buchholz.
6.2 The risk of accidental loss or accidental deterioration of the goods ordered by the customer (at the latest) are handed over to the customer or to the carrier to the customer. If the shipment is delayed at the request of the customer, the risk passes to the notification of dispatch to the customer.
6.3. Notwithstanding the above provisions shall apply to the sale of goods, the risk of accidental loss only upon arrival of the goods to the consumer applies to this.
6.4. LIMORA Oldtimer GmbH & Co. KG is entitled, but not obliged, to ensure delivery in the name and on behalf of the customer.
7.1. For consumer warranty claims, the statutory provisions of § § 433 to 435, 437 and 439 apply to 443 BGB. In a sale of new goods to a consumer there is the 24-month limitation period of § 438 paragraph 1 item 3 BGB. As far as used goods are sold to a consumer, this period is reduced to 12 months. This does not apply if the supply of defective goods at the same time constitutes a willful default. In addition, section 8 in the following paragraph regulated damages exception. § 479 BGB.
7.2. With sales to enterprises, the following provisions shall apply
7.2.1. to 7.2.4.
7.2.1. Deliveries are inspected immediately upon receipt by the customer or for examination by the Customer's designated beneficiary. After unconditional acceptance of the goods by the customer or a person authorized by any subsequent complaint is excluded because of the external nature of the delivery. Other defects of the goods may, if they are seen within 8 working days of receipt, are moreover criticized within 8 business days of discovery. Complaints must be made in writing (§ 126b BGB) or in writing.
7.2.2. Notwithstanding section 8 claims for damages by the customer under the provisions of this section make the LIMORA Oldtimer GmbH & Co. KG responsible for timely reported defects that limit the value or usability or relevance, initially at its option by delivery of perfect substitute goods or repair of the supplied goods (remedy). The LIMORA Oldtimer GmbH & Co. KG is required to bear for the purpose of supplementary performance, in particular transport, travel, labour and material costs, where these have not been increased by the fact that the goods need to go to a different location. The replacement of goods takes place only in fulfilling the warranty obligations of the original goods. Without prejudice to the legal rights of the client in respect of the first delivery will occur in the case of a defective replacement therefore no guarantee rights for a replacement and the warranty period is not set again in motion.
7.2.3. In the case of a substitution, the customer is entitled only after two failures to reduce the purchase price or withdraw from the contract.
7.2.4. In the event of a sale of new goods to entrepreneurs, the limitation of § 438 paragraph 1 item 3 BGB is shortened to 12 months. This does not apply if the supply of defective goods constitutes a willful default. Delivery of used goods belonging to the customer are excluded due to defects of the goods, unless the LIMORA Oldtimer GmbH & Co. KG has fraudulently concealed the defect or a guarantee for the condition of the item. Section 8 in the following paragraph regulated compensation claims are not affected.
7.3. The provisions of a separate contractual agreement granted in warranty remains unaffected.
8.1. The liability of LIMORA Oldtimer GmbH & Co. KG and its agents is generally limited to damages which have been caused by LIMORA Oldtimer GmbH & Co. KG and its agents intentionally or through gross negligence. For ordinary negligence LIMORA Oldtimer GmbH Co. KG is only liable in case of injury to life, limb or health, and the infringement of purpose essential to the fulfillment of the contract obligations.
8.2. The liability of LIMORA Oldtimer GmbH & Co. KG for slight negligence, is limited to the case of contracts of at issue where species-typical damages were foreseeable at the conclusion of the contract or later breach of duty, for consequential damages LIMORA Oldtimer GmbH & Co. KG is not liable in these cases. This does not apply to injury to life, limb or health.
8.3. For entrepreneurs, liability for negligence is excluded.
8.4. Claims for damages, which by law do not require fault paths remain unaffected by the above provisions in clause 8.1. and 8.2.
9.1 If delivery is not made by cash, payments can be made only with the effect directly to the LIMORA Oldtimer GmbH & Co. KG or to an account specified by the bank or post office account.
9.2 Invoices from LIMORA Oldtimer GmbH & Co. KG. are payable without deduction within 10 calendar days of the invoice date
9.3 The LIMORA Oldtimer GmbH & Co. KG reserves the right to reject of credit cards, cheques or drafts explicitly. Acceptance is always only payment. Discount and bill charges shall be borne by the customer and are due immediately.
9.4 If the customer is in default of payment, the LIMORA Oldtimer GmbH & Co. KG is entitled to interest at the rate of 5% above the base rate according to § 247 BGB, but at least 10% per annum, to be calculated.
9.5 The customer is entitled to compensation for claims against LIMORA Oldtimer GmbH & Co. KG only if the counterclaim is undisputed or legally dismissed.
10. Right of return
11. Delivery of used parts by the customer
11.1 Old parts and replacement parts received in a clean and in complete state for cost free advance to LIMORA Oldtimer GmbH & Co. KG. Possible damage or contamination by oil or missing items will result in a replacement unit to the customer's account.
11.2 It is the sole judgment of the LIMORA Oldtimer GmbH & Co. KG or their representative if a reference by the customer part exchange to exchange (overhaul) is suitable. Insofar as the judgment of the LIMORA Oldtimer GmbH & Co. KG, the suitability of a replacement part is not fulfilled, the customer has no right to exchange. The replacement part will be returned to the customer at his own cost and risk.
12. Place of performance and jurisdiction
12.1 If the customer is a merchant, it is agreed for all disputes arising from the contracts concluded and the related legal relations, the District Court of Linz / Landgericht Koblenz jurisdiction. The same applies if the customer is not a merchant, but at the time of institution of proceedings is domiciled or habitually resident abroad, or the domicile or habitual residence is unknown.
13.1 Should one or more of the above provisions be or become invalid, then the customer and LIMORA Oldtimer GmbH & Co. KG will agree on a new scheme.
13.2 The headings are for convenience only and have no substantive meaning Overview, especially not a final settlement.
14. Data Protection
14.1 The Client agrees that the LIMORA Oldtimer GmbH Co. KG stores information received from the business relationship for the purposes of the Data Protection Act for their own business purposes.