General Terms and Conditions RR TEAM

Last amended: 01/08/2019

In the following we would like to present our General Terms and Conditions, which we use as a basis for the complete processing and handling of your purchase. The following terms and conditions shall apply exclusively to all deliveries, including future deliveries. Any conflicting terms and conditions of the buyer are hereby rejected. They shall only apply if they have been expressly recognised by us in writing. The law of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods. Our General Terms and Conditions only apply to companies within the meaning of Section 310 (1) of the German Civil Code (BGB). Should one of the following provisions be invalid, this shall not affect the validity of the remaining provisions.

Terms of use
Please read these terms carefully before using the RR TEAM services. By using the RR TEAM Services, you agree to be bound by these terms and conditions.

Data protection
We process your personal data in compliance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and all other relevant statutory provisions. The data processing is carried out in response to your enquiry and is required under Art. 6 (1)(1b) of the GDPR for the appropriate processing of the conclusion of a purchase contract with the customer and the mutual fulfilment of obligations arising from a concluded purchase contract. In addition, we also process customers' personal data to fulfil other legal obligations, such as regulatory requirements (retention obligations under tax law). We sometimes use external service providers for the administration and technical management of our computer systems. We generally delete personal data as soon as it is no longer required for the aforementioned purposes, unless we are obliged by law to continue storing it (e.g. in the German Commercial Code and the German Fiscal Code).

Please also read our Privacy Policy which applies to your use of the webshop.

Conclusion of contract
For orders from our shop, your contractual partner is RR TEAM GmbH, Schottener Str. 42, 35321 Laubach. All offers are subject to confirmation. By clicking on the "Send order" button, you place a binding order for the items in your shopping basket. We will confirm the receipt of your order with the order overview which can be viewed in the order history. A binding contract is concluded upon receipt of your order. Verbal agreements and agreements made by telephone shall only become effective upon written confirmation.

Delivery of goods
The delivery dates stated are always non-binding. In the event of force majeure in our company or in a supplier’s company or other incidents for which we are not responsible, we shall be entitled to postpone delivery or to refuse delivery in whole or in part, even if the delivery period has been exceeded or we are in default, without the purchaser being entitled to demand compensation or subsequent delivery. Please note that in the case of advance payment, the ordered goods will only be delivered as soon as we have received payment of the full purchase price and any shipping costs. We therefore ask you to transfer the purchase price immediately after receipt of the order confirmation, but within 7 days at the latest. Please note that we are not obliged to deliver the ordered goods if we have duly ordered the goods but have not received them in the correct or timely manner. A further prerequisite is that we are not responsible for the unavailability of goods and that we have informed you of this circumstance without delay. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. If weekdays are specified as deadlines, we understand this to mean all days from Monday through Friday, with the exception of bank holidays. Unless otherwise agreed, our prices are "ex works". The refund of sold goods is excluded. If, in exceptional cases, goods are returned, the price valid on the day of return shall be credited; if the delivery price is lower than the daily price, the delivery price shall be credited. The above shall not apply in the event that the retention of title is exercised.

Prices and shipping costs
The prices listed in the quote at the time of ordering apply. The statutory sales tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the date of invoicing. The goods shall remain our property until the purchase price has been paid in full.

Each order includes shipping costs, which are part of the contract and can be found in your contract. Different shipping costs may apply for the shipment of particularly bulky or heavy tyres or wheels.

If there is a period of more than 4 months between the conclusion of the contract and the agreed delivery date, we shall be entitled to pass on price increases, in particular those resulting from increases in our purchase prices or increases in labour costs. If the price increase exceeds 10% of the originally agreed price, you are entitled to withdraw from the contract.

We are entitled to negotiate a price increase in the event of cost changes of 5% or more up to the day of delivery, in particular in the event of increases in material and labour costs. The right to a price increase does not apply if delays in delivery can be proven to be solely our responsibility.

Payment
In principle, we offer the payment methods advance payment, bank transfer and direct debit. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Any costs of a monetary transaction are to be borne by you.
If you select the payment method direct debit and submit your bank details, we are revocably authorised to collect the invoice amount from the account you have specified. If the direct debit transaction is rejected due to insufficient funds in the account or due to the provision of incorrect bank details, or if you object to the direct debit although you are not authorised to do so, you must bear the fees incurred by the respective bank as a result of the chargeback if you are responsible for this.

Our claims are due net (without deduction) immediately upon receipt of our invoice. We are not obliged to accept cheques or bills of exchange. In the event of default, we are entitled to charge interest of 8% above the current base rate of the European Central Bank. The assertion of higher damages caused by delay is not excluded. You expressly reserve the right to prove that no damage was incurred or that the damage was significantly lower than claimed by us. We can charge reminder fees of EUR 5.00 per reminder and commission a debt collection company. Offsetting is excluded unless the offsetting claim is undisputed or has been established in a legally binding way. You are only entitled to a right of retention insofar as it is based on the same contractual relationship.

Retention of title
Goods delivered by us remain our property until payment has been made in full. The customer must keep the purchased item in proper condition for the time of the retention of title. In the event of seizure by third parties, in particular in the event of attachment of the goods owned in whole or in part by us, the customer must notify us immediately in writing and inform the third party without delay of our retention of title.

This retention of title shall also apply until all claims, including future and conditional claims, arising from the business relationship with us have been fulfilled. As long as our retention of title applies, seizure, transfer by way of security, leasing or any other transfer or modification of the object of purchase that impairs our security is only permitted with our prior written consent. Our customer hereby assigns to us the claims against his business partner arising from the sale of the goods under retention of title, including the refinement portion in the case of further processing. We shall not disclose the assignment unless our customer is at least 2 weeks in arrears with a due claim or has revoked a direct debit authorisation granted to us. In such cases, the customer is obliged to notify his business partners of the assignment granted to us on his own initiative and to submit his complete list of debtors to us without delay. In this case, we have the right to inspect our customer's books in order to determine the names and addresses of our customer's business partners.

If the value of all our securities exceeds our claims from our invoices by more than 10%, we shall release securities of our choice at the request of our customer; the customer shall bear the costs of a third-party action against seizure as well as all other costs necessary for the cancellation of the seizure and the replacement of our goods.

If our customer does not fulfil the agreed terms of payment despite a reminder, we are entitled to repossess the goods delivered by us, assembled or unassembled, at any time. Our customer expressly grants us the right to take over our reserved goods at any location.

We are also authorised to dismantle. The respective owner of the goods is obliged by the customer to return the goods to us for the time of the retention of title. Our customer is only entitled to possession of the goods sold subject to retention of title until we make use of our retention of title and thereby withdraw from the contract. If goods subject to retention of title are taken back, we shall issue a credit note in the amount of the current value.

Warranty & Complaints
Within the scope of the following conditions, we are liable for material defects upon passing of risk.
For business transactions with companies, the aforementioned claims expire in all cases after 12 months. The limitation period begins upon delivery (receipt by the customer) of the goods to our customer. The limitation of one year shall not apply with regard to claims for damages in accordance with Section 437(3) BGB, provided that we are guilty of intent or gross negligence. In this case, the statutory deadlines apply.

Tyres for which liability for material defects is claimed should be sent to us together with the fully completed complaint form to enable us to check the customer's complaint. The complaint form can be requested using the contact details provided. Please send us an informal letter regarding any complaints about rims and accessories to reklamation@rrteam.de. Defects should be reported as soon as possible, at the latest within 8 working days of delivery (receipt by the customer). In the event of non-compliance with this period for notification of defects, the goods delivered by us shall be considered approved. Claims for material defects are excluded in this case, unless they are claims for damages in accordance with Section 437(3) BGB, provided that we are guilty of intent or gross negligence.

We are entitled to choose between rectification of defects or replacement delivery. If two attempts to rectify the defect or provide a replacement delivery fail, our customer shall be entitled to choose between a reduction in price (reduction) or withdrawal from the contract. In the event of a replacement delivery, we shall be entitled to issue a lower credit note in accordance with the degree of wear of the fault tyre or the condition of the rims and accessories. Claims for material defects against us are excluded if defects, impairments or damage are due to the fact that

In the event of a justified notice of material defects, we shall bear all necessary expenses incurred in connection with the warranty processing.

Disputes concerning claims for material defects and complaint processing shall be settled by the independent arbitration board of the Bundesverband Reifenhandel und Vulkaniseur-Handwerk e.V., Bonn, if our customer or if we, in agreement with the customer, call upon it in writing immediately after becoming aware of the dispute. Appealing to the arbitration board does not exclude legal recourse.

The limitation period for any claims shall be suspended for the duration of the arbitration proceedings. The arbitration board shall not act if legal action has already been taken; it shall cease its activities if this occurs during the arbitration proceedings. The procedure of the arbitration board shall be governed by its internal regulations, which shall be provided to the parties by the arbitration board upon request. The arbitration procedure is free of charge for both parties.

Liability
We shall only be liable for damages if we or our vicarious agents are guilty of intent or gross negligence. Furthermore, we shall be liable if characteristics have been assured or guarantees have been given or if the damage has been caused by our delay or by impossibility of performance for which we are responsible. We are also liable in the event of a breach of fundamental contractual obligations. Liability in the aforementioned cases is also limited to the typical damages foreseeable at the time of conclusion of the contract; this does not apply if physical injury, life and health are affected and not in the case of product liability. Otherwise, claims for damages against us are excluded.

Place of fulfilment / place of jurisdiction
The place of fulfilment and place of jurisdiction for all claims arising from the business relationship is Gießen, Germany.

Statutory right of cancellation
Cancellation policy:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery.

To comply with the cancellation period, it is sufficient to send written notification that you are exercising your right of cancellation or returning the goods or requesting their return to the following address:

RR TEAM GmbH, Schottener Str. 42, 35321 Laubach - E-Mail: kontakt@rrteam.de -

You can also electronically fill out and submit the cancellation form template or another unambiguous declaration via the contact form on our website. If you make use of this option, we will immediately send you a confirmation of receipt of your cancellation.

Consequences of cancellation:
If you cancel this contract, we shall credit you with all payments we have received from you, less any freight and return costs incurred and the restocking fee. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund. We can refuse the refund until we have received the goods back.

In the event of deterioration of the goods and for benefits (e.g. benefits of use) which cannot be returned or can only be returned in part or only in a deteriorated condition, you are obliged to compensate us for the lost value. You only have to pay for any loss in value of the goods if this loss in value is due to unnecessary handling of the goods in order to check their condition, properties and functionality.

Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of the goods or the request for return. For us it begins with the receipt of the goods.

The return of the goods will be arranged by us, but will be offset against the credit note. Otherwise, the return costs are to be borne by you.

Cancellation form template
To RR TEAM GmbH
Schottener Str. 42
35321 Laubach

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Date
_____________________

(*) Delete as applicable

End of the cancellation policy


Customer Care
You can reach our service team Monday - Friday from 8.00 am - 5.00 pm:

Telephone: +49 (0) 6405-9103 0
E-Mail: kontakt@rrteam.de


Statutory liability for defects and further information
Statutory liability for defects applies.
You can view these terms and conditions in our web shop. You can also print or save this document by using the standard function of your internet browser.

Additionally, you can archive the GTC and the data of your order by downloading the GTC.

The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.


RR TEAM GmbH Schottener Str. 42
35321 Laubach
Represented by the managing directors: Arno Bach, Tiemo Emig
Registered in the Commercial Register of the Local Court of Gießen
Commercial Register No. HRB 2348
VAT ID No: DE 811490762
Headquarters: Laubach

Contact

Telephone: +49 (0) 6405-9103 0
E-Mail: kontakt@rrteam.de