TERMS AND CONDITIONS
Terms and Conditions (Translation from our German content. German content is main and valid and will be added to each invoice).
1.1 Scope These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relations between us and LOMA BALEARES SL, Av. Ricardo Soriano 72, 29601 Marbella, Spain and you. If you use conflicting terms and conditions, this is hereby expressly contradicted.
1.2 Contract Agreement Contract language is German. The display option in English serves only as an aid. Verbal agreements that you make with our employees require the confirmation of the managing director in text form.
1.3 Conclusion of contract
1.3.1 Online Shop The presentation of the assortment in our online shop is initially non-binding. The ordering process consists of a total of five steps. In the first step you select the desired goods. In the second step, enter your data including delivery address. In the third step you select the shipping method and in a fourth step, you can specify your desired method of payment and note a different billing address. In the fifth step, you have the opportunity to review all information (for example, name, address, method of payment, ordered items) again and correct any input errors before you confirm your order by clicking on the button "order with payment". By placing an order, you bindingly declare your contract offer. We will confirm the receipt of the order immediately. The confirmation of receipt does not represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, by post or by notifying the dispatch of the goods. Only with the assumption the contract comes off. The contract text will be stored by us and sent to you after sending your order together with the present GTC and customer information in text form (eg e-mail, fax or post). However, the contract text can no longer be retrieved from you after sending your order via the website. You can use the print function of the browser to print out the relevant website with the contract text.
1.3.2 Individual If the order is not made through our shop, the contract is concluded individually by offer and acceptance. Unless otherwise agreed here is the usual procedure that you ask us a request and then receive from us a binding offer, which you can then accept within two weeks. With the acceptance of the contract comes off. A separate storage of the contract text by us does not take place, but the content of the contract results individually from the agreement.
1.4 Your details We always carry out your order according to your specifications and do not check this to your particular application. You are required to provide us with all necessary information for your order prior to performing the order, otherwise we will not be able to begin with our performance (e.g., vehicle specifications, model, year of manufacture). We can not be held responsible for any delays caused by a failure to cooperate on your part. In this case, we reserve the right to assert the delay damage incurred by us in this case.
2. Performance and delivery
2.1 Service provision We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.2 Partial deliveries We are entitled to partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.3 Delivery and service delays Delivery and service delays due to force majeure circumstances and due to extraordinary and unforeseeable events, which can not be prevented by utmost care from us (this includes in particular strikes, official or court orders and cases of improper or improper self-delivery despite We are not responsible for this. They entitle us to postpone the delivery for the duration of the obstructing event.
2.4 Withdrawal In case of unavailability for reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse immediately any consideration already paid.
2.5 Exclusion of delivery PO Box addresses are not supplied.
2.6 Default of acceptance If you are in default of acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for delay or non-performance. During the default of acceptance you carry the risk of accidental loss or accidental deterioration.
2.6 Performance time Please note that our delivery times depend heavily on the delivery times of our partners and therefore lead to longer delivery times. Of course, we always endeavor to send you the goods as soon as possible. Unless otherwise expressly agreed, delivery will be made by us within 90 days. The deadline for the delivery is in advance payment the day after the payment order to the referring bank. The deadline ends on the following ninetieth day. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the deadline ends on the next working day.
3.2 Late payment
You will be in default of payment if the payment is not received within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at the rate of 5 percentage points above the base rate of the European Central Bank, or
9 percentage points above the base rate of the European Central Bank in legal transactions in which a consumer is not involved. If you fall into arrears with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The assertion of a further compensation remains at liberty. You have the opportunity to prove that we have incurred no or less damage.
3.3 Deposit If you have already made a down payment and you receive from us the notification of readiness for shipment of your goods, you have to pay us the remaining amount within 14 days after receipt of this notice, otherwise you also fall into arrears.
3.4 Right of retention The assertion of a right of retention only applies to those counterclaims that are due and based on the same legal relationship as your obligation.
4. Cancellation Policy for Consumers in Distance Contracts Cancellation Policy Right of Withdrawal You have the right to withdraw from this contract within fourteen days without stating reasons. 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 or has taken possession of the goods / the last goods. To exercise your right of withdrawal, you must inform us (LOMA BALEARES SL, Av. Ricardo Soriano 72, 29601 Marbella, Spain, tel: +34 952 768 464, e-mail: email@example.com) by means of a clear statement (eg a with letter or e-mail sent by post) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from the fact that you have a different type of delivery than that offered by us, the most favorable standard delivery), immediately and at the latest within fourteen days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. - End of the cancellation policy - Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of an individual choice or determination by the consumer or are clearly tailored to the personal needs of the consumer (eg individual engraving on customer request). Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. Special instructions for premature termination of the right of withdrawal In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely, if the seal of the goods was removed after delivery. For contracts for the delivery of sound or video recordings or computer software in a sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.
5. Your responsibility
5.1 General You are solely responsible for the content and accuracy of the data and information provided by you. You also undertake not to transmit any data whose content violates the rights of third parties or violates existing laws. By confirming the transfer of data to us you confirm that you have complied with the copyright regulations.
5.2 Indemnity You indemnify us from all claims asserted against us by third parties for such violations. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup You are jointly responsible for securing the transmitted information. We can not be held responsible for the loss of your transmitted information as we do not provide a general data protection guarantee.
5.4 Duty to cooperate You are obligated to provide the cooperation services necessary for the contract so that we can perform the contractual service.
5.5 Reviews Before you rate us or report on us and describe negative experiences, we ask you to contact us in advance directly, so we can take care of your matter and can find a consensual consensus with you. Should you intentionally slander us and / or defame us or assert untrue facts about us, we will have this reported or warned and demand a declaration of omission. The resulting costs have to be borne by you.
Information about application possibilities of the goods sold by us (for example about suitable sizes and widths of the rims) as well as the technical advice and other information are given to the best of our knowledge and belief and based on experience. It also applies in this respect our disclaimer and reservation. However, you must always ensure that you inform yourself about an order and check that it is suitable for your intended purpose (for example, if the software of your car is suitable for you).
5.7 Specifications You must always comply with the statutory regulations and in particular those concerning the registration of your car (eg TÜV). Our TÜV information is based on strength reports and not on article descriptions or parts reports. However, it is up to the TÜV examiner whether he allows a wheel or not. We are happy to assist you but can not influence or determine the discretion of the respective engineer.
6. Retention of title
6.1 General If you are an entrepreneur, the goods, works and materials supplied by us remain our property until the complete fulfillment of all current and future claims arising from the business relationship. With respect to consumers, only the delivered product from the specific contract until full payment of the purchase price remains our property. You must treat the goods subject to retention of title at all times. You assign to us a claim or compensation that you receive for the damage, destruction or loss of these items. Unless otherwise agreed upon below, you are not entitled to sell, give away, pledge or transfer for security the items delivered under retention of title.
6.2 Attachment and other impairments If the item subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that an action can be brought. If the third party is unable to reimburse the judicial and extrajudicial costs of a claim, you are liable for the loss incurred by us.
6.3 Resale If you are an entrepreneur, you are entitled to resell the reserved goods in the normal course of business. The claims of the customer from the resale of the reserved goods you already assign to us in the amount of the agreed final invoice amount (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. You remain authorized to collect the claim even after the assignment. The right of us to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you fulfill your payment obligations from the proceeds received, are not in default of payment and, in particular, there is no application for the opening of insolvency proceedings or suspension of payments.
6.4 Reconstruction, treatment and processing As far as you are an entrepreneur, the processing and conversion of the purchased item by you is always on behalf of and on behalf of us. In this case, your right to expectancy continues to the purchase thing at the converted thing. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the objective value of the purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that your item is to be regarded as the main item, it is deemed agreed that you transfer pro rata co-ownership to us and keep the resulting sole ownership or co-ownership for us. To secure the claims against you, you also assign to us such claims that accrue to you by connecting the reserved goods with a property against a third party; We already accept this assignment.
6.5 Withdrawal If you act in breach of contract by you, in particular in default of payment, but also in the case of applying for insolvency proceedings on your assets, we are entitled to take back the thing. In the withdrawal of the thing in this case is no resignation from the contract, unless we explain this explicitly in writing.
6.6 Release of Collateral If the value of the collateral exceeds the value of the secured claims by more than 15 percent, we are obliged to release collateral at your request.
7.1 Warranty claim There are statutory warranty rights. A warranty claim can only arise with regard to the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, technical and creative deviations may occur (eg color, weight, dimension, design or design, scale, positioning, etc.). ), as far as these changes are reasonable for you. Such reasonable reasons for change may arise from commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions for each product. Possible guarantees do not affect the warranty rights.
7.2 Guarantee to consumers The risk of accidental loss or deterioration of the goods sold is only transferred to you upon delivery of the goods. If you realize that the outer packaging arrives damaged or notice damage on receipt of the goods, we ask you to inform us. However, there is neither a duty to make such a notification, nor are the warranty rights affected by any failure to do so. If the goods are defective, you can optionally demand supplementary performance in the form of repair or subsequent delivery. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw or reduce the price.
7.3 Warranty vis-à-vis entrepreneurs Contrary to the statutory warranty provisions, in the case of a defect we, at our option, provide supplementary performance in the form of remedying the defect or redelivery. The risk of accidental loss or deterioration of the item already passes to you upon transfer to the person intended for transport (for example UPS, DHL). Entrepreneurs must immediately report obvious defects and non-obvious defects immediately upon discovery in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
7.4 Rights in the case of insignificant defects If there is only an insignificant defect, you are entitled to the reasonable reduction of the purchase price, excluding the right of withdrawal.
7.5 Compensation for Defects No warranty is given for damages resulting from improper handling, assembly or use (for example by you or a workshop commissioned by you). The following disclaimer is expressly indicated.
7.6 Limitation For used goods, the warranty is 1 year. As far as you are an entrepreneur, the warranty for used goods is excluded and for new goods, this is 1 year. Excluded from this is the recourse claim. The shortening of the statute of limitations expressly excludes the liability for damages resulting from injury to life, limb or health or in case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
8.1 Disclaimer We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (hence obligations whose fulfillment is of particular importance for the purpose of the contract) are concerned, slight negligence is also liable. The liability is limited to the foreseeable, contract-typical damage. In the case of a grossly negligent breach of non-essential contractual obligations, we are liable to contractors only in the amount of the foreseeable, contract-typical damage.
8.2 Liability The above disclaimer does not cover liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.
9.1 General Personal data collected and processed by us within the framework of the conclusion of the contract and the execution of the contract serve exclusively to justify the contract, content, execution or execution of the contractual relationship (Art. 6 I b DSGVO). They are not passed on to third parties. Merely for the fulfillment of the contract, the data will be forwarded to the shipping company responsible for the delivery, insofar as this is necessary for the delivery of ordered goods. In order to process payments, the necessary payment data will be forwarded to the credit institution commissioned with the payment and, if applicable, to the commissioned and chosen payment service provider. The use of personal data is therefore only to the extent necessary or if we are required by law or by court order or, if necessary, in a lawful manner to prevent improper use contrary to the General Terms and Conditions.
9.2 Storage We store your personal data after the end of the purpose for which the data was collected, only as long as required by law (in particular tax law).
9.3 Your rights with respect to your data
9.3.1 Information You can ask us for information about whether we process personal data of you and if so you have a right to information about these personal data and to the additional information mentioned in Art. 15 GDPR.
9.3.2 Right to correction You have the right to correct incorrect personal data concerning you and may request the completion of incomplete personal data in accordance with Art. 16 GDPR.
9.3.3 Right to cancellation You have the right to demand that the personal data concerning you be deleted immediately. We are obligated to delete these immediately, especially if one of the following reasons applies:
• Your personal information is no longer necessary for the purposes for which it was collected or otherwise processed.
• You revoke your consent to the processing of your data and there is no other legal basis for processing.
• Your data was processed unlawfully. The right to delete does not exist if your personal data is necessary for the assertion, exercise or defense of our legal rights.
9.3.4 Right to restriction of processing You have the right to demand that we restrict the processing of your personal data if • you deny the accuracy of the data and we check the accuracy, • the processing is unlawful and you reject the deletion and Instead, we require the restriction of use • we no longer need the data, but you need it to assert, exercise or defend legal claims, • you have objected to the processing of your data, and we have not yet determined whether our legitimate reasons are against your reasons predominate.
9.3.5 Data Transferability You have the right to receive personal data relating to you provided to us in a structured, common and machine-readable format and you have the right to transfer this data to another person without hindrance, if the processing is based on a consent or a contract and the processing is carried out by us using automated procedures.
9.3.6 Withdrawal As far as the processing of your personal data is based on a consent, you have the right to revoke this consent at any time.
9.3.7 General and right to complain The exercise of your above rights is basically free of charge. You have the right to contact the responsible data protection supervisory authority for complaints directly.
9.4 Responsible body / contact for data protection
To contact us regarding privacy, please feel free to contact us using the contact information below. Responsible within the meaning of the DSGVO:
LOMA BALEARES SL represented by its CEO: Mario Radosavljevic Telephone: +34 952 768 464 E-mail: Av. Ricardo Soriano 72 29601 Marbella Spain
10. Final provisions
10.1 Place of Jurisdiction Marbella, Spain shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law or unless you have jurisdiction in Spain.
10.2 Choice of law Unless mandatory statutory provisions in accordance with your home law preclude Spanish law, excluding the UN Sales Convention, as agreed.
10.3 Consumer dispute resolution The EU Commission has set up an internet platform for the online settlement of disputes regarding contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/ consumers / odr /. We are not prepared and obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10.4 Severability clause The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.