§ 1 Preface

1. These standard business conditions are addressed to customers, who are consumers in terms of § 13 „BGB“ (German Civil Code).

2. All kinds of consignments and services, which we fulfill for the customer, are exclusively realized on the basis of the succeeding Standard Business Conditions( version that is valid at the determination).Variances of these Standard Business Conditions are only legally effective, if we accepted them before in written form.

§ 2 Conclusion of the contract

1. Orderings from our online-shop are only realizable on the internet. Our offers on the internet demonstrate a noncommittal invitation to the customer to order merchandises.
2. By ordering the desired merchandises on the internet or via e-mail, via fax or via phone, the customer submits a binding quote to conclude an act of sale. We have the right to accept this offer within a period of 14 calender days by sending you an acceptance of order or the ordered merchandise.The acceptance of order is also valid through the transmission by an e-mail; if you order per our online-shop, you will get the acceptance within 2 days.

§ 3 Consignment

1. The consignment is realized contrary to an all-inclusive price for the package and the transmission, which amount is accordingly to every single consignment.
2. We are at pains to deliver the ordered article as soon as possible to the customer. Normally, the consignment of the ordered articles to the customer occurs within a period of two weeks. Quoted delivery times are by the way not considered as a guaranty.
3. If we should not preserve the delivery time, mentioned in numeral (2), because of reasons that we don´t have to represent (e.g. the ordered article is not available), we will inform the customer immediately and simultaneously determine a new adequate delivery term. If the ordered article is even not available within that new delivery time, we have the right to withdraw from the contract. If the customer already has fulfilled an equivalent, we will compensate this directly.

§ 4 Prices – Payment terms

1. If you order via our online shop, the prices mentioned on the day of the ordering are relevant. They always include the legal value added tax. If we update our internet pages, concerning the online shop, all kinds of former prices and other data about the products are invalid.
2. Indications of prices are realized to the best of one´s knowledge. If our internet page should have an obvious mistake anyway, e.g. a clerical error or a miscalculation, we concede an immediate right of withdrawal to the customer.
3. The forwarding expenses and other carrying costs are specially designated and calculated.
4. You have the opportunity to pay per cash on delivery, prepayment or PayPal. To ensure our financial risk, we reserve ourselves in individual cases only to realize the consignment contrary to prepayment.
5. The customer only has the right to accumulate his requirements against ours, if his own requirement is indisputable or legally detected. The customer has got the right of retention, because of opposite requirements from the same contractual relationship.

§ 5 The customer´s right of revocation as a consumer
The customer is allowed to revoke the ordering, accordingly to the determinations of the succeeding instructions:
„Instructions in case of revocation
Right of revocation
You are allowed to revoke your declaration of the contract within one month without mentioning any reasons, if you write us a text (e.g.letter, fax,e-mail) (or just send us back the product). The time limit begins soonest after the receipt of these instructions in written form; in case of transactions in commodities via internet, the time limit with the receipt of these instructions only begins, if you have received any kind of informations at this time, according to the right of distance selling, and if all essential duties for the electronic business connections are fulfilled; if you get the merchandise transmitted, the time limit begins first after the receipt of the product, if you have received these instructions at that time and if the aforementioned duties are fulfilled. To protect the time limit of the revocation, you only need to send us your revocation (or the product).The revocation has to be addressed to:

Bertelshofer.com – Trailer hitches
Owner: Stefan Bertelshofer
Glockenbecherstr. 6
86706 Weichering

Fax : +49(0)84 54 - 91 29-20
e-mail: kontakt ( at ) bertelshofer.com

Consequences of the revocation
In case of a legally effective revocation, the benefits of both signatories have to be retracted. If you are not able to return us the merchandise completely (or only fractional) or in a declined actual state, you will have to replace it where necessary. (During the surrender of goods, this clause is invalid, if the decline of the merchandise exclusively refers to its checking (as it would have been possible for you in the retail store). By the way, you are able to avoid the duty to replace the merchandise, if you don´t treat the product as if it was your property and neglect anything that reduces its value. Products which are able to be sent by parcel transmission have to be sent back. You will have to pay for the reconsignment, if the delivered merchandise corresponds to the ordered one and if the price of the merchandise doesn´t outvalue an amount of 40 Euros or if, in case of a higher amount, you haven´t fulfilled the equivalent or the partial payment as contracted yet. Otherwise the reconsignment will be exempt from charges. Merchandises which can´t be sent by parcel transmission will be collected at your´s.) You have to fulfill your obligations of the rebate of payments within 30 days after the posting of your declaration of revocation.In case of a legally effective revocation, the benefits of both signatories have to be retracted. If you are not able to return us the merchandise completely (or only fractional) or in a declined actual state, you will have to replace it where necessary. (During the surrender of goods, this clause is invalid, if the decline of the merchandise exclusively refers to its checking (as it would have been possible for you in the retail store). By the way, you are able to avoid the duty to replace the merchandise, if you don´t treat the product as if it was your property and neglect anything that reduces its value. Products which are able to be sent by parcel transmission have to be sent back. You will have to pay for the reconsignment, if the delivered merchandise corresponds to the ordered one and if the price of the merchandise doesn´t outvalue an amount of 40 Euros or if, in case of a higher amount, you haven´t fulfilled the equivalent or the partial payment as contracted yet. Otherwise the reconsignment will be exempt from charges. Merchandises which can´t be sent by parcel transmission will be collected at your´s.) You have to fulfill your obligations of the rebate of payments within 30 days after the posting of your declaration of revocation.
Ending of the instructions in case of revocation“

§ 6 Damage in transit

If products are delivered with obvious damages of the package or the content, the customer has to complain about this at the forwarder/cargo-ship without prejudice of his warranty rights, and he also has to contact us immediately, so that we are able to administrate our rights towards the forwarder/cargo-ship.

§ 7 Guarantee

The claims of the customer towards us because of defects act in accordance with the legal arrangement within the legal time limit, as far as here don´t arise any deviations because of the following regulations. Damages, which result because of faulty or contrary to the contract measures of the customer, particulary during the mounting, the assembling, the connection, the operation or the storing, don´t justify any claim towards us.

§ 8 Liability

1. For damages except from injury of life, body and health, we only adhere, if this results from an intentional or a grossly negligent behaviour or from a culpably concealment of an important contractual obligation of us, or from our auxiliary persons. Any other liability of compensation for damages is excluded. The determinations of the Product Liability Act remain the same. If an important contractual obligation is violated carelessly, our liability oft he predictable damage is limited.
2. The data communication via internet cannot always be guaranteed without mistakes and/or always be disposible. So we don´t adhere for the permanent and continuous availability of the online-shop.
3. As far as we refer in some passages with links to other internet pages, we advert that we don´t have any influence on the design and on the content of the linked pages. Therefore we dissociate emphatically from any content of every linked page of a third person and we don´t adopt those contents. We don´t take a liability therefore.

§ 9 Reservation of proprietary rights

1. Until the merchandise is completely paid, it remains our property.
2. Before the mutation, a pledge, a chattle mortgage, a machining or a deformation is not acceptable without our emphatic agreement.

§ 10 Data protection

We inform you, that we will store the data of the customer, that we admit during the conclusion of the contract, to execute his ordering. We will treat the personal data of the customer in consideration of the actual regulations of the data protection law. This data could, with the intention of credit assessment, also be transmitted to authorised agents and , according § 11 of German Data Protection Law, also to selected partners and especially to the „SCHUFA“ ( German Credit Control).

§ 11 Final Provisions

1. The law of the Federal Republic of Germany counts, with the exclusion of the Sales Law of the UN.