Terms.

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Yido Wheels GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods which a consumer or business customer (hereinafter “Customer”) concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business or profession.

1.3 A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller; they serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to contract in respect of the goods contained in the cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email or by telephone.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the point in time at which the first of the above alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal terms of use. If the Customer pays by means of a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the point in time at which the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The Customer can correct entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service “Klarna” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms can be found under Payment & Shipping.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provision made in the Seller’s withdrawal policy applies if the right of withdrawal is effectively exercised.

5.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. If the Customer commissions the forwarding agent or carrier themselves and the Seller has not previously named this person, the risk passes upon delivery to that person.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to itself. This applies only if the Seller is not responsible for the non-delivery and has, with due diligence, concluded a specific covering transaction with the supplier. In the event of unavailability, the Customer will be informed without delay and any consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

6.1 Towards consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 Towards business customers, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as a business customer, it further applies that the Seller is deemed the manufacturer in the event of processing and acquires title to the newly created goods; in the event of combination or mixing, the Seller acquires proportional co-ownership. The Customer may resell the goods subject to retention of title only in the ordinary course of business and assigns the resulting claims to the Seller in advance. If the value of the security rights exceeds the secured claims by more than 10%, the Seller will release a corresponding share on request.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as a business customer, the Seller has the choice of the type of subsequent performance; for new goods, the limitation period for claims for defects is one year from delivery; for used goods, claims for defects are excluded; in the event of replacement delivery, the limitation period does not begin anew.

7.2 The above limitations of liability and shortened periods do not apply to claims for damages and reimbursement of expenses by the Customer, in the event of fraudulent concealment of a defect, for goods that have been used for a building and have caused its defectiveness, or to any obligation to provide updates for goods with digital elements.

7.3 For business customers, the statutory limitation periods for any right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty to examine and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the notification obligations, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are asked to report goods delivered with obvious transport damage to the deliverer and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee, and on the basis of mandatory liability such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited under the preceding paragraph. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, the Seller is entitled to bring proceedings before the court at the Customer’s registered office.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.