General Terms and Conditions of A & O GmbH
Date 31 Jan 2017
1. General, customer group, language
(1) All offers, deliveries and services based on orders from our customers (hereinafter “customers”) via our order platform https://daimlerbuses-printshop.com (hereinafter “order platform”) are governed by these general terms and conditions.
(2) The product offering on our order platform is directed equally at consumers and operators. For the purposes of these general terms and conditions,
(i) a consumer is any natural person who concludes the contract for purposes that are not related to his or her commercial or independent occupation (§ 13 of the German Civil Code [BGB]) and
(ii) an operator is a natural person or legal entity or a partnership with a legal capacity, which acts in exercise of its commercial or independent occupation when concluding the contract (§ 14 Paragraph 1 BGB).
(3) The customer’s terms of business shall not apply, even if we do not specifically refute their validity.
(4) The contracts with the customer shall be concluded in only German or English, based on whether the customer submits the order via the German or English version of the online shop. If a customer order is placed via the German website, only the German version of these general terms and conditions applies. If a customer order is placed via the English website, only the English version of these general terms and conditions applies.
2. Contract conclusion
(1) Our offers in the online shop are not binding.
(2) By placing an order in the online shop, the customer makes a binding offer to buy the product in question. We can accept the offer up until the end of the third working day after the day of the offer.
(3) On receipt of the offer, we shall immediately send the customer confirmation that the offer has been received. This does not constitute an acceptance of the offer. The offer is only deemed accepted by us when we inform the customer of its acceptance (by e-mail) or dispatch the goods. The purchase contract with the customer only comes into existence when we accept the offer.
(4) Every customer that is a consumer is entitled to revoke the offer and return the goods in accordance with the cancellation and returns policy made available to the customer during the order process.
3. Prices and payment
The items to be procured via our order platform are generally free of charge to customers including delivery.
4. Shipping of the goods
(1) Periods and deadlines specified by us for the shipping of the goods apply only approximately and may therefore be exceeded by up to four working days. This does not apply if a fixed shipping date has been agreed.
(2) All delivery periods specified by us during the order process or otherwise agreed start after the delivery confirmation has been sent.
(3) For adherence to the shipping date, the date on which we transfer the goods to the shipping company is decisive.
(4) Even if goods are marked on the order form as “in stock” we are at any time entitled to deliver these goods to third parties if the order form states that availability of the goods is restricted. In these cases, shipment shall only be made within the agreed period or the period specified by us as long as stocks last.
(5) If a delivery period is not specified or otherwise agreed, or we are no longer obliged to adhere to an agreed delivery period as a result of delivery permitted by Paragraph 4, a shipment within three weeks from the start of the delivery period according to Paragraph 2 is deemed to be agreed.
(6) If our supplier failed to supply on time goods indicated on the order form as “not in stock” or that were delivered in accordance with Paragraph 4, the delivery period according to this Clause 4 is extended up until delivery by our supplier plus a period of three working days, however by a maximum period of three weeks, provided we were not to blame for the delay in the delivery from our supplier and immediately ordered more of the goods.
(7) If the goods cannot be delivered, or cannot be delivered on time, for one of the reasons stated in Paragraph 6, we shall immediately inform the customer of this. If the goods are not available from our supplier for the foreseeable future, we are entitled to withdraw from the delivery contract. The customer’s statutory rights due to delayed delivery are not affected by the above ruling, whereby the customer can only claim damages subject to the provisions of Clause 9 of these general terms and conditions.
(8) We are entitled to provide partial deliveries of products that are combined in an order and can be used separately.
5. Shipping, insurance and transfer of risk
(1) Unless otherwise expressly agreed, we shall define the appropriate type of shipping and the transport company at our equitable discretion.
(2) We are responsible only for the timely, correct delivery of goods to the transport company and are not responsible for delays caused by the transport company.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss is transferred to the customer at the point when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk, if we are only responsible for the shipment, is transferred to the customer on delivery of the goods to the transport company.
6. Retention of title
Without our prior written consent, the customer is not entitled to sell on to third parties goods delivered by us that are still under retention of title. The free-of-charge transfer of information material is permitted as long as this has not been expressly forbidden. Furthermore, the rulings printed on the back page of the delivered brochures apply.
(1) If the delivered goods have a material defect, the customer can initially demand that we eliminate the fault or deliver defect-free goods. However, if the customer is an operator, we can choose between eliminating the defect and delivering a defect-free item; this choice can be made only by notification in text form (including by fax or e-mail) to the customer within three working days from receipt of notification of the defect. We can refuse the type of supplementary performance chosen by the buyer if this can only be achieved with disproportionate costs.
(2) If the supplementary performance in accordance with Clause 7 (1) fails or the customer cannot be reasonably expected to accept it, the customer is entitled, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price or demand compensation for damages or for wasted expenditure. For customer claims for damages, the specific provisions of Clause 9 of these general terms and conditions also apply.
(3) The warranty period is two years from delivery.
(4) For operators only, the following applies: The customer must carefully inspect the goods immediately after shipment. The delivered goods are regarded as having been accepted by the customer if a defect is not reported to us
(i) within five working days after delivery, in the case of obvious defects or
(ii) within five working days after discovery of the defect, in other cases.
8. Industrial property rights and copyright
The customer is not entitled to make copies of the brochures or information materials
(1) We are not (for whatever legal reason) liable for damages that are not typically to be expected during normal use of the software. The aforementioned restriction to liability does not apply in the event of wilful intent or gross negligence.
(2) The restrictions in this § 9 do not apply for our liability for guaranteed quality features within the meaning of § 444 BGB, loss of life, physical injury or impairment of health, or in accordance with product liability law.
10. Data privacy
(1) We may process and save the data relating to purchase contracts insofar as this is required to process the purchase contract and as long as we are obliged to keep this data due to legal requirements.
(2) We reserve the right to transfer customers’ personal data to credit agencies if this is required for the purpose of a credit check, provided the customer provided express consent to this in the individual case. Otherwise, we will also not forward personal customer data to third parties without the customer’s expressly declared agreement except if we are legally obliged to surrender it.
(3) We are not permitted to elicit, transfer or otherwise process personal customer data for purposes other than those stated in this Clause 10.
11. Dispute resolution for consumers in accordance with the consumer dispute resolution act
(1) The consumer arbitration board responsible for the company A & O is the general consumer arbitration board of Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, phone 07851 / 795 79 40, fax 07851 / 795 79 41, e-mail: email@example.com, website: www.verbraucher-schlichter.de.
(2) The company A & O GmbH is not prepared or obliged to take part in dispute resolution proceedings before a consumer arbitration board.
12. Applicable law and place of jurisdiction
(1) The delivery contract that exists between us and the customer is governed, subject to compulsory regulations under international private law, by the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts.
(2) If the customer is a trader within the meaning of § 1 Paragraph 1 of the Commercial Code (HGB), a legal entity under public law or a special fund under public law, the court is Rodgau.
Please note: The Daimler Buses web shop is an online service from A&O GmbH. The A&O GmbH general terms & conditions regarding business, delivery and payment apply.