DELTICOM

Joint-Stock Company

 

 

DELTICOM AG - General contractual conditions

 

 

 

§ 1 Conclusion of the contract / Order procedure

 

With the aid of our Internet portals, you have the possibility to order articles presented there through Internet forms or via fax, it is to say by telephone. If you it registered the data required in the order process and sent this order, you made a firm tender; thus, the orders by telephone, by fax or by Internet have the same legal validity. By this order, you declare in a manner that makes you liable, that you accept these AGB (general contractual Conditions) and that you desire to acquire the requested article. We will confirm the entry of your order through a confirmation of the entry; this confirmation of the entry does not represent an acceptance of the order. The contract takes effect on the moment of the articles receipt with your approval, but the later after the expiry of the due return term of 14 days.

 

§ 2 General conditions of delivery and payment

 

Information concerning the expenses of packing and shipment and the payment conditions also, can be taken over from the delivery and payment conditions from the respective Internet portal. For the deliveries abroad, we reserve the right to limit, if case, the election of the payment modalities.

 

 

§ 3 Instructions concerning the revocation

 

You it can revoke, in two weeks term, the contract statement that you made, without mentioning the reasons, in text form (for example fax, email). The term runs more early beginning with the date of the articles receipt. In order to frame in the revocation term, it is enough to send on time the revocation or the goods. The revocation will be directed to:

 

E-mail:  Ruecksendung@delti.com  or

            Fax:           0049 - (0)89-208080810  or

            Telephone: 0800 3286532 (free),

            Service hours:    Mo-Fri 06.00-21.00 hrs, Sa-Sun 08.00-16.00hrs
            Address:    Delticom Tyres Ltd.

                              9 Thames Street,
                              Charlbury
                              Oxford
                              OX7 3QL

 

We ask you that, within your declaration of revocation, you willfully communicate to us the reason of your restitution, and there will be also registered other necessary information for a quick and efficient processing. In order for you to have no problem with the restitution, we will take the articles from you and restitute the value of the invoice at the bank registered to us. Thus, you don’t have to send any article back to the administrative address in Hannover (the direction was mentioned by obligatory nature anticipated by the Law).

 

 

 

 

 

 

§ 4 Legal consequences of the revocation

 

In case of a valid revocation, the supplies/payments received by both parties will be given back, and the possible obtained benefits (e.g. interests) will be submitted. In case you cannot give us back, partially or totally, or only in a worsen state, the received supplies, you will have, if it case, to compensate the respective value to us. In case of goods transfer, it does not apply if the depreciation of the object can be exclusively explained of its checking – as you had the possibility to do it in a shop. Otherwise, you will be able to avoid value compensation using the respective good as a good owner and giving up everything that could affect its value. Both the goods that can be sent by package, and the objects that cannot be packed can be taken from you. You will bear the return shipment expenses in case the delivery corresponds to your order and the price of the good that must be sent back does not surpass the amount of 40 Euro.

 

- End of the instructions regarding the revocation -

 

 

§ 5 Our restitution tender in 30 days term

 

We desire that you are content of all our deliveries. This is why you can give back, in 30 days term, any item bought from us. This agreement surpasses the legal conditions providing that you are entitled to revocation only in two weeks terms from the articles receipt. Our restitution tender in 30 days term makes an exception, and for a legal possibility of revocation according to § 312b BGB (/German Civil Code), the article deliveries made according to the customer’s specification. There are included here, among others, the delivery of complete wheels that we made individually for each customer.

 

Our restitution tender does not also include the shipment expenses. This means that, in case of contracts with consumers which are to be revoked after the legal revocation term expiry (between the 15th and the 30th day), a forfeit (lump sum) amount is to be charged of shipment expenses. Generally, the enterprisers bear themselves the shipment expenses. Other information, especially those regarding the shipment expenses and our restitution tender in 30 days term, can be found in the respective Internet portal.

 

Please use our transport packing. Protect the articles against the damages. The tires will be prepared for shipment after having been cleaned and will be tied two by two. Moreover the complete wheels will have to be protected in the frontal and posterior part with a sufficient amount of cardboard and band for packages. In case of damages caused by incorrect handling or by deficit packing when returning, we are entitled to request recovery of damages. The transport companies will take only sufficiently packed articles.

 

§ 6 Reserve of the property right

 

We reserve the property right of all the articles delivered by us, until the accomplishment of all our debts next to you or next to the one taking over the articles. This clause is also valid for debts subsequently appearing. In order to claim our property right we are entitled to ask for the immediate submission of articles, excluding any holding back right, except for the case there are counter-claims legally set or not contested.

 

 

 

 

§ 7 Liability for our Internet portals deficiencies

 

The Internet pages are offered in the structure we considered to be good. We do not guarantee that the Internet portals correspond to you claims and that they are at your disposal in any moment, without interruptions, on time, safe and without errors. The use of the Internet portals becomes by own risk; we take upon ourselves no liability for the results that can be obtained by you, using the Internet portals, and neither for the correctness of the information within the Internet portals.

 

 

§ 8 Protection of intellectual property

 

The texts, the images, the sound background, the graph, the animation and the videos, as their disposition on our Internet page, comply to the protection of copyright and to other protection laws. The content of this webpage cannot be copied, spread, modified or made accessible for third parties. Additionally, some of our Internet pages contain images complying to the to copyright of third parties. If there is not otherwise mentioned, all the marks of our web pages are protected by the mark right. Our web page does not grant, through us or third parties, use license of private property.

 

§ 9 Informing Obligations

 

With the occasion of registration, you must enter the data concerning your address and person; these data asked for in the order process will be registered by us for you. You are certainly able to modify the data when ordering or even later by "My order" or "Contact" (depending on the Internet portal). After registration you will receive a password and a specification for your account. You must make sure that your password and account will not become accessible for third parties. You must immediately warn Delticom regarding any abusive use of your password or account. Both partners of the contract can anytime cancel their account, without mentioning any reasons. In this case, Delticom will suspend or erase your account and all the memorized data.

 

§ 10 Election of the right

 

The right of the Federal Republic Germany is exclusively valid. The application of the unitary mercantile right UN is excluded (Agreement on contracts concerning the international sale of articles of 11.04.1980).