§ 1 User of the General Terms and Conditions

1.1 All deliveries and services from Forklift Accessories Rehberg OHG are carried out exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order. Conflicting or deviating conditions of the other contractual partner have no effect.

1.2 The contractual partner is

Forklift accessories Rehberg OHG, Eulerstr. 15, 48155 Münster

Telephone: 0251 3795323, Fax: 0251 3795325

Email: info@gabelstapler-rehberg.de

(hereinafter “Seller”).

1.3 Customers within the meaning of these terms and conditions can be entrepreneurs in accordance with § 14 BGB or consumers in accordance with § 13 BGB (hereinafter “customer” or “purchaser”). Consumers are natural persons who conclude contracts for a purpose that cannot be predominantly attributed to their commercial or professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract, conclusion of the contract

2.1 The illustrations and article presentations in our online shop do not represent a binding offer, but are an invitation to the customer to make an offer. Only the customer's order is a binding offer in accordance with Section 145 of the German Civil Code (BGB), which we can accept. After sending the customer's order via the shopping cart, we will first send you an order confirmation by email, which confirms that we have received your order and lists its details.

2.2 We will then review your contract offer. If we do not accept your offer, you will receive a corresponding notification by email.

2.3 If we have bindingly accepted your order, you will receive an order confirmation by email within 3 working days of receipt of your order, with which the contract is concluded.

2.4 Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or product image. By clicking the [Add to cart] button you can add the item to your shopping cart. You can view the contents of the shopping cart at any time by clicking the [ Edit shopping cart ] button. You can remove or change the products from the shopping cart by clicking on the [Change] and [Delete] symbols. If you want to purchase the products in the shopping cart, click on the [Checkout] button on the “Shopping Cart ” page.

During the further ordering process, you set up a customer account with us when you make your first purchase and select the shipping and payment method. In the last step, under “Check and Order” you will receive another overview of your order data and can check all information again and delete or change it. You can also correct input errors by navigating backwards in your browser or canceling the ordering process and starting again. To complete the purchase, you must accept our general terms and conditions and press the order button labeled " Submit " . By clicking this order button, you send the order to us and submit a binding offer.

2.5 Alternatively, you can also submit your offer by telephone or fax.

2.6 Only offers from users who have reached the age of 18 can be accepted.

§ 3 Storage of the contract text

We save your order, the order data you entered and the entire contract text. We will send you an order confirmation by email and, if we accept the offer, an order confirmation with all order data and the entire contract text.

§ 4 Right of withdrawal for consumers

The following right of withdrawal only applies to consumers:

  1. Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any 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 took possession of the goods.

In order to exercise your right of withdrawal, you must contact us, Forklift Accessories Rehberg OHG, Eulerstraße 15, 48155 Münster, Telephone 0251/3795323, Fax: 0251/3795325, Email: info@gabelstapler-rehberg.de, by means of a clear declaration (e.g. B. a letter sent by post or email) to inform you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  1. Exclusion of the right of withdrawal

The right of withdrawal does not apply to the following contracts:

  • Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  • Contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded,
  • Contracts for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
  • Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery,
  • Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
  • Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts,
  • Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, supply of food and beverages and the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision.

§ 5 Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To forklift accessories Rehberg OHG

Eulerstr. 15

48155 Münster

Telephone: 0251 3795323

Fax: 0251 3795325

Email: info@gabelstapler-rehberg.de

I/we (*) hereby revoke the purchase contract concluded by me/us (*).

the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for paper notification)

Date

(*) Please delete what is not applicable.

§ 6 Prices and shipping costs

6.1 All prices are ex warehouse plus VAT plus shipping costs.

§ 7 Delivery conditions

7.1 We only deliver within Germany.

7.2 We deliver with a provider of our choice.

§ 8 Payment conditions

8.1 Payment can be made in advance by bank transfer, credit card (VISA, Mastercard), instant bank transfer, direct debit or on account. We reserve the right to exclude individual payment methods.

8.2 In the event of late payment, the purchase price is subject to interest of 5% points above the base interest rate for consumers from the onset of the default; for entrepreneurs, the default interest rate is 9% points above the base interest rate.

8.3 The prices are stated ex warehouse and do not include VAT, other taxes, duties, customs duties, public charges and shipping costs.

8.4 Cash discounts, rebates, other discounts or tax advantages are not granted.

8.5 Freight and any packaging costs are borne by the purchaser. Any packaging and loading materials will be selected by us and charged to the purchaser at cost.

8.6 Our special conditions and fixed cost rates also apply to assembly, repairs and rentals, which are available at any time upon request.

§ 9 Retention of title

9.1 We reserve ownership of the purchased item until the invoice amount and all of our claims - including those that arise in the future - have been paid in full, regardless of the legal basis. This also applies if specially designated claims are paid.

9.2 The rights that the customer acquires through any kind of use of our property, e.g. in the course of resale or through installation, are assigned to us at the time the transaction is concluded with us. If he has assigned such rights - even globally - to third parties, he is only entitled to use our property after the third party has effectively released the rights in our favor. If the purchaser receives securities in the course of resale etc., he must inform us of this and hand it over to us upon our request. The customer may collect the claims to which we are entitled, as long as he is not in default or we do not revoke, on the condition that he pays the collected amount to us up to the amount of our outstanding and due claims against him. If the customer reserves ownership for as long as we still have it, he assigns to us at the time of resale all rights that he acquired from the retention of title against second buyers.

9.3 We are entitled to insure the delivery item against theft, breakage, fire, water and other damage at the purchaser's expense, unless the purchaser can prove that he has taken out the insurance himself.

9.4 The purchaser may neither pledge the delivery item subject to retention of title nor assign it as security. In the event of pledging, confiscation or other dispositions by third parties, he must inform us immediately.

9.5 If the purchaser behaves in breach of contract, in particular in the event of late payment, or a significant deterioration in the purchaser's financial circumstances, we are entitled, after issuing a reminder, to reclaim the delivery item and the purchaser is obliged to return it. The request for the delivery item to be returned does not constitute a declaration of withdrawal.

§ 10 Warranty

10.1 If you are a consumer, the warranty is in accordance with the statutory provisions. The warranty period for the delivery of used items is set at one year.

10.2 We provide warranty to entrepreneurs exclusively in accordance with the following provisions:

10.2.1 The warranty period for the delivery of new goods is six months. Warranty claims not asserted become statute-barred after 6 months from the delivery date. On the other hand, the statutory limitation periods for recourse claims according to Section 478 of the German Civil Code (BGB) remain unaffected.

10.2.2 The purchaser is obliged to report obvious defects to the seller in writing immediately upon receipt of the goods. The defects must be described in as much detail as possible to the purchaser. If this does not happen, the delivered goods are deemed to have been approved.

10.2.2 No liability is assumed for damages that arise from the following reasons: unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent treatment, unsuitable operating materials, replacement materials, defective construction work, unsuitable subsoil, chemical, electrochemical or electrical influences, unless they are due to our fault.

10.2.3 Any changes or repair work carried out improperly by the customer or third parties without our prior approval will void liability for the resulting consequences.

10.2.4 After communicating with us, the purchaser must give us the necessary time and opportunity to carry out all repairs and replacement deliveries that we reasonably deem necessary.

10.2.5 The seller is not responsible for material defects in the delivery, which he obtains from third parties and delivers unchanged to the customer; liability for intent or negligence remains unaffected.

10.2.6 The warranty for used goods is excluded.

§ 11 Liability

11.1 We have unlimited liability for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the event of slight negligence, we are liable for injuries to life, body and health of people.

11.2 In other cases, we are only liable for minor negligence if essential contractual obligations are breached. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and whose compliance the contractual partner relies on. Liability in the event of a breach of such an essential contractual obligation is limited to the damage typical for the contract, which we had to expect when the contract was concluded due to the circumstances known at that time. This limitation of liability also applies to our vicarious agents.

§ 12 Withdrawal

12.1 There is no right of withdrawal. The right of withdrawal for consumers remains unaffected.

12.2 If we agree to terminate a contract as a gesture of goodwill in an individual case, the purchaser will bear any costs that may arise or have already been incurred for packaging and transport for delivery and return.

12.3 In these cases, we charge a flat rate of 15% of the net value of the goods according to the order for the inspection and re-storage of the returned goods.

12.4 The return of electronic components and modules (e.g. control electronics)

§ 13 Customer service

If you have any questions, complaints or complaints, please contact us. You can reach us Monday - Friday between 7:00 a.m. and 4:30 p.m. on 0251 379532 or by email at info@gabelstapler-rehberg.de .

§ 14 Miscellaneous

14.1 The contract language is German.

14.2 The European Commission provides a platform for online dispute resolution (OS) for consumers. This can be accessed via the following internet address: https://ec.europa.eu/consumers/odr/ . We are not willing or obliged to take part in a dispute resolution procedure conducted by consumer arbitration boards.

14.3 If one or more provisions of these General Terms and Conditions are ineffective, the rest of the contract remains effective. If provisions are invalid, they will be replaced by the provision that comes closest in meaning to the invalid one and complies with the statutory provisions.