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General terms of business (AGB) of Speedhawk Vertriebs GmbH
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The following right of revocation does not exist, if the commodity for your own commercial or independent vocational activity, ordered by you, is to be used.
Revocation instruction/return instruction according to §355 paragraph 2 Civil Code
Right of revocation
You can revoke your contract within 30 days without information of reasons in text form (e.g., letter, fax, e-mail) or by return of the goods. The term begins at the earliest with receipt of this instruction. For the protection of the cancellation term the timely sending of the cancellation or the goods is enough. The revocation is to arrange on:
Speedhawk Vertriebs GmbH
Im Felde 1
31711 Luhden
Tel: +49 (0) 57 22 - 28522-0
Tel: +49 (0) 57 22 - 28522-99
info@speedhawk.de
Revocation consequence
To be given change in the case of an effective revocation on both sides received achievements to be refunded and if necessary pulled uses are. If you cannot refund the received achievement to us totally or partly or only in worsened condition, you must carry indemnification according to value to that extent if necessary for us out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their examination - as you for instance in the retail-shop would have been possible - to lead back is. In all other respects you can avoid the indemnification according to value obligation, by taking the thing not like your property in use and omitting everything, which impairs their value. Things package-capable of being shipped are to be sent back. They have to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the price of the thing which can be sent back does not exceed an amount of € 40 or if with a higher price of the thing at the time of the revocation yet the return or a contractually agreed upon partial payment did not furnish you. Otherwise the return for you is free. Things package-capable of being shipped are not fetched with you. Obligations for refunding of payments must fulfill you within 30 days after sending off of your revocation- declaration.
Exceptions
As far as another is not certain, the right of revocation does not exist with contracts 1. For the delivery of goods which are made after customer specification or are cut unambiguously on the personal needs or are not suitable on grounds of her state for a return or can go bad fast or whose best-before date would be crossed. 2. For the delivery of audio recordings or video recordings or from software, provided that the delivered data carriers have been unsealed by the consumer.
§ 1 general, area of application
All achievements which are produced by the Speedhawk Vertriebs GmbH (in the following Speedhawk Website) for the customer occur exclusively on the basis of the following general terms of business. Divergent regulations have only in this respect validity when they were agreed between the Speedhawk Vertriebs GmbH and the customer in writing or are expressly named in these general terms of business.
§ 2 contract conclusion
(1) The offers Speedhawk Vertriebs GmbH in the Internet represent a noncommittal request at the customers to order Speedhawk Shop goods. (2) By the order of the desired goods in the Internet the customer delivers a binding offer on conclusion of a sales contract. (3) Speedhawk Vertriebs GmbH is entitled to accept this offer within 10 calendar dates under forwarding of a confirmation of order. The confirmation of order takes place via transmission of an E-Mail. At the end of the 10-day term the offer counts as rejected.
§ 3 payment, maturity, delay of payment
(1) The payment of the goods takes place by advance payment. Speedhawk Vertriebs GmbH reserve themselves the right to accept or exclude in individual cases certain payment means. (2) By advance payment the customer commits itself to pay the purchase price immediately after contract conclusion. (3) If the customer is in the delay of payment, he is responsible because of the achievement also for coincidence, unless the damage would have occurred also with punctual achievement. (4) The purchase price is to be paid interest during the delay. The delay interest rate amounts to five percent points about the base interest rate sentence for the year. By the legal shops in which a consumer is not involved the interest rate amounts to eight percent points about the base interest rate sentence. (5) The assertion of other damage is not excluded.
§ 4 delivery
(1) The delivery of goods occurs only as long as the stock it reaches. (2) The delivery occurs through broadcasting of the product from camp to the address informed by the customers. As far as delivery is agreed against advance payment, the term of delivery amounts in general 2-3 working days on receipt of the purchase price. Otherwise the term of delivery amounts in general 2-3 working days from dispatch of the confirmation of order. This information is non-binding, as far as nothing else is agreed. (3) The delivery occurs against the packing charges given with the Internet order and forwarding expenses. For foreign deliveries becomes, as far as nothing else is given which calculates price of packaging and dispatch separately after weight. If the customer wishes a special kind of the sending with which higher costs result, he also has to carry these add-on costs.
§ 5 retention of title
The product remains a property the Speedhawk Vertriebs GmbH up to entire payment. Before transfer of title a mortgage, protection conveyance, processing or transformation is not allowed without explicit approval the Speedhawk Vertriebs GmbH.
§ 6 Prices
(1) With the actualization of the Internet pages of the Speedhawk Vertriebs GmbH all early prices and other information about goods become invalid. (2) Decisively for the calculation position is the price at the time of the delivery of the offer of the customer.
§ 7 cancellation of the contract
(1) Speedhawk Vertriebs GmbH are entitled to withdraw from the contract also regarding a still open part of the supply or achievement if wrong data concerning the credit-worthiness of the customer developed made or objective reasons regarding the solvency of the customer and this carries pre-payment out on desiring Speedhawk Vertriebs GmbH neither pre-payment performs nor before delivery a suited security produces or if about the property of the customer an insolvency procedure is opened or an application for introduction of an insolvency procedure is turned down in the absence of cost-covering property. (2) without prejudice to the requirements for compensation Speedhawk Vertriebs GmbH are to be accounted for in the case of the partial resignation part deliveries already furnished as stipulated and paid.
§ 8 warranty
(1) The guarantee term amounts two years. By the legal shops in which a consumer is not involved or with the sales of used things the guarantee term a year amounts. (2) Were the thing faultily, the customer has the right, as a subsequent performance require for his choice the removal of the lack or the delivery of a thing free of lack. Speedhawk Vertriebs GmbH can refuse the kind elective by the customers of the subsequent performance regardless of §275 to paragraph 2 and 3 Civil Code if she is possible only with disproportionate costs. Besides, are to be taken into consideration in particular the value of the thing in state free of lack, the meaning of the lack and the question whether in the other kind of the subsequent performance could be fallen back without considerable disadvantages for the buyer. In this case the claim of the customer limits itself in the other kind of the subsequent performance; to refuse the right the Speedhawk Vertriebs GmbH, also this under the conditions of the sentence 1, remains untouched. (3) Were the purchase for both parts a commercial transaction, the customer has to examine the product immediately after the delivery, as far as this is feasible after proper commercial way. If a lack appears, he has to indicate us this immediately. If the customer omits from the announcement, the product counts as approved, unless it concerns a lack which was not recognizable with the investigation. If such lack appears later, the announcement must be immediately done after the discovery; otherwise the product also counts in view of this lack as approved. These regulations do not count if the lack was hid cunningly. To the preservation of the rights of the customer the timely sending of the announcement is enough. (4) If Speedhawk Vertriebs GmbH for the purpose of the subsequent performance delivers a thing free of lack, he can require of the customer back guarantee of the defective thing in accordance with §§346 to 348 Civil Code. (5) Damages which are caused by measures contrary to the terms of the agreement or improper of the customer, by installation, connection, service or storage found no claim against Hofmann & Mattern t GbR. The inappropriateness and contrary to the terms of the agreementness determine themselves in particular according to the data of the manufacturer of the supplied goods.
§ 9 restriction of liability
(1) Speedhawk Vertriebs GmbH sticks for others than by injury of life, body and health originating damages only, as far as these damages are based on intentional or roughly careless action or on culpable injury of an essential contract duty by Speedhawk Vertriebs GmbH or his fulfilment assistant. A liability going out it on damage substitute is excluded. The regulations of the product liability law remain untouched from this. (2) According to the current state of the technology the data communication on the Internet not can be guaranteed perfectly and/or any time availably. Hence, Speedhawk Vertriebs GmbH does not stick for the anytime availability of the Speedhawk web page.
§ 10 Data privacy
Everything for the realization of the order to necessary personal data are stored in machine-readable form and are treated confidentially. For the treatment of an order to necessary data like name and address will instruct within the scope of the realization of the delivery in with the delivery of the product enterprise transmitted.
§ 11 legal venue
All disputes from this legal relationship are defeated by the right of the Federal Republic of Germany. The validity of UN-purchase right is excluded. If the Contracting Parties are buyers, the court at that is Speedhawk Vertriebs GmbH its seat has, responsibly, provided that for the dispute an exclusive legal venue is not founded.
§ 12 Salvatore conditions
Should a regulation of this contract be invalid or be unenforceable or become, the remaining regulations of this contract remain from this untouched.
Right of revocation
You can revoke your contract within 30 days without information of reasons in text form (e.g., letter, fax, e-mail) or by return of the goods. The term begins at the earliest with receipt of this instruction. For the protection of the cancellation term the timely sending of the cancellation or the goods is enough. The revocation is to arrange on:
Speedhawk Vertriebs GmbH
Im Felde 1
31711 Luhden
Tel: +49 (0) 57 22 - 28522-0
Tel: +49 (0) 57 22 - 28522-99
info@speedhawk.de
Revocation consequence
To be given change in the case of an effective revocation on both sides received achievements to be refunded and if necessary pulled uses are. If you cannot refund the received achievement to us totally or partly or only in worsened condition, you must carry indemnification according to value to that extent if necessary for us out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their examination - as you for instance in the retail-shop would have been possible - to lead back is. In all other respects you can avoid the indemnification according to value obligation, by taking the thing not like your property in use and omitting everything, which impairs their value. Things package-capable of being shipped are to be sent back. They have to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the price of the thing which can be sent back does not exceed an amount of € 40 or if with a higher price of the thing at the time of the revocation yet the return or a contractually agreed upon partial payment did not furnish you. Otherwise the return for you is free. Things package-capable of being shipped are not fetched with you. Obligations for refunding of payments must fulfill you within 30 days after sending off of your revocation- declaration.
Exceptions
As far as another is not certain, the right of revocation does not exist with contracts 1. For the delivery of goods which are made after customer specification or are cut unambiguously on the personal needs or are not suitable on grounds of her state for a return or can go bad fast or whose best-before date would be crossed. 2. For the delivery of audio recordings or video recordings or from software, provided that the delivered data carriers have been unsealed by the consumer.
§ 1 general, area of application
All achievements which are produced by the Speedhawk Vertriebs GmbH (in the following Speedhawk Website) for the customer occur exclusively on the basis of the following general terms of business. Divergent regulations have only in this respect validity when they were agreed between the Speedhawk Vertriebs GmbH and the customer in writing or are expressly named in these general terms of business.
§ 2 contract conclusion
(1) The offers Speedhawk Vertriebs GmbH in the Internet represent a noncommittal request at the customers to order Speedhawk Shop goods. (2) By the order of the desired goods in the Internet the customer delivers a binding offer on conclusion of a sales contract. (3) Speedhawk Vertriebs GmbH is entitled to accept this offer within 10 calendar dates under forwarding of a confirmation of order. The confirmation of order takes place via transmission of an E-Mail. At the end of the 10-day term the offer counts as rejected.
§ 3 payment, maturity, delay of payment
(1) The payment of the goods takes place by advance payment. Speedhawk Vertriebs GmbH reserve themselves the right to accept or exclude in individual cases certain payment means. (2) By advance payment the customer commits itself to pay the purchase price immediately after contract conclusion. (3) If the customer is in the delay of payment, he is responsible because of the achievement also for coincidence, unless the damage would have occurred also with punctual achievement. (4) The purchase price is to be paid interest during the delay. The delay interest rate amounts to five percent points about the base interest rate sentence for the year. By the legal shops in which a consumer is not involved the interest rate amounts to eight percent points about the base interest rate sentence. (5) The assertion of other damage is not excluded.
§ 4 delivery
(1) The delivery of goods occurs only as long as the stock it reaches. (2) The delivery occurs through broadcasting of the product from camp to the address informed by the customers. As far as delivery is agreed against advance payment, the term of delivery amounts in general 2-3 working days on receipt of the purchase price. Otherwise the term of delivery amounts in general 2-3 working days from dispatch of the confirmation of order. This information is non-binding, as far as nothing else is agreed. (3) The delivery occurs against the packing charges given with the Internet order and forwarding expenses. For foreign deliveries becomes, as far as nothing else is given which calculates price of packaging and dispatch separately after weight. If the customer wishes a special kind of the sending with which higher costs result, he also has to carry these add-on costs.
§ 5 retention of title
The product remains a property the Speedhawk Vertriebs GmbH up to entire payment. Before transfer of title a mortgage, protection conveyance, processing or transformation is not allowed without explicit approval the Speedhawk Vertriebs GmbH.
§ 6 Prices
(1) With the actualization of the Internet pages of the Speedhawk Vertriebs GmbH all early prices and other information about goods become invalid. (2) Decisively for the calculation position is the price at the time of the delivery of the offer of the customer.
§ 7 cancellation of the contract
(1) Speedhawk Vertriebs GmbH are entitled to withdraw from the contract also regarding a still open part of the supply or achievement if wrong data concerning the credit-worthiness of the customer developed made or objective reasons regarding the solvency of the customer and this carries pre-payment out on desiring Speedhawk Vertriebs GmbH neither pre-payment performs nor before delivery a suited security produces or if about the property of the customer an insolvency procedure is opened or an application for introduction of an insolvency procedure is turned down in the absence of cost-covering property. (2) without prejudice to the requirements for compensation Speedhawk Vertriebs GmbH are to be accounted for in the case of the partial resignation part deliveries already furnished as stipulated and paid.
§ 8 warranty
(1) The guarantee term amounts two years. By the legal shops in which a consumer is not involved or with the sales of used things the guarantee term a year amounts. (2) Were the thing faultily, the customer has the right, as a subsequent performance require for his choice the removal of the lack or the delivery of a thing free of lack. Speedhawk Vertriebs GmbH can refuse the kind elective by the customers of the subsequent performance regardless of §275 to paragraph 2 and 3 Civil Code if she is possible only with disproportionate costs. Besides, are to be taken into consideration in particular the value of the thing in state free of lack, the meaning of the lack and the question whether in the other kind of the subsequent performance could be fallen back without considerable disadvantages for the buyer. In this case the claim of the customer limits itself in the other kind of the subsequent performance; to refuse the right the Speedhawk Vertriebs GmbH, also this under the conditions of the sentence 1, remains untouched. (3) Were the purchase for both parts a commercial transaction, the customer has to examine the product immediately after the delivery, as far as this is feasible after proper commercial way. If a lack appears, he has to indicate us this immediately. If the customer omits from the announcement, the product counts as approved, unless it concerns a lack which was not recognizable with the investigation. If such lack appears later, the announcement must be immediately done after the discovery; otherwise the product also counts in view of this lack as approved. These regulations do not count if the lack was hid cunningly. To the preservation of the rights of the customer the timely sending of the announcement is enough. (4) If Speedhawk Vertriebs GmbH for the purpose of the subsequent performance delivers a thing free of lack, he can require of the customer back guarantee of the defective thing in accordance with §§346 to 348 Civil Code. (5) Damages which are caused by measures contrary to the terms of the agreement or improper of the customer, by installation, connection, service or storage found no claim against Hofmann & Mattern t GbR. The inappropriateness and contrary to the terms of the agreementness determine themselves in particular according to the data of the manufacturer of the supplied goods.
§ 9 restriction of liability
(1) Speedhawk Vertriebs GmbH sticks for others than by injury of life, body and health originating damages only, as far as these damages are based on intentional or roughly careless action or on culpable injury of an essential contract duty by Speedhawk Vertriebs GmbH or his fulfilment assistant. A liability going out it on damage substitute is excluded. The regulations of the product liability law remain untouched from this. (2) According to the current state of the technology the data communication on the Internet not can be guaranteed perfectly and/or any time availably. Hence, Speedhawk Vertriebs GmbH does not stick for the anytime availability of the Speedhawk web page.
§ 10 Data privacy
Everything for the realization of the order to necessary personal data are stored in machine-readable form and are treated confidentially. For the treatment of an order to necessary data like name and address will instruct within the scope of the realization of the delivery in with the delivery of the product enterprise transmitted.
§ 11 legal venue
All disputes from this legal relationship are defeated by the right of the Federal Republic of Germany. The validity of UN-purchase right is excluded. If the Contracting Parties are buyers, the court at that is Speedhawk Vertriebs GmbH its seat has, responsibly, provided that for the dispute an exclusive legal venue is not founded.
§ 12 Salvatore conditions
Should a regulation of this contract be invalid or be unenforceable or become, the remaining regulations of this contract remain from this untouched.
