Terms & Conditions

General Terms and Conditions

1) Scope of Application
1.1 These General Terms and Conditions of the company CARGRAPHIC Thomas
Schnarr GmbH (hereinafter referred to as "Seller”) shall apply to all contracts
concluded between a consumer or a trader (hereinafter referred to as "Client”)
and the Seller relating to all goods and/or services presented in the Seller's
online shop. The inclusion of the Client’s own conditions is herewith objected to,
unless other terms have been stipulated.

1.2 A consumer pursuant to these Terms and Conditions is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly
commercial nor a self-employed occupational activity. A trader pursuant to
these Terms and Conditions is any natural or legal person or partnership with
legal capacity acting in the performance of a commercial or self-employed
occupational activity when concluding a legal transaction.

2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s website do not constitute binding
offers on the part of the Seller, but merely serve the purpose of submitting a
binding offer by the Client.

2.2
The Client may submit his offer to the Seller by telephone, fax, e-mail or
postal service.

2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order conformation in
  written form (fax or e-mail); insofar receipt of order confirmation by the
  Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the
  customer is decisive, or
- by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract
shall be concluded at the time when one of the aforementioned alternatives
firstly occurs. Should the Seller not accept the Client’s offer within the
aforementioned period of time, this shall be deemed as rejecting the offer
with the effect that the Client is no longer bound by his statement of intent.

2.4 The German language is exclusively available for the conclusion of the
contract. The text of the contract is not stored.

2.5 Order processing and contacting usually takes place via e-mail and
automated order processing. It is the Client’s responsibility to ensure that
the e-mail address he provides for the order processing is accurate so that
e-mails sent by the Seller can be received at this address. Particularly, it is
the Client`s responsibility, if SPAM filters are used, to ensure that all
e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.

3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the
Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are not
nationals of a member state of the European Union at the time of
concluding the contract und whose exclusive domicile and delivery
address are located outside the European Union at the time of
concluding the contract.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices
indicated are total prices and include the statutory value-added tax.
Any possible additional delivery and dispatch costs are specified
separately in the respective product description.

4.2 Payment can be made using one of the methods:
- Bank transfer
- Creditcard
- Paypal

4.3 In case of delivery to countries outside the European Union,
additional costs may incur in individual cases for which the Seller is not
responsible and which have to be borne by the Client. This includes for
example transfer fees charged by banking institutes (transfer charges,
exchange fees) or import duties or taxes (customs). Such additional
costs regarding money transfer may also incur, if the Client carries out
the payment from a country outside the European Union, even if
delivery is not made in a country outside the European Union.

4.4 If prepayment has been agreed upon, payment shall be due
immediately upon conclusion of the contract.

4.5 If prepayment by bank transfer has been agreed upon, payment
is due immediately after conclusion of the contract, unless the parties
have arranged a later maturity date

4.6 When payments are made using a payment method offered by
PayPal, handling of payments takes place via the payment service
provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”)
subject to the PayPal terms of use which can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for
payments without PayPal account will be effective. They can be viewed
at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery
address indicated by the Client, unless agreed otherwise. During the
processing of the transaction, the delivery address indicated in the
Seller’s order processing is decisive.

5.2 Should the assigned transport company return the goods to the
Seller, because delivery to the Client was not possible, the Client bears
the costs for the unsuccessful dispatch. This shall not apply, if the Client
exercises his right to cancel effectively, if the delivery cannot be made
due to circumstances beyond the Client's control or if he has been
temporarily impeded to receive the offered service, unless the Seller has
notified the Client for a reasonable time in advance about the service.

5.3 In case the Client is a trader, the risk of accidental destruction and
accidental deterioration of the sold goods shall be transferred to the
Client upon delivery of the goods to the freight forwarder, carrier or
other person or institution designated with the task of performing
shipment. In case the Client is a consumer, the risk of accidental
destruction and accidental deterioration of the sold goods shall in
principle be transferred to the Client upon delivery of the goods to the
Client or to an authorized recipient. Deviating from this, even in case
the Client is a consumer, the risk of the risk of accidental destruction
and accidental deterioration of the sold goods is transferred to the
Client upon delivery of the goods to the freight forwarder, carrier or
other person or institution designated with the task of performing
shipment, if the Client has instructed the freight forwarder, carrier or
other person or institution designated with the task of performing
shipment to carry out the delivery of the goods and if the choice of
this person or institution was not previously offered by the Seller.

5.4 The Seller reserves the right to withdraw from the contract in the
event of incorrect or improper self-supply. This only applies, if the
Seller is not responsible for the non-supply and if he has concluded a
concrete hedging transaction with the supplier. The Seller shall make
all reasonable efforts to obtain the goods. In case of non-availability
or partial availability of the goods he shall immediately inform the
Client and grant him immediately counterperformance.

5.5 Should the Client collect the goods himself, the Seller informs the
Client by e-mail that the goods are available for collection. After
receiving the e-mail, the Client may collect the goods in consultation
with the Seller. In this case shipment costs will not be charged.

6) Reservation of Proprietary Rights
In case the Client is a consumer, the Seller retains title of ownership
to the delivered goods until the purchase price owed has been paid
in full.

6.1 In case the Client is a trader, the Seller reserves title to the goods
delivered until the fulfillment of all claims arising out of the current
business relationship.

6.2 In case the Client is a trader, he is entitled to resell the reserved
goods in the course of regular business operations. All claims resulting
from such course of business against a third party shall herewith be
assigned in advance to the Seller in the amount of the respective
invoice value (including VAT). This assignment of claims shall be valid
regardless whether the reserved goods are processed prior to or after
resale or not. The Client remains entitled to collect the claims even
after assignment. However, the Seller shall refrain from collecting the
claims as long as the Client meets his payment obligations, he is not
in default and no application has been lodged to open insolvency
proceedings.

7) Warranty
Should the object of purchase be deficient, statutory provisions shall
apply. Deviating hereof, the following shall apply:
7.1 For traders,
- a marginal defect shall generally not constitute warranty claims
  defects,
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year
  from transfer of risk,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not recommence, if a replacement delivery
  is carried out within the scope of liability for defects.

7.2 For consumers the limitation period regarding warranty claims
for used goods shall be one year from delivery of goods to the Client
with the restriction of the following section.

7.3 The aforementioned limitations of liability and the restrictions of
limitation periods do not apply
- for a product, which was not used, in accordance with its usual
  application, for building construction and which was the cause of the
  building's defectiveness,
- for damages arising out of injuries to life, body or health, which result
  from intentional or negligent violation of the Seller’s duties or the
  intentional or negligent violation of duties by the legal representative
  or the vicarious agent of the user,
- for other damages resulting from intentional or grossly negligent
  violation of the Seller’s duties or the intentional or grossly negligent
  violation of duties by the legal representative or the vicarious agent
  of the user,
- if the Seller has fraudulently concealed the defect.

7.4 Furthermore, for traders the statutory limitation periods for
recourse claims pursuant to section 478 of the German Civil Code (BGB)
remain unaffected. The same applies for traders and consumers in the
case of intentional breach of duty and fraudulent concealment of a defect.

7.5
If the Client is a businessperson pursuant to section 1 of the German
Commercial Code (HGB) he has the commercial duty to examine and
notify defects pursuant to section 377 HGB. Should the Client neglect the
obligations of disclosure specified therein, the goods shall be deemed
approved.

7.6 If the Client is a consumer, the forwarding agent has to be
immediately notified of any obvious transport damages and the Seller
be informed accordingly. Should the Client fail to comply therewith, this
shall not affect his statutory or contractual claims for defects.

8) Liability
The Seller shall be liable to the Client for any contractual and quasi
-contractual claims and for claims of liability in tort regarding damages
and effort compensation as follows:

8.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or
  negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such
  as the product-liability-law.

8.2 Provided that the Seller negligently infringes an essential contractual
duty, the liability to pay damages shall be limited to the foreseeable,
typically occurring damage, unless unlimited liability applies pursuant to
the aforementioned Section. Essential significant contractual obligations
are obligations the contract imposes on the Seller according to its content
to meet the purpose of the contract and whose fulfillment is essential for
the due and proper implementation of the contract and on the fulfillment
of which the Client can regularly rely.

8.3 For the rest, the Seller’s liability is excluded.

8.4 The aforementioned provisions on liability apply also to the Seller’s
liability regarding his legal representatives and vicarious agents.

9) Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal
relationships between the parties under exclusion of the laws
governing the international purchase of movable goods. For consumers,
this choice of law only applies to the extent that the granted protection
is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law regarding the right to cancel does
not apply to consumers, who are not nationals of a Member State of the
European Union at the time of concluding the contract and whose
exclusive domicile and delivery address are located outside of the
European Union at the time of concluding the contract.

10) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate
estate under public law with its seat in the territory of the Federal
Republic of Germany, the Seller’s place of business shall be the sole
place of jurisdiction for all legal disputes arising from this contract. If
the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of
jurisdiction for all legal disputes arising from this contract provided that
the contract or claims from the contract can be assigned to the Client’s
professional or commercial activities. In any event however, regarding
the aforementioned cases the Seller is entitled to call the court
responsible for the seat of the Client.

11) Alternative dispute resolution
11.1 The EU Commission provides on its website the following link to
the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of
disputes arising from online sales and service contracts concluded
between consumers and traders.

11.2 The Seller is neither obliged nor prepared to attend a dispute
settlement procedure before an alternative dispute resolution entity.

12 Exclusion Motorsport usage
CARGRAPHIC wheels are designed and tested for road use.
The usage under Motorsport conditions take place at own risk.
CARGRAPHIC excludes warranty for damage resulting from usage
under Motorsport conditions.