General Terms and Conditions

Scope and Contracting Party

  1. These General Terms and Conditions apply to all orders placed by customers through the online shop of Voss Spezial-Rad GmbH.
  2. The contracting party is:
    Voss Spezial-Rad GmbH
    Alte Schmiede 3
    25582 Kaaks
    Germany
    Telephone: +49 (0) 4893 428 72 50
    Email:
  3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity acting in the course of its trade, business or profession when entering into the legal transaction.
  4. In relation to business customers, conflicting or deviating terms and conditions shall apply only if we have expressly agreed to their application.

Conclusion of the Contract

  1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
  2. The customer may add products to the shopping cart and amend or remove their entries using the correction options provided during the checkout process before submitting the order.
  3. By clicking the “Place order with obligation to pay” button, the customer submits a binding offer to enter into a purchase contract for the goods contained in the shopping cart.
  4. Immediately after we receive the order, the customer will receive an automatic confirmation of receipt by email. This email merely confirms receipt of the order and does not constitute acceptance of the offer unless acceptance is expressly stated in the email.
  5. The purchase contract is concluded when we accept the order by sending a separate order confirmation by email or when we dispatch the ordered goods. Where an immediate digital payment method is used, the contract may also be concluded upon confirmation of payment, provided this is clearly indicated during the checkout process.

Contract Language and Contractual Documents

  1. The language available for the conclusion of the contract is German.
  2. We retain the order details in accordance with statutory retention requirements. The order details and these General Terms and Conditions will be provided to the customer on a durable medium, usually by email, after the order has been placed.
  3. If a customer account has been created, the customer can view their order details there. Beyond this, the contract text may not necessarily remain accessible online after the order has been completed.

Prices and Shipping Costs

  1. The prices stated in the online shop are total prices and include the applicable statutory value-added tax.
  2. In addition to the product prices quoted, delivery charges may apply. You can find further details regarding any delivery charges that may apply in the product listings or here.
  3. Deliveries to countries outside the European Union may be subject to additional customs duties, import VAT, taxes or fees. These are not charged by us but by the relevant customs or tax authorities. Customers should contact the relevant authorities before placing an order to obtain information about any additional costs. Where required by law, unavoidable additional costs will be displayed during the checkout process.

Payment

  1. Depending on the country of delivery and the device used, the following payment methods are available in the online shop:
    • Credit card
    • PayPal
    • Apple Pay
    • Google Pay
  2. Payment is processed by the payment service provider specified during the checkout process. The terms and conditions of the respective payment service provider also apply.
  3. The purchase price becomes due upon conclusion of the contract. The date on which the payment is charged depends on the payment method selected.
  4. We reserve the right not to offer certain payment methods in individual cases where there is an objective reason for doing so, provided that at least one reasonable payment method free of additional charges remains available to the customer.

Delivery

  1. We deliver to the delivery addresses within Europe that can be selected in the online shop.
  2. Delivery is made by DHL or a freight carrier to the delivery address provided by the customer.
  3. The applicable delivery time is stated on the product page and during the checkout process. Unless otherwise stated, the delivery time is 3-5 working days from the conclusion of the contract or, where advance payment has been agreed, from receipt of payment.
  4. For deliveries made by a freight carrier, the customer must ensure that the goods can be accepted at the delivery address provided. The delivery date will be arranged by telephone or electronically where this is offered by the respective shipping service provider.
  5. If, through no fault of our own, we are unable to deliver goods that have been ordered on a binding basis because our supplier has failed to supply us despite our having placed a proper and timely order, we may withdraw from the contract. This applies only if we have entered into a specific covering transaction with the supplier and have not assumed the procurement risk. We will inform the customer without delay and refund any payments already made.

Retention of Title

  1. The delivered goods remain our property until payment has been made in full.
  2. In relation to business customers, the goods remain our property until all claims arising from the ongoing business relationship have been settled in full.

Transport Damage

  1. Consumers are requested to report goods with obvious transport damage to the delivery carrier as soon as possible and to inform us accordingly. Failure to submit a complaint or notification does not affect the consumer’s statutory rights, particularly their rights in relation to defective goods.
  2. Business customers are subject to the statutory duty to inspect the goods and give notice of defects in accordance with Section 377 of the German Commercial Code (Handelsgesetzbuch – HGB).

Liability for Defects

  1. The statutory rights relating to defective goods apply.
  2. Additional warranties apply only where they are expressly described for the respective product. A manufacturer’s warranty does not affect the customer’s statutory rights relating to defective goods.
  3. For business customers, the limitation period for claims relating to defects in newly manufactured goods is one year from delivery. This does not apply to claims arising from injury to life, limb or health, intentional or grossly negligent breaches of duty, the fraudulent concealment of a defect, the assumption of a warranty, claims under the German Product Liability Act or other cases in which the law mandatorily prescribes a longer limitation period.

Liability

  1. We accept unlimited liability for intent and gross negligence, for damage arising from injury to life, limb or health, under the German Product Liability Act and to the extent of any warranty expressly assumed by us.
  2. In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the contracting party may normally rely.
  3. In all other respects, liability for slight negligence is excluded.

Consumer Dispute Resolution

Voss Spezial-Rad GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Applicable Law

  1. German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. In relation to consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.
  3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office. Mandatory statutory places of jurisdiction remain unaffected.