Terms & Conditions
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Emsland4x4.de Inh. Oliver Scheffer e.Kfm ..
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without any obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up at Emsland4x4.de Inh. Oliver Scheffer e.Kfm., Elbergen 77, 48488 Emsbüren, Germany at the following business hours: Mon-Fri 08:00 - 17:00 clock.
We do not deliver to packing stations.
Payment in advance
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
By submitting the order, you also transmit your credit card data to us at the same time.
After your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.
SEPA Direct Debit
By submitting the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called Prenotification). By submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be charged.
The account will be charged after the goods have been shipped.
The deadline for the advance notice of the date of the account debit (so-called Prenotification period) is 10 days.
PayPal, PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the payment order and after your legitimacy as a legitimate cardholder. You'll get more information during the ordering process.
If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the money order you give PayPal a direct debit mandate. You will be informed about the date of the account debit by PayPal (so-called Prenotification). Upon submitting the direct debit mandate immediately after the payment order has been confirmed, PayPal will request its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.
After placing the order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN procedure activated for participation in SOFORT Überweisung, have your authorization and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately after that by SOFORT Überweisung and your account will be debited.
After placing the order you will be redirected to the website of your bank. In order to pay the invoice amount through Giropay, you must have an online banking account with PIN / TAN procedure activated to participate in Giropay, legitimize yourself and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be executed immediately afterwards and your account will be charged.
In the ordering process you will be redirected to the website of the online provider Amazon before the end of the order process in our online shop. In order to be able to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can choose the delivery address and payment method stored on Amazon, confirm the use of your data by Amazon and the payment order to us. Afterwards you will be redirected to our online shop, where you can complete the order process.
Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction will be performed automatically by Amazon. You'll get more information during the ordering process.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
Cash on pickup
You pay the invoice amount when picking up cash.
Payone Terms and Conditions: https://www.bspayone.com/downloads/agb/10700_DE-AGB_0716.pdf
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or the transport insurance.
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 08:00 to 17:00 clock under the phone number 05903 21790-35 and by e-mail at email@example.com
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
with guarantee promise, as far as agreed, or
as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct:
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this point.
12. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.