Terms and Conditions for consumers

General Terms and Conditions for Consumers

§ 1 Scope and provider

§ 2 Conclusion of contract

§ 3 Prices

§ 4 Terms of Delivery

§ 5 shipping costs

§ 6 Terms of Payment

§ 7 Retention of title

§ 8 Damage in transit

§ 9 Warranty

§ 10 Disclaimer

§ 11 Final Provisions

§ 1 Scope and provider

These general terms and conditions apply to all orders placed by consumers (§ 13 BGB) via the online shop

DINO-CARS Evers GmbH

Dorfstrasse 63

26899 Rhede-Brual

Managing directors: Theo Evers, Matthias Evers, District Court of Papenburg HRB 121408 (hereinafter "DINO CARS Shop").

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

§ 2 Conclusion of contract

§ 2.1 The product presentations in the online shop are used to submit a purchase offer. By clicking the [Buy / order with costs] button, you submit a binding purchase offer. Our products are sold for private use only.

§ 2.2 We can accept your order - except for the payment method "payment in advance" - by sending a separate order confirmation by e-mail or by delivering the goods within two days. Receipt of the order is confirmed by an automated e-mail immediately after the order has been sent and does not constitute acceptance of the contract. Creditworthiness or availability can be checked before acceptance. With the payment method "payment in advance", the contract is already concluded with the order confirmation.

§ 2.3 Technical steps to conclude the contract:

Click on the article, enter the quantity, click on the icon in the shopping cart; Notice appears "Product has been successfully added to your shopping cart."

By clicking on the "Show shopping cart" field, you can see the selected products in the shopping cart, delete the contents of the shopping cart with "x" or continue the order by clicking on "Proceed to checkout".

In the checkout area, enter your billing and delivery data and select the form of payment.

Query for customer login with password or new registration:

When registering for the first time, enter your name and e-mail, enter the delivery address on the second form and save

Choose payment method:

when clicking on credit card, enter the relevant credit card data and complete the order in the subsequent form after acknowledging the terms and conditions

by clicking on prepayment you can send the order after clicking on the acknowledgment of the terms and conditions at the bottom of the form. You will receive an order confirmation by e-mail with details of the account details for the advance payment

We save the text of the contract and send you the order data and our terms and conditions by email. You can view the version of the General Terms and Conditions applicable to your order at any time here. You can see your last past order in our customer login area.

By clicking on "Continue to check and buy" you will again receive an overview of your order as well as the billing and delivery address and the selected payment method and have the opportunity to recognize and correct input errors in your order before the contract is concluded. An order is only completed after clicking on the "Order with obligation to pay" field.

§ 3 Prices

The prices stated on the product pages include the statutory VAT and other price components and do not include shipping costs.

§ 4 Terms of delivery and reservation of self-supply

§ 4.1 Deliveries within Germany are made with DHL, GLS, DPD or another freight forwarder commissioned by DINO CARS. Deliveries within other EU countries are carried out by a forwarding agent. Worldwide delivery is by courier.

§ 4.2 The delivery time within Germany is approx. 3-5 working days, unless otherwise stated in the offer.

§ 4.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.

§ 4.4 If the delivery of the goods fails through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.

§ 4.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not want a comparable product to be delivered, we will immediately reimburse you for any consideration already paid.

§ 5 shipping costs

§ 5.1 For delivery within Germany we calculate according to our following scale:

Order value < = €300 = €7.00 freight

Order value > 300 € = free delivery

The delivery takes place within Germany by parcel service or forwarding agency.

§ 5.2 When paying by cash on delivery, an additional fee of EUR 20 is due, which the deliverer will charge on site. There are no other taxes or costs.

§ 5.3 For deliveries to other EU countries, we calculate according to our following scale:

General terms and conditions for entrepreneurs

General terms and conditions for entrepreneurs

§ 1 Scope and provider

§ 2 Conclusion of contract

§ 3 Prices

§ 4 Terms of Delivery

§ 5 shipping costs

§ 6 Terms of Payment/Default

§ 7 Retention of Title/Right of Retention

§ 8 Compulsory examination

§ 9 Warranty

§ 10 Disclaimer

§ 11 Final Provisions

§ 1 Scope and provider

§ 1.1 These general terms and conditions apply to all orders that entrepreneurs (§ 14 BGB) via the online shop

DINO-CARS Evers GmbH

Dorfstrasse 63

26899 Rhede Brual

Managing directors: Theo Evers, Matthias Evers, district court of Papenburg HRB 121408 (hereinafter “DINO CARS”).

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.

§ 1.2 Deviating, supplementary or conflicting general terms and conditions, even if they are known, are not part of the contract unless we expressly agree to their validity in writing.

§ 1.3 The following conditions apply to all offers, sales and deliveries. In addition, changes and verbal agreements require the written confirmation of DINO CARS Evers GmbH to be effective. This also applies to deviations from this written form requirement.

§ 1.4. The use of our online offer is only possible for registered entrepreneurs. By registering, the entrepreneur accepts the terms and conditions.

§ 2 Conclusion of contract

§ 2.1 All offers and prices are subject to change and non-binding. Other agreements require the written confirmation of DINO CARS Evers GmbH. An invoice is also valid as a confirmation.

§ 2.2 We can accept offers addressed to us within 14 days.

§ 3 Prices

§ 3.1 The purchase prices do not include the statutory VAT and plus shipping costs.

§ 3.2 Changes in the cost factors on which the offered price is based - in particular changes in wages, raw material prices and the like - give the supplier the right to demand new negotiations from the customer about a changed price. Any discounts and freight reimbursements that have been granted will not apply in the case of judicial and extrajudicial settlement proceedings, insolvency and default of payment of more than two months.

§ 4 Terms of Delivery

§ 4.1 The delivery time is agreed individually in each case. However, the agreed dates are not binding unless this has been expressly agreed in writing.

§ 4.2 If delivery is not possible for reasons for which we are not responsible, the provision of the goods shall be deemed fulfillment of the contract. In cases of force majeure, traffic or operational disruptions, strikes, import difficulties and the like, we reserve the right to extend the delivery time appropriately. We are only in default of delivery if a further period of at least fourteen days set by the customer has elapsed and we are responsible for the delay. In the event of a delay in delivery, unless it is due to intent or gross negligence, claims for damages of any kind are excluded. This also applies if the circumstances occur at sub-suppliers.

§ 5 shipping costs

Deliveries are made ex works (INCOTERMS 2010) at the customer's expense, unless otherwise agreed in writing.

§ 6 Terms of Payment/Default

§ 6.1 When accepting orders, the creditworthiness of the customer is assumed. If, after the conclusion of the contract, we become aware of reasons that indicate a lack of creditworthiness on the part of the customer, we can demand advance payment or security, even if bills of exchange have been given. If the customer does not comply, we reserve the right to withdraw from the contract. We are entitled to obtain a credit report based on mathematical-statistical processes from CEG Creditreform Consumer GmbH, Hellersbergstr. 14, 41460 Neuss. For this purpose, we transmit the personal data required for a credit check to CEG Creditreform and use the information received about the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and which, among other things, include address data.

A lack of creditworthiness can be assumed, among other things, if the customer is in arrears with the payment of an earlier delivery.

§ 6.2 Invoices are payable within ten days after issue of the invoice with a two percent discount, within 30 days after invoicing without deduction.

§ 6.3 After 30 days of invoicing, the customer is in default even without a reminder.

§ 6.4 If the customer is in arrears with a payment, all of his payment obligations from the business relationship with us - including those for which bills of exchange have been given - become due.

§ 6.5 We are also entitled to withdraw from contracts that we have not yet fulfilled.

§ 6.6 In the event of a delay in payment, we are entitled to charge interest on our claim at 8% above the base interest rate. We reserve the right to claim a higher interest loss on proof. We are also entitled to take back the goods, although exercising this right does not constitute withdrawal from the contract.

§ 6.7 Bills of exchange will only be accepted on account of performance after prior agreement and if they can be discounted without guaranteeing a discount. Bill of exchange discount charges are calculated separately and are to be paid without deduction within three days.

§ 6.8 The customer can only offset our claims with undisputed or legally binding counterclaims.

§ 7 Retention of title / right of retention

§ 7.1 The delivered goods and services provided remain our property until all claims from the business relationship with the customer have been settled. In the case of a current account, the retention of title applies as security for our balance claim. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without our consent.

§ 7.3 The customer's claim from a resale of the reserved goods is already assigned to us to secure our claims. If our goods subject to retention of title are sold together with goods subject to retention of title by third parties, the claim to which the customer is entitled from the resale of the goods subject to retention of title shall be assigned to us in the amount of a partial amount calculated according to the invoice value for our goods subject to retention of title plus 10 percent. If the reserved goods are used by the customer to fulfill a contract for work or materials, the claim from the contract for work or materials shall be deemed assigned to us to the same extent.

§ 7.4 The customer is generally authorized to collect the claim from a disposal of reserved goods. Our right to confiscation remains unaffected. We will not collect the claim as long as the customer fulfills his payment obligations. At our request, the customer must inform us of the debtors of the assigned claims and notify the debtors of the assignment, without prejudice to our own right of notification.

§ 7.5 If the value of the security for our claims exceeds a total of more than 20 percent, we are obliged to release security for our claims at the customer's request to the extent that the security for our remaining claims is not jeopardized by this. The customer must inform us immediately of any seizure of the reserved goods or any other impairment of our rights by third parties and inform third parties of our rights.

§ 7.6 In the event of a breach of duty by the customer, in particular in the event of default in payment, we are entitled to demand the return of the delivery item and/or to withdraw from the contract without setting a deadline. The demand for the return of the delivery item alone does not constitute a declaration of withdrawal.

§ 7.7 The customer is not authorized to assert rights of retention or rights to refuse performance within the meaning of §§ 273, 320 BGB.

§ 8 Compulsory examination

§ 8.1 The customer is obliged to examine and check the goods delivered by us immediately after delivery.

§ 8.2 Obvious defects must be reported immediately, but no later than 5 working days after delivery. Defects that could not be discovered despite careful examination must be reported immediately after they occur.

§ 8.3 Defects must be reported to us in writing, stating the information suitable for remedying the defect.

§ 9 Warranty

§ 9.1 Defect reports will only be considered by us if they are made in writing.

§ 9.2 We initially provide a warranty for defects in the goods through repair or replacement delivery, at our discretion.

§ 9.3 If the subsequent improvement is not economically reasonable, the supplementary performance will be carried out by means of a replacement delivery. The expenses required for the purpose of supplementary performance within the meaning of § 439 II BGB are limited to taking back and redelivering the delivered item.

§ 9.4 In the event of subsequent performance being required, we shall grant the customer at least two attempts at subsequent performance. The subsequent performance can be regarded as failed at the earliest after two attempts at subsequent performance have elapsed. In this case, we can demand a reduction in price or withdraw from the contract at our discretion. Withdrawal is excluded if the breach of duty on our part is only insignificant.

§ 9.5 As a matter of principle, only the manufacturer's product description is agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not represent any contractual indication of the quality of the work.

§ 9.6 The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.

§ 9.7 The limitation period for all warranty claims for all delivered goods, work, repairs, etc. that are not construction work and for built-in material is one year. The statutory provisions apply to construction work. In the event of intent or gross negligence on our part, fraudulent concealment of the defect, personal injury or legal defects within the meaning of § 438 Paragraph 1 No. 1a BGB, the statutory limitation periods apply, as do claims under the Product Liability Act.

§ 9.8 Used goods and special items are sold with no warranty.

§ 10 Disclaimer

§ 10.1 Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to our legal representatives and vicarious agents if the customer asserts claims against them.

§ 10.2 Claims for damages due to injury to life, limb or health and claims for damages resulting from the breach of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. we have to hand over the item to the customer free of material and legal defects and to procure ownership of it. Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty on our part, our legal representatives or vicarious agents, as well as on the fraudulent concealment of defects.

§ 10.3 provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 11 Final Provisions

§ 11.1 The place of performance for all claims arising from the contracts concluded with us, including the customer's payment obligations, is exclusively Rhede Brual.

§ 11.2 The law of the Federal Republic of Germany applies.

§ 11.3 The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is Papenburg/Ems.

§ 11.4 Should one of the provisions of these general terms and conditions be or become invalid, this does not affect the validity of the rest of the contract. The wholly or partially ineffective provision shall be replaced by a provision whose intended economic success comes as close as possible to that of the ineffective provision.