Terms and Conditions

1. Scope

(1) These terms and conditions are exclusively applicable for business relations between Kamil Labaj, Trucktextil (the seller) and the customer. Any deviating, conflicting or supplementary terms and conditions by the customer are opposed by this notice. They will only come into effect if the seller exclusively allowed their use. This requirement for consent is applicable in any case, for example also when the seller, knowing the terms and conditions of the customer, has delivered unconditionally.

(2) Deviating from paragraph 1 are contract agreements made individually with the customer (this includes changes, additions and supplements), which are giving priority to these terms and conditions.

(3) References to legal regulations are only used in this scope for clarification. Even without such a clarification the legal regualations are valid, unless they are not specified explicitly or directly amended.

(4) Contract language is German.

2. Contract

(1) Pricing in the Online Shop do not represent an offer in the legal sense and are therefore flexible and non-binding. Once you click the button „send order“ you are bindingly ordering t the goods in your basket. The confirmation of the receipt and acceptance of your order will be received via an automated Email. A contract was made with this Email confirmation.

(2) Prior to being able to order in the Onlineshop, each customer has to register and open an account. During the course of the registration the customer is required to provide his full and correct contact details. Once the registration has been completed the buyer can log himself into the Onlineshop with his Email and password.

(3) The customer can, after the registration outlined in paragraph 2, select goods from the Onlineshop and place them with the button „Move selected products to the basket“  and collect them in the so called „basket“. In the basket the customer is able to choose the desired quantity of each product, as well as selecting further products or removing them. The customer enters a binding offer to purchase the goods that are in the basket at that time to the there mentioned conditions. The customer can amend and view those details at any time prior to submitting the order. In order to remove an item from the basket, the customer can click on the „bin“ picture at any time.

(4) The customer has to tick a checkbox indicating that he accepts and incorporates these terms and conditions into his order prior to being able to submit the order.
The buyer can view the terms and conditions at any one time on https://www.trucktextil.eu

(5) Upon receipt of the order the customer will received an automated reception Email, to the during the registration provided Email address, listing his order once again. This Email does explicitly not signify the accpetance of the customers offer for the completions of the contract. A contract is only entered when the seller ships the ordered goods to the customer or via a further Email confirming the order (confirmation Email), latest however with the delivery of the goods to the customer.

(6) The content of the contract will be saved by the seller. All contract details are also contained in the order confirmation.

(7) The customer furthermore has the option to enquire with the seller in regards to specific articles via phone, Email, fax or letter. The seller will then provide a relevant offer via Email, letter or fax. A contract is only entered if the customer accepts this offer.

3. Right of withdrawal

(1) Explicit attention is drawn to the right of withdrawal of the customer and the seperate instruction in regards to the right of withdrawal and the sample withdrawal form.

(2) If you are a consumer in the legal sense, you reserve the right to withdraw this contract without stating the reasons within fourteen days. In order to preserve your notice of withdrawal it is sufficient to send the notification informing about the application of the right of withdrawal prior to the end of the withdrawal notice period.

(3) You will have to hand over or send back the goods immediately to Kamil Labaj Trucktextil, but latest within fourteen days of the day you informed me, Kamil Labaj Trucktextil, about the withdrawal of the contract. The deadline has been met if the goods are send off prior to the end of the notice period of fourteen days. The buyer carries the cost of the return postage of the goods. You will only be liable for a loss of value if it can be proven that the loss of value is based on an usage of the good that was not necessary to test the nature, charateristic and function of the product.

4. Returns

(1) Should you have taken advantage of your right to withdraw according to the instruction for the right of withdrawal, please address your returns to Kamil Labaj, Trucktextil, Turmstr.6, 58099 Hagen, Deutschland

(2) The buyer has to cover the costs of the returning of the products

5. Payment, Delivery

(1) Pricing is done in Euro and is inclusive of the applicable VAT. The prices at the time of the order apply.

(2) Delivery only occur against advance payments. The agreed purchase price is to be transferred to the seller within 7 days from the order date stating the order number.

(3) Deliveries will be done as long as stock lasts.

(4) Should delays occur to the delivery, which are outside of the reach of Kamil Labaj Trucktextil (due to force majeure, failure of third party etc), the delivery period will be prolonged accordingly. The customer will be informated about this without delay. In case that the delivery delays longer than four weeks after the order confirmation, both parties are permitted to step back from the offer.

6. Warranty

(1)  In case of obvious material or production faults of the delivered products, including delivery damages, the customer is asked to complain immediately to the seller or supplier. Missing this complaint however does not have any legal consequences for the buyer.

(2) The customer can choose between the right for supplemenary performance, removal of faults/ new delivery, as well as – if the legal requirements are present – the continous right for reduction or withdrawal as well as damages payments - including the compensation for the damage instead of the fullfilment, as well the compensation for the customers‘ wasted efforts - for all faults of the products that appear during the legal warranty period. As long as the seller offers warranty to the customer, the details can be found in the warranty conditions that are always enclosed to the delivered products. Warranty claims exist do not infringe the legal claims/rights.

(3) Damages due to the inadequat or non-conforming measures of the customer that occured during the set up, connection, usage or storage do not pose any claim towards Kamil Labaj Trucktextil. The inadequacy and non-conformity are especially set by the information of the manufactures.

(4) If the customer is an entrepreneur and the ordered service is for his business, his claims for damages lapse after a year of receiving the products.

7. Cost of Repairs/ Estimates

(1) If the products are handed to Kamil Labaj Trucktextil or a contracted repair shop, and the faults, damages or other changes/ deterioration of the goods are not material defects which are covered by the legal warranty or guarantee claims towards the manufacturer, the customer has to pay any cost resulting by quotations, repairs and similar Kamil Labaj Trucktextil.

8. Title retention

(1) The goods are owned by the seller until full payment has been received.

9. Privacy Policy

(1) Data processing is taking place based on the stipulation of the German Data Protection Act (BDSG) as well as the Telemedia Act (TMG). Furthermore reference is also made to the privacy policy.

10. Jurisdiction and applicable law

(1) Exclusive jurisdiction for all contractual relationship resulting directly or indirectly disputes is Aschaffenburg for the cases when the customer is a merchant, a legal entity under public law or a public law special fund. The same applies if the customer does not have a place of general jurisdiction in the country, the customer has moved his domicile or main residence abroad or if his domicile or main residence is unknown at the time of the complaint being filed.

(2) German law applies to all contract completitions and processing. The application of the UN- Convention on Contracts for the International Sale of Goods is excluded.

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