General terms and conditions
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Terms of Use

B2B Internet commerce for
AUTEC GmbH & Co. KG,
Ziegeleistraße 25, 67105 Schifferstadt, Germany

  • Service provider for the purpose of the Teledienstgesetz (tele service act; TDG) and the Telemediengesetz (tele media act; TMG) is:

    AUTEC GmbH & Co. KG
    Represented by Managing Directors Dr. Hans-Uwe Berger, Thomas Geis
    Ziegeleistraße 25, 67105 Schifferstadt, Germany,
    Phone: +49 6235/9266-0
    Fax: +49 6235/9266-72
    E-Mail: info(at)autec-wheels.de (info@autec-wheels.de)
    Commercial register no.: HRA 51803 Â? AG Ludwigshafen
    VAT ID no.: DE 197741070

    The Website is object of the following Terms of Use agreed between us and the user of the Website upon accessing it. If special terms pertaining to individual uses of the Website should deviate from the present terms, this will be expressly referred to at an appropriate place on the Website and such special terms shall then apply to the respective case. This Website contains data and information of all kinds protected by title and copyright laws and owned by us or, in some cases, third parties. It is therefore not allowed to download, to reproduce and to disseminate the Website in full or in part. Only the technical reproduction for the purpose of browsing without any commercial intent and the permanent reproduction for oneÂ?s private use shall be permitted.

  • No link must be placed upon this Website without our consent even if it is for cross-reference purposes only. You may not frame this Website or connect links, especially inline-links, hyperlinks or deep links.

  • We assume liability for the contents of our Website pursuant to the legal regulations. However, the user is hereby contractually bound to install the latest version of a virus protection programme on his EDP system, to do regular and reasonable data back-ups and to apply state-of-the-art protection. We are only liable for the loss of data if this were unavoidable despite any data back-up.

  • The user is hereby contractually bound not to take any action that might jeopardise or disrupt the Internet shopÂ?s function and not to access unauthorised data. Further, he has to see to it that his information and data imported via the Internet shop are not infected with viruses, worms, Trojans or other elements impeding the Internet shopÂ?s functions. The user is hereby contractually bound to compensate us for all damages arising from non-compliance with the above obligations and to indemnify us from any claims asserted by third parties against us for any non-compliance with the above obligations, including all legal fees.

  • We do not guarantee the correctness and completeness of the information found on this Website. Links to websites, databases or third partiesÂ? services are for your convenience only. If you use these links, you leave this Website. Such links or references do not constitute or imply any endorsement of the contents found there. We are not responsible for the data and information made available there, unless we know about the contents and are technically able, and it is reasonable, to prevent the use of the links in case of illegal contents. We have no influence on the contents found behind the link. In no event will we be liable for illegal, wrong or incomplete contents and for damages arising from the use of the contents behind the link.

  • The Internet is no secure system. We cannot guarantee that data being transferred to us are protected against third partiesÂ? access during such transfer. The user accesses the Internet at his own risk. In particular, we are not liable for any technical breakdown of the Internet or access to the Internet. Further, we do not guarantee a permanent accessibility and operational reliability of the Website including the Internet shop. We therefore hereby exclude any liability for technical or electronic errors occurring during an order, a delayed processing and acceptance of offers in particular. We therefore do also exclude any liability for network breakdowns we have not caused. In case of disruptions, the user may contact us by phone, fax, e-mail or letter.

  • The place of jurisdiction is our seat in Ludwigshafen. These Terms are subject to the law of the Federal Republic of Germany exclusively. Application of the uniform laws on the sale of goods and the Convention on Contracts for the International Sale of Goods, CISG, is hereby excluded.

  • We reserve the right to modify these Terms of Use and to adapt them to technical and legal developments. If any of the provisions in these Terms of Use is invalid, this is without prejudice to the validity of the remainder of the provisions. The invalid provision shall be replaced by one taking account of the business purpose of the invalid one as fully as possible. The same shall apply if these Terms of Use should show a gap to be filled.


Last date of modification: 15.06.2007

General terms and conditions

B2B Internet commerce for
AUTEC GmbH & Co. KG,
Ziegeleistraße 25, 67105 Schifferstadt, Germany

  • Scope

    • The legal relations between us and the customer are subject to the present General Terms and Conditions exclusively; any deviating terms of the customer are not accepted. Our General Terms and Conditions shall also apply if we make or accept deliveries in the knowledge of contradicting or deviation terms of the customer.

    • With the exception of the present Terms and our Terms of Use, only the legal regulations shall apply.

    • Our General Terms and Conditions shall also apply to any future transactions.

    • Those General Terms and Conditions shall apply that are posted on our Website (s.o., oder finden sich die AGBs wirklich auf der Homepage selbst?) at the time the order is being placed. They can be downloaded or printed. The customer is notified of any amendment to the General Terms and Conditions by fax, e-mail or a reference on the Website.

    • In addition to these Terms, the use of our Internet shop is subject to our Terms of Use the customer has to agree to. These can be downloaded or printed. The customer is notified of any amendment to the Terms of Use by fax, e-mail or a reference on the Website.

  • Definition of terms
    Â?CustomerÂ? is the contracting party, regardless of the nature of the contract, and the invoicee, the recipient of the goods or the recipient of any notification. Â?UsersÂ? are those people visiting the SellerÂ?s Website. Â?GoodsÂ? are the contracted objects, programmes and services.

  • User registration

    • A full use of the Website for entering into a business relation and such transactions is only possible if the customer is an entrepreneur. The customer has to register. Prior to accepting such registration we will check the customerÂ?s creditworthiness and reserve the right to refuse a registration or to retract it. All registration data provided by he customer have to be complete and true. After a positive check on his registration, we shall provide the customer with his access data consisting of his account number and a password.

    • The customer is hereby contractually bound to make these access data only available to authorised legal representatives. The customer is liable for any abuse of the access data within his domain of responsibility. The right to use our Internet shop must never be assigned to third parties without our consent. The customer is further bound to keep his access data confidential and to protect them against unauthorised access by third parties. Should the customer pass on the access data within his company, he has to ensure the authorised staff do not disclose them. The customer shall inform us forthwith of any suspicion of an abuse by third parties. As soon as we learn of any unauthorised use, we shall block access. We reserve the right to change the access data, in which case we shall inform the customer forthwith and provide him with the new access data.

    • The declaration of his agreement with the applicability of our Terms of Use and our General Terms and Conditions aside, the customerÂ?s registration does not constitute any obligation to buy. By notifying us, the customer can unregister at any time. In addition, the customer may contact our system administrator at info@autec-wheels.de or +49 6235/9266-0 (switchboard).

    • Should the customerÂ?s data (company name, representation rights, address etc.) change, he is hereby contractually bound to inform us of such in writing or by fax.

    • We are entitled to dispossess the customer of his access data and to block his access to the Internet shop if there is suspicion of a violation of our Terms of Use. The customer may rectify this situation by furnishing appropriate evidence at his own expense.

  • Data protection

    • We shall use the personal and corporate data (form of address, name, address, e-mail-address, phone and fax number, banking particulars etc.) provided by the customer in accordance with the German data protection laws.

    • The personal and corporate data relevant to the reasons for and contents or amendment of the contract (customer account data) shall only be used for processing the contracts of sale entered into between us and the customer. Any additional use of the customer account data for the purpose of advertising, market research or gearing our portfolio shall require the customerÂ?s express consent.

    • Those personal and corporate data necessary for the usage and settlement of our products and services (usage data) shall at first also only be used for processing the contracts of sale entered into between us and the customer. Such data are, in particular, the customerÂ?s user ID features, the beginning and end and scope of the respective use and all data on the tele services used by the customer. Such usage data may be used for advertising, market research or gearing our tele services to come up with usage profiles if pseudonyms are created and used. The customer may object to such use or demand more information on such use.


    The objection or the demand for information can be filed at any time by notifying us. In addition, the customer may contact the system administrator at info@autec-wheels.de or by phone at +49 6235/9266-0.

  • Conclusion and contents of the contract

    • The presentation of our range of products in our Internet shop does not constitute a binding contractual offer. The customer submits a binding offer by sending his order to us. We reserve the right to refuse or accept this offer at our own discretion and in case of acceptance send an order confirmation by e-mail. If we refuse a customerÂ?s offer, we shall inform him by e-mail forthwith.

    • If any data on the range of products were wrong or if there is a minimum order quantity, we shall make the customer a counteroffer he can refuse or accept at his own discretion.

    • The descriptions, diagrams and illustrations etc. contained in catalogues, price lists or other advertising means are for the customersÂ? information only. We do not guarantee the correctness of such data. With regard to the type and scope of the delivery, the only relevant data are those contained in the order confirmation.

    • Minor deviations from the confirmed condition and quantity are deemed approved if reasonable and customary in the trade.

    • If we have entered into a congruent hedge with the supplier and are not responsible for any wrong or non-delivery, the conclusion of the contract is subject to a correct and timely delivery by our own suppliers. We shall inform the customer of any delay or non-delivery and reimburse any counter performance effected by the customer forthwith.

    • If it turns out that ordered goods are not available, we reserve the right to withdraw from the contract. We shall inform the customer about the unavailability of the goods and reimburse any counter performance effected by the customer forthwith.

    • If an order is in excess of a quantity customary in the trade, we reserve the right to a corresponding limitation.

    • Collaterals and amendments to the contract require our written confirmation. This does also apply to any waiver of written form.

  • Electronic ordering

    • The customerÂ?s order becomes legally binding when he has put goods in his Â?WarenkorbÂ? (falls noch nicht vorhanden: shopping basket) and pressed the buttons Â?Nächster BestellschrittÂ?(next step), Â?Bestellung überprüfenÂ? (check order) and Â?Bestellung absendenÂ? (submit order). The customer shall only receive a confirmation by e-mail if he has entered a valid e-mail address. The customer is contractually bound to check his data for mistakes prior to submitting them.

    • The order has been accepted when we confirm it in writing or deliver the ordered goods to the customer.

    • By clicking on the button "Warenkorb", the customer can check its contents. By clicking on the individual items and Â?"Löschen" (delete) individual items can be removed. After pressing the button "N&äuml;chster Bestellschritt ", the customer can also check what goods he has ordered and remove them. However, as soon as the customer has pushed "Senden" (submit), the order can no longer be changed electronically.

  • Price, terms of payment

    • Our price is a net price unless expressly designated a gross price. The customer also has to pay VAT plus p&p. Prices do only refer to the number of units given. The minimum order quantity for wheels is 4 (four). If the order falls short of this number, a short-quantity surcharge of ¤8 per wheel is due.

    • Unless stated otherwise in our online information, the prices refer to the respective depicted article in accordance with its description but not to contents, accessories and decoration.

    • Cheques and B/Es shall only be accepted after a prior written agreement and on account of performance. In case of non-cashing, the customer is liable for damages.

    • Our accounts receivable have to be paid within 30 days after our full performance.

    • If the customer is in default of payment, he has to pay the statutory interest on arrears. We expressly reserve the right to assert a larger loss on interest. This is without prejudice to the customer proving a smaller loss on interest.

    • The customer may only execute a right of retention for counterclaims if such are based upon the same contractual relationship. In permanent business relations, any individual order constitutes a separate contractual relationship. Only legally valid claims or such recognised by us can be offset against ours.

    • If we have individual prices or terms of payment with a customer, these shall also apply to transactions processed via our Internet shop.

  • Delivery, transfer of risk

    • Confirmed delivery dates are subject to change. Any confirmation is subject to a timely delivery to us by our suppliers. Any deviation requires our express written confirmation.

    • Keeping such a deadline requires the parties to have settled all technical and commercial matters and the customerÂ?s fulfilment of his obligation to cooperate (provision of the necessary licences, technical documents etc.). If the customer is in default of such, the delivery deadline shall be reasonably extended.

    • The deadline shall be deemed kept if the ready-for-use consignment has been dispatched within the agreed period of delivery and performance. If there is a delay caused by the customer, the deadline shall be deemed kept upon our notification that we are ready to dispatch.

    • If the deadline is not kept for provable reasons of mobilisation, war, riots, strike, lock-out or any other event outside our influence, the deadline shall be reasonably extended. We shall notify the customer of the beginning and the expected end of the circumstances above as soon as possible. This is without prejudice to the customerÂ?s right of withdrawal from the contract for unreasonableness.

    • We are entitled to partial deliveries if reasonable.

    • The risk of loss or deterioration of the goods and the price risk shall be transferred to the customer upon delivery to the person to whom the dispatch has been assigned.

  • Liability for defects

    • Goods for the purpose of this provision is not the entire delivery but only the individual defective object.

    • The customer has to notify us in writing of any apparent defect forthwith, within two weeks at the latest. We are entitled to check the alleged defect. If the customer refuses, we are thereby exempted from our warranty.

    • A chosen supplementary performance incurring 25 per cent overrun costs when compared with another type of supplementary performance means disproportionate costs.

    • Within the framework of the supplementary performance we have to be granted a reasonable deadline of at least 14 days.

    • The parties hereby agree that parts removed in the course of reworking are transferred to our ownership. Defective goods have to be returned to us at our expense after the non-defective goods have been delivered.

    • We expressly disclaim all warranties for the following actions by customers: unsuitable or improper use, wrong assembly, wrong storage, natural wear and usual tear, wrong maintenance, unsuitable production equipment and facilities, and chemical, electro-chemical or electrical influences unless we are responsible for them. We also expressly disclaim any warranties for non-compliance with our instructions and advice or operating instructions and/or a maintenance manual. Further, we are not liable for any improper reworking or modifications to/dismantling of the goods by the customer or a third party commissioned by him.

    • Any supplementary performance because of a non-defect is at the customerÂ?s expense.

    • Defects are prescribed one year after the delivery of the goods unless we have wilfully caused the defect. The exception are claims pursuant to Section IX, Sub-section 8 of the present General Terms and Conditions.

  • Exemption from liability

    • We assume unlimited liability for damages for culpably caused personal injury and loss of life, damaged health, any damage caused wilfully or in gross negligence by us or our vicarious agents. If we assume a guarantee for a special condition of the goods, our capability to procure them or any other guarantee, we are liable for any damage arising from non-fulfilment of such guarantee and also pursuant to the Product Liability Act and any other compulsory liability by law. In cases of a slightly negligent breach of contract (so-called cardinal obligations) we are liable to the amount of the contract-typical foreseeable damage, which, as a rule, does not overrun the ordered goodsÂ? purchase price.

    • There is no further liability on our part whatsoever.

    • The statutes of limitations shall apply.

    • The above regulations shall apply to all claims for damage, regardless of their legal basis, also to liability for tort in particular.

    • The current state of the art does not allow us to guarantee any perfect or permanently available data communication via the Internet. We do not guarantee a permanent accessibility and operational reliability of our Internet shop. We hereby exclude any liability for technical or electronic errors outside our influence during an order, a delayed processing and acceptance of offers in particular. We also exclude any liability for network breakdowns we have not caused. Our pertinent Terms of Use shall also apply.

  • Assignment, pledging

    The rights and duties arising from contracts covered by these General Terms and Conditions may only be assigned to third parties, pledged or assigned as security with our prior written consent.

  • Reservation of ownership

    • All deliveries are subject to reservation of ownership. The ownership of the delivered goods shall only be transferred to the customer upon full payment.

    • The customer must not pledge, assign as security or process or re-design the goods prior to the transfer of ownership.

    • The customer may only re-sell the delivered goods in ordinary course of business. In case of such a re-sale, he hereby assigns all arising claims to us as security for the purchase price payable. The customer is authorised to collect the accounts on our behalf. This authorisation is revocable. After such revocation, we are entitled to notify the customerÂ?s buyer of the assignment and collect the account ourselves. The customer is hereby contractually bound to inform us about the re-sale and his buyer in full. The customer is hereby contractually bound to point out to his buyers our reservation of ownership and, if need be, the assignment at our request.

    • If the value of the goods subject to this reservation of ownership or the assigned claims of the customer should exceed our claims by more than 20 per cent, we will release the excess at his request and at our discretion.

    • The customer has to notify us of any distraint affecting the assigned claims or the reservation of ownership in writing forthwith so that we can take appropriate legal steps at any time.

  • Export licence

    The export of the products might be subject to a licence pursuant to German or foreign law, e.g. because of their type or intended use. We are not obligated to furnish any such information. If products are intended for export, the customer has the sole responsibility to get all possibly required licences. We are not contractually bound to fulfil the contract is this leads to an infringement of applicable export law.

  • Place of fulfilment and jurisdiction, applicable law

    • For all obligations arising from the contract the place of fulfilment is our seat in 67105 Schifferstadt, Germany.

    • The place of jurisdiction for the assertion of contractual claims arising from the deliverables is also our seat in Ludwigshafen, Germany.

    • All legal relations between the parties are subject to the law of the Federal Republic of Germany exclusively. Application of the uniform laws on the sale of goods and the Convention on Contracts for the International Sale of Goods, CISG, is hereby excluded.

    • If any of the provisions in these General Terms and Conditions is invalid, this is without prejudice to the validity of the remainder of the provisions. The invalid provision shall be replaced by one taking account of the business purpose of the invalid one as fully as possible.


Date of last modification: 15.06.2007