Terms and conditions
Reifen Center Wolf GmbH & Co. KG
Managing Director: Alexander Wolf
Hanau Local Court,HRA 5260
personally liable partner:
Wolf Vermögensverwaltungs GmbH
Registered headquarters: Nidderau
Hanau Local Court,HRB 5820
FFM Volksbank Bad Vilbel
bank code 501 900 00
account 10 512 10
Int. VAT No. DE812579849
Tax No. 02236000014 (Hessen)
General Terms and Conditions of Delivery
1.1 Our Terms of Sale apply exclusively to all contracts. Ordering party’s terms and conditions that deviate from our Terms of Sale find no application.
1.2. The General Terms and Conditions of Delivery in their current form are made known or supplied to the purchaser when a proposal is issued, or, when long-term business relations exist, in a separate circular, enclosed with each invoice and on the Internet. The purchaser declares that he is familiar with the General Terms and Conditions of Delivery on the order being issued.
1.3. Our proposals are non-binding. We are only bound by orders when we confirm them in writing or comply with them by shipping the goods. Verbal ancillary agreements only find application when confirmed in writing.
2.1. In cases of Force Majeure (such cases apply when the circumstances and events could not have been avoided through professional management), we suspend all obligations to the contract for the duration of the disturbance and the extent of its damage. If ensuing delays occur beyond 6 weeks, both parties have the right to rescind from the contract in full. No rights to any other claims exist.
2.2. This also apples when Force Majeure or circumstances with the same effect occur at our suppliers.
3.1. If proprietary packaging and transport and are used, we reserve the right to charge the purchaser for the costs or rental fees we have to bear for late returns, i.e. when the normal period of time for unloading is exceeded and late return of packaging, loading equipment or goods results in additional costs for us. If packaging is misplaced we shall charge for the initial procurements costs.
3.2. Shipments take place by the usual route and at the risk of the ordering party/purchaser. Drayage and additional costs for special kinds of forwarding required by the ordering party/purchaser are borne by him. Deviating agreements also require the written form.
3.3. If a purchaser is in arrears with a payment, we shall suspend our commitment to deliver.
3.4. If an agreed delivery date is exceeded due to our culpability, real delay in delivery first applies after a suitable extended delivery date has been set.
4.1. If no other agreements exist, our deliveries take place ex-works excluding packaging.
4.2. The prices valid on the day of delivery always apply for charging. If these are higher than at the time of the contract being entered into, the customer has the right to rescind from the contact for goods not yet taken up within 14 days of being informed of the price increase.
4.3. All prices are quoted exclusive of VAT.
4.4. In the case of freight-cost free delivery, for example, the prices we state shall be based on the freight and ancillary charges applicable at the time of the proposal being made. They shall therefore be adapted to the altered freight or ancillary charge rates for our delivery, to our benefit or to the detriment of the ordering party, without the customer having a right to rescind to this extent.
5.1. Our invoices are due net immediately after issue. If the ordering party comes into arrears, we shall have the right to charge interest at a rate of 8% above the base rate in line with § 288 II GCC (German Civil Code). We reserve the exclusive right to assert claims for all further default-induced losses. If interest is applied at more than 8% p.a. above the base interest rate, the purchaser has the right to prove that lower damages apply, whereby the lowest limit is 8 % p.a. below the respective base interest rate.
The time limit for the SEPA pre-notification is reduced to three calendar days. The notification of the direct debit collection through a SEPA direct debit will be carried out on the invoice.
5.2. No cash discount is provided for acceptances. Discount charges are to be borne by the purchaser. If cheques or bills of exchange are not honoured, we can sue for any undue receivables immediately.
5.3. The acceptance of bills of exchange or cheques does not count as payment until they have been honoured. We reserve the right to refuse apparently foreign or the customer’s own cheques or acceptances in all other cases. All costs and expenses including any litigation costs are to be borne by the customer/purchaser as soon as the documents are received. We provide no guarantee for the timely submission of the said documents.
5.4. Only undisputed or legally established receivables give the purchaser the right to offset or retain.
5.5. In the of case payment default, or justified doubt concerning the solvency or credit-worthiness of the purchaser, we are, regardless of our other rights, authorised to demand security or advance payment for outstanding deliveries and make due immediately all claims from the business relationship.
5.6. Payment of the invoice by direct debit is agreed between the customer and us, and if a returned debit note is required, a processing charge of €5.00 is charged. This charge is to be paid by the customer, along with the fees charged by the relevant credit institute.
6.1. All goods sold remain our property until full payment of receivables from the business relationship with the purchaser is received. The purchaser is authorised to dispose of purchased goods in professional business transactions.
6.2. Retention of title also extends to products manufactured by processing, mixing or combining our goods at their full value, whereby we remain the manufacturer. If retention of title applies to third-parties resulting from processing, mixing or combining our goods with theirs, we purchase joint ownership amounting to the sum invoiced for these processed goods.
6.3. For our protection, the purchaser assigns all claims against third-parties resulting from further sales to us now, to the full extent or to the value of any joint ownership that we retain. He is authorised to collect until cancellation or adjust his payment to us and for our account. To assign the claim, the purchaser is not authorised to use factoring, even for the purpose of collecting receivables. This does not apply when an obligation to factor justifies effecting financial compensation of a sum equal to our share of the receivables until we have no more claims for receivables against the purchaser.
6.4. The purchaser is obliged to inform us immediately of access to goods that we own or receivables due to us by third-parties per registered letter.
6.5. Practicing title retention does not mean rescinding from the contract.
6.6. The goods and the receivables in place of the goods may neither be pledged to third-parties nor transferred or assigned as security until full payment has been received.
6.7. If the value of collateral exceeds our receivables by more than 20%, we will release collateral according to our choice on the demand of the purchaser.
7.1. We provide warranty according to law. The warranty period is limited to 12 months, commencing on the date of delivery.
7.2. Claims for damages due to subsequent damages such as liability for bodily harm, disturbances in operations and any other damages are excluded at all times.
7.3. All information on the suitability, processing and use of our products, as well as technical consulting and other miscellaneous information is provided with our best will and knowledge, but does not discharge the purchaser from checking and testing the products himself. The purchaser is obliged to check all goods delivered for deficiencies in quality and utility immediately on receipt by taking a sample, otherwise the goods will be accepted as being approved.
7.4. Our warranty obligations are limited to replacement, conversion, reduction or remedial repair according to our choice. Compensation is excluded. Goods which have been complained about may only be returned with our express written approval.
7.5. § 476 GCC finds no application.
7.6. The assignment of warranty claims is excluded.
8. Place of performance is our company seat.
9. Jurisdiction shall be Hanu for all present and future claims from the business relationship including cheque and bill of exchange receivables. The same jurisdiction applies when the purchaser has no general jurisdiction is Germany, moves his domicile or normal place of residence abroad after entering into the contract, or his domicile or general place of residence is unknown at the point in time when an action is brought against him.
10. In the case of the invalidity of one or more of the provisions of these Terms and Conditions, the remaining provisions remain unaffected.
11.1. When purchasing a retreaded tyre, the sales price of a worn tyre of the same type and size that is given to us at the same time will be credited to the customer on demand on condition that the tyre can be retreaded. We shall decide on alone and shall inform the customer of our decision within a period of 21 days. If the customer fails to take the old tyre back 14 days after receiving the written refusal, it will be transferred into our ownership without replacement. The purchaser is obliged to bear any costs of disposal.
11.2. Retreading the tyre we receive shall take place using state-of-the-art systems and the best raw materials available after we have carefully checked the fabric substructure. Retreading shall take place according to the standard procedure for retreading. We reserve the right to decide on the type of retreading to take place. The same applies for shoulder-to-shoulder or bead-to-bead retreading.
11.3. The risk that a tyre may be unusable after sanding it down for retreading is borne by the customer.
11.4. A 12 month guarantee is provided for retreaded tyres, but only on fabrication deficiencies which become apparent during the retreading procedure if these caused a drop in mileage performance. The guarantee obligations of the seller are also limited in this case to his choice of replacement, conversion, reduction or remedial repair. Goods for which a complaint has been received may only be returned with our express written approval.
11.5. Complaints cannot be accepted for any form of wear caused by normal use due to particular driving styles, manners of use, locations or similar causes.
11.6. Tyres for which a replacement has been provided according to Item 4 become our property.
11.7. We reserve the right to cut up tyres returned due to complaint to determine the defect or deficiency.
12. Product Changes
The purchaser is obliged to sell the goods to other parties as classified (e.g. renovated, repaired), and to describe the exact technical properties of the goods. Goods which we own to which miscellaneous changes have been made since delivery, and in particular where serial numbers have been erased or the quality reduced, may not be used on the road or supplied to third-parties. By violating this obligation the purchaser shall pay a penalty for breach of contract to be endorsed according to our discretion, which, in the case of dispute, shall be set by Hanau regional court. Over and above this he shall also be obliged to compensate us for all damages resulting from the violation of his obligation, including any immediate subsequent damages.
13. RFT tyres, MON Extended tyres, truck tyres with Aircept, and tyres with spare tyre character.
13.1 In order to prevent serious traffic accidents, the tyres named above may only be fitted to vehicle with functioning tyre-pressure control systems. In case of a drop in the tyre pressure, an increased risk of accidents occurs with potentially serious consequences ma occur when the then specified reduced and approved top speed and driving distances of 80 km/h for a maximum of 80 km for RFT tyres, 80 km/h for a maximum of 30 km for MO Extended tyres and 60 km/h for a maximum of 25 km for activated Aircept are exceeded.
13.2 The purchaser is obliged to point out the dangers stated under Item 13.1 3 when selling the above-mentioned tyres. Selling the tyres named above to consumers whose vehicles are not fitted with a functioning air-pressure control system is prohibited. The sale and fitting of Aircept systems is only permitted in combination with tyres approved by the tyre manufacturer. Tyres of the type mentioned above should only be fitted to vehicles with appropriate approval, by specialist resellers certified by the tyre manufacturer. After activating the Aircept system or changing a tyre fitted with Aircept, it should be used after a detailed check has been made according to the manufacturer’s instruction from Aircept.
13.3 Further product information on the above-mentioned tyres is available from the respective manufacturers and can be sourced from the brochures, product information and fitting tips accessible on the manufacturers’ websites. Each consumer is to be handed the correct brochure when purchasing one of the tyres mentioned above or an Aircept systems. The additional notes on the side-wall of the tyre are to be observed in all cases and the consumer is to be informed of their existence.
13.4 Continental SSR Tyres
When Continental SSR Tyres are mounted, it must be ensured that the employee/person carrying out the task knows the right mounting procedure (important information at: www.conti-ssr.de). The Purchaser warrants that it has this knowledge.
14. Declaration on Data Protection
We greatly appreciate the fact that you have put your trust in Reifen-Center Wolf GmbH & Co. KG. We therefore attach particular importance to protecting your personal data. When orders are placed, personal data is collected, such as e.g. title, first name, surname, address, postcode, town, email address, connection data (e.g. IP address) and telephone number, in order to handle the order and enable the goods to be dispatched.
We assure you that at Reifen-Center Wolf GmbH & Co KG all personal data is treated confidentially, and that when processing and using data we comply with the statutory regulations laid down in the Federal Data Protection Act and the Law on Tele-Services Data Protection. We store and process the data needed from you in order to carry out transactions, and pass it on to associates or third parties for handling orders where applicable. In order to check addresses and credit standing, Reifen-Center Wolf GmbH & Co. KG calls up the address data and information on credit standing stored under your name in the databases at the information agency given below, which includes data established using mathematical and statistical methods (scoring):
CEG Creditreform Consumer GmbH, Hellersbergstr. 12, 41460 Neuss
If any negative data emerges during the business relationship permitting reliable conclusions to be drawn about a customers insolvency or unwillingness to pay, then heeding the requirements laid down in the Federal Data Protection Act (the overriding interests of an individual person or the general public), this data shall be sent to the information agency along with the name and address. The information agency makes this data available to other businesses for checking credit standing, provided the latter can prove that they have a legitimate interest in acquiring such knowledge.
Moreover, data is collected and processed for our own marketing purposes. Use also includes passing on address data for marketing purposes to trustworthy partner businesses. Use and disclosure are done in compliance with the provisions of data protection legislation.
Note: You may revoke the use, processing and transmission of your data for marketing purposes at any time, by notifying
Reifen Center Wolf GmbH & Co. KG
by sending an email
to – email@example.com
On receipt of your revocation, we shall stop using and processing the data affected for marketing purposes, immediately cease sending any further advertising materials, and/or no longer pass on your data for marketing purposes.
15.1 Triangular trade (B2B) The sold goods remain our property until our claims from the business relationship with our customer have been paid in full. This applies, in particular, to the delivery of goods for third-party accounts. The goods remain our property until full payment has been made by our customer, irrespective of the payment made by the consumer to our customer.
15.2 We retain the power of disposition over the goods until their delivery to the consumer. Any redirecting of the goods or any prevention of their delivery may be performed only by us.
15.3 Our customer shall check the sales identification number of his/her consumers.
15.4 If our customer delivers to final consumers, the delivery shall be liable for VAT.
15.5 If we suffer any damage due to an infringement and become liable to pay, our customer shall be obliged to pay us compensation for the damage in full plus the costs of legal proceedings.
Nidderau, August 2016