TERMS OF SERVICE
Terms of Service
These general terms and conditions apply in the version valid at the time of conclusion of the contract for all business relations between us, LOMA North America Inc., 1110 SW 28th Street, 33914 Cape Coral, FL - USA, P: +1 (305) 882 9199, and you. If you use conflicting terms and conditions, this is hereby expressly contradicted.
1.2 Contract agreement
Contract language is German while translated here in English language.
The display option in English serves only as an aid.
Verbal agreements that you make with our employees require the confirmation of the managing director in text form.
1.3 Conclusion of contract
1.3.1 Online Shop
The presentation of the assortment in our online shop is initially non-binding. The ordering process consists of a total of five steps. In the first step you select the desired goods. In the second step, enter your data including delivery address. In the third step you select the shipping method and in a fourth step you can specify your desired method of payment and note a different billing address. In the fifth step, you have the opportunity to review all information (such as name, address, method of payment, items ordered) again and correct any input errors before you confirm your order by clicking on the button "order for payment". By placing an order, you bindingly declare your contract offer. We will confirm the receipt of the order immediately. The confirmation of receipt does not represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, by post or by notifying the dispatch of the goods. Only with the assumption the contract comes off.
The contract text will be stored by us and sent to you after sending your order together with the present GTC and customer information in text form (eg e-mail, fax or post). However, the contract text can no longer be retrieved from you after sending your order via the website. You can use the print function of the browser to print out the relevant website with the contract text.
As far as the order is not made through our shop, the contract is concluded individually by offer and acceptance. Unless otherwise agreed here is the usual procedure that you ask us a request and then receive from us a binding offer, which you can then accept within two weeks. With the acceptance of the contract comes off. A separate storage of the contract text by us does not take place, but the content of the contract results individually from the agreement.
1.4 Your information
We always carry out your order according to your specifications and do not check this to your particular application. You are required to provide us with all necessary information for your order prior to performing the order, otherwise we will not be able to begin with our performance (e.g., vehicle specifications, model, year of manufacture). We can not be held responsible for any delays caused by a failure to cooperate on your part. In this case, we reserve the right to assert the delay damage incurred by us in this case.
2. Performance and delivery
2.1 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.2 Partial deliveries
We are entitled to partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.3 Delivery and service delays
Delivery and performance delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by utmost care from us (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite pending coverage business) we are not responsible. They entitle us to postpone the delivery for the duration of the obstructing event.
In case of unavailability for reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse immediately any compensation already paid.
2.5 Exclusion of delivery
PO Box addresses are not supplied.
2.6 Delay acceptance
If you fall into arrears with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the default of acceptance you carry the risk of accidental loss or accidental deterioration.
2.6 Performance time
Please note that our delivery times depend strongly on the delivery times of our partners and therefore longer delivery times may occur. Of course, we always endeavor to send you the goods as soon as possible. Unless otherwise expressly agreed, delivery will be made by us within 90 days. The deadline for the delivery is in advance payment the day after the payment order to the referring bank. The deadline ends on the following ninetieth day. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the deadline ends on the next working day.
3.1 Prices and shipping costs
All prices include VAT. In addition, there are the separately reported costs for packaging and shipping, unless collection is agreed by you at our place of business.
If you have any requests for change after conclusion of the contract, these must be ordered separately and remunerated.
3.2 Late payment
You will be in default of payment if the payment is not received within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you fall into arrears with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The assertion of a further compensation remains at liberty. You have the opportunity to prove that we have incurred no or less damage.
If a down payment has already been made and you receive notification of the readiness for shipment of your goods from us, you must pay us the balance within 14 days of receipt of this notification, otherwise you will also be in default.
3.4 Right of retention
The assertion of a right of retention only applies to such counterclaims that are due and based on the same legal relationship as your obligation.
4. Cancellation policy for consumers in distance contracts
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods / the last goods.
To exercise your right of withdrawal, you must inform us (LOMA North America Inc., 1110 SW 28th Street, 33914 Cape Coral, FL - USA, P: +1 (305) 882 9199, email: firstname.lastname@example.org) by means of a clear statement (eg a with mail or e-mail sent by post) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
- End of revocation -
Exclusion of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (eg individual engraving on customer request, special press-ins, Special requests, etc.). Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Special instructions for premature termination of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the sealing of the goods has been removed after delivery. For contracts for the delivery of sound or video recordings or computer software in a sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.
5. Your responsibility
The content and accuracy of the data and information you provide are your sole responsibility. You also agree not to submit any data whose content violates third party rights or violates existing laws. By confirming the transfer of data to us, you confirm that you have complied with the copyright regulations.
You indemnify us from any claims asserted against us by third parties for such breaches. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for the security of the transmitted information. We can not be held responsible for the loss of your transmitted information as we do not provide a general data protection guarantee.
5.4 Obligation to cooperate
You are obliged to provide the necessary cooperation for the contract so that we can perform the contractual service.
Before you rate us or report on us and describe negative experiences, we ask you to contact us in advance directly so that we can take care of your matter and can find a consensual consensus with you. Should you intentionally slander us and / or defame us or assert untrue facts about us, we will have this reported or warned and demand a declaration of omission. The resulting costs have to be borne by you.
Information about application possibilities of the goods sold by us (for example about suitable sizes and widths of the rims) as well as the technical advice and other information are given to the best of our knowledge and belief and based on experience. It also applies in this respect our disclaimer and reservation. However, you must always ensure that you inform yourself about an order and check that it is suitable for your intended purpose (for example, if the software of your car is suitable for you).
You must always observe the legal regulations and in particular those concerning the registration of your car (eg TÜV). Our TÜV information is based on strength reports and not on article descriptions or parts reports. However, it is up to the TÜV examiner whether he permits a wheelset or not. We are happy to assist you but can not influence or determine the discretion of the respective engineer.
6. Retention of title
If you are an entrepreneur, the goods, works and materials supplied by us remain our property until full fulfillment of all current and future claims arising from the business relationship. For consumers, only the delivered product from the specific contract until full payment of the purchase price remains our property. You must always treat the property under retention of title with care. You assign to us a claim or compensation that you receive for the damage, destruction or loss of these items. Unless otherwise agreed below, you are not entitled to sell, give away, pledge or assign for security purposes the items delivered under retention of title.
6.2 attachment and other impairments
If the goods subject to retention of title are seized or otherwise impaired by third parties, you must notify us immediately so that an action can be brought. If the third party is unable to reimburse the judicial and extrajudicial costs of a claim, you are liable for the loss incurred by us.
As far as you are an entrepreneur, you are entitled to the resale of the reserved goods in the normal course of business. The claims of the customer from the resale of the reserved goods you already assign to us in the amount of the agreed final invoice amount (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. You remain authorized to collect the claim even after the assignment. The right of us to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in arrears and in particular no application for opening insolvency proceedings has been filed or payment has ceased.
6.4 Remodeling, treatment and processing
As far as you are an entrepreneur, the processing and reshaping of the purchased item by you always takes place on behalf of us and on behalf of us. In this case, your right to expectancy continues to the purchase thing at the converted thing. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the objective value of the purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that your item is to be regarded as the main item, it is deemed agreed that you transfer pro rata co-ownership to us and keep the resulting sole ownership or co-ownership for us. To secure the claims against you, you also assign to us such claims that accrue to you by connecting the reserved goods with a property against a third party; We already accept this assignment.
In case of breach of contract by you, in particular default of payment, but also in the case of applying for insolvency proceedings on your assets, we are entitled to take back the thing. In the withdrawal of the thing in this case is no resignation from the contract, unless we explain this explicitly in writing.
6.6 Release of collateral
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we are obliged to release securities at your request.
7.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, presentations and information in our offers, brochures, catalogs, on the website and other documents, technical and creative deviations may occur (eg color, weight, dimension, design or design, scale, positioning, etc.). ), as far as these changes are reasonable for you. Such reasonable reasons for change may arise from commercial fluctuations and technical production processes. Insofar as warranties are given in addition to the warranty claims, you will find their exact conditions for each product. Possible guarantees do not affect the warranty rights.
7.2 Warranty to consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you upon delivery of the goods. If you realize that the outer packaging arrives damaged or notice damage on receipt of the goods, we ask you to inform us. However, there is no obligation to make such a notification, nor are the warranty rights affected by any failure to do so. If the goods are defective, you can optionally demand supplementary performance in the form of repair or subsequent delivery. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw or reduce the price.
7.3 Warranty to entrepreneurs
Contrary to the statutory warranty regulations, it applies to contractors that in the event of a defect we will provide supplementary performance in the form of remedying the defect or redelivery at our own discretion. The risk of accidental loss or deterioration of the item already passes to you upon transfer to the person intended for transport (for example UPS, DHL). Entrepreneurs must immediately report obvious defects and non-obvious defects immediately upon discovery in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
7.4 Rights with insignificant defect
If there is only an insignificant defect, you have the exclusive right to reasonably reduce the purchase price to the exclusion of the right of withdrawal.
7.5 Damages for defects
No warranty is given for damages resulting from improper handling, installation or use (for example, by you or a workshop commissioned by you). The following disclaimer is expressly indicated.
7.6 Statute of limitations
For used goods the warranty is 1 year. As far as you are an entrepreneur, the warranty for used goods is excluded and for new goods, this is 1 year. Excluded from this is the recourse claim. The shortening of the statute of limitations expressly excludes the liability for damages resulting from injury to life, limb or health or in case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
We and our legal representatives and vicarious agents are liable only for intent or gross negligence. Insofar as essential contractual obligations (as a consequence of which such obligations are of particular importance for the achievement of the purpose of the contract) are also affected, slight negligence is also liable. The liability is limited to the foreseeable, contract-typical damage. In the case of a grossly negligent breach of non-essential contractual obligations, we are liable to contractors only in the amount of the foreseeable, contract-typical damage.
The above disclaimer of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.
Personal data collected and processed by us within the framework of the conclusion of the contract and the execution of the contract serve exclusively to justify the contract, to structure the contents, to carry out or to execute the contractual relationship (Art. 6 I b DSGVO). They are not passed on to third parties. Only for the fulfillment of the contract will the data be forwarded to the shipping company responsible for the delivery, insofar as this is necessary for the delivery of ordered goods. In order to process payments, the necessary payment data will be forwarded to the credit institution commissioned with the payment and, if applicable, the commissioned and chosen payment service provider. The use of personal data is therefore only to the extent necessary or if we are required by law or by court order or, if necessary, in a lawful manner to prevent improper use contrary to the General Terms and Conditions.
We store your personal data after the end of the purpose for which the data was collected, only as long as required by law (in particular tax law).
9.3 Your rights with respect to your data
You can ask us for information about whether we process personal data of you and as far as this is the case you have a right to information about these personal data and to the other information mentioned in Art. 15 GDPR.
9.3.2 Right to rectification
You have the right to correct incorrect personal data relating to you and may request the completion of incomplete personal data in accordance with Art. 16 GDPR.
9.3.3 Right to cancellation
You have the right to demand that the personal data concerning you be deleted immediately. We are obliged to delete them immediately, especially if one of the following reasons applies:
Your personal information is no longer necessary for the purposes for which it was collected or otherwise processed. You revoke your consent to the processing of your data and there is no other legal basis for processing. Your data was processed unlawfully. The right to delete does not exist if your personal data is necessary for the assertion, exercise or defense of our legal rights.
9.3.4 Right to restriction of processing
You have the right to ask us to restrict the processing of your personal data, if you deny the accuracy of the data and we therefore check the accuracy, the processing is illegal and you reject the deletion and instead we do not require the data However, if you need them longer to assert, exercise or defend legal claims, you have objected to the processing of your data and it is not yet clear whether our legitimate reasons outweigh your reasons.
9.3.5 Right to Data Portability
You have the right to receive the personal information that you have provided to us in a structured, common and machine-readable format and you have the right to transfer this data to another person without hindrance by us, provided the processing is based on your consent or a contract and processing is done by us using automated procedures.
As far as the processing of your personal data is based on a consent, you have the right to revoke this consent at any time.
9.3.7 General and the right to complain
The exercise of your above rights is basically free of charge. You have the right to contact the responsible data protection supervisory authority for complaints directly.
9.4 Responsible body / contact for data protection
To contact us regarding privacy, please feel free to contact us using the contact information below. Responsible within the meaning of the DSGVO:
represented by its Manager:
Mr. Mario Radosavljevic
LOMA North America Inc.
1110 SW 28th Street
33914 Cape Coral, FL - USA
P: +1 (305) 882 9199
10. Final provisions
The exclusive place of jurisdiction for all legal disputes arising from this contract is Marbella, ES for Loma Baleares SL, provided that you are a merchant, a legal entity under public law or a special fund under public law, or if you have no jurisdiction in Spain.
10.2 Choice of law
Insofar as mandatory legal provisions in accordance with your home law do not preclude, Spanish law shall be deemed to be agreed under exclusion of the UN Sales Convention.
10.3 Consumer Dispute Resolution
The EU Commission has created an Internet platform for the online settlement of disputes regarding contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and obliged to participate in a dispute settlement procedure before a consumer arbitration board.
10.4 Severability clause
The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.