§1 General terms – area of application
1. The following general terms of business are valid for all present and future business relations
between Germanrudgewheels and the customer. Valid is the version of the terms and conditions
that existed at the time when the contract was made.
2. In regard to these terms and conditions a consumer is a natural person with whom a business
relationship is established and to who no commercial or independent professional activity is
attributed to. In regard to these terms and conditions an contractor is a natural person, legal
person or partnership with legal capacity to who a business relations is established and who
practice a commercial or self-employed occupation. In regard to the terms and conditions a
customer is a consumer and an contractor.
3. Divergent, conflicting or complementary general terms of business do not become a part of the
contract unless her validity is not explicitly agreed upon in writing.
§2 Conclusion of contract
1. Our offers are not-binding. Technical as well as other changes are left within the scope of the
2. By submitting an order the customer agrees to the binding contract offer. Germanrudgewheels
immediately confirms the arrival of the customer’s order. The confirmation does not imply the
acceptance of the order yet. The confirmation of the arrival can be connected with the notice of
3. Germanrudgewheels is entitled to accept the contract offer that is sent by the customer’s order
within 3 working days after arrival at us. Germanrudgewheels is entitled to reject the contract
offer, for instance after credit assessment.
4. The contract text is stored by us and is sent to the customer together with the operative terms
and conditions by e-mail after conclusion of contract.
§3 Retention of title
1. In contracts with consumers the product is property of Germanrudgewheels until the product is
paid in full. In contracts with contractors the product is property of Germanrudgewheels until the
entire settlement of all demands of a running business relationship are settled.
2. Germanrudgewheels is entitled to withdraw from a contract with a customer in case the
customers is acting contrary to the terms and conditions, in particular in the case of default.
3. The contractor is entitled to resell the product in the regular course of business.
§4 Right of return
1. The consumer has the right to return the product within two weeks after arrival of the product.
The right of return is applied by returning the product. Punctual dispatch suffices to comply with
the time limit. Products which were customized after a customer specification are excluded from
the right of return.
2. The costs of returning the products are paid by the customer unless the product delivered does
not correspond to the product ordered.
3. The customer has to compensate for lost value on the product after the product was being used.
The consumer may inspect the product carefully. If any usage of the product results in a loss of
value so that it cannot be sold in mint condition the customer has to compensate for this loss in
value. The product is considered to be in mint condition if it is in an unused, flawless and clean
1. The quoted price is binding. In the price the legal sales tax is included. For product delivery
additional costs will be added accordingly. Discount prices are limited to special offers. To the
customer no additional costs originate with order from use of the distant communicative devices.
Germanrudgewheels reserves the right to exclude certain payment methods.
2. The customer has a right to the compensation only if his counterclaims were ascertained legally
or if they were recognized by Germanrudgewheels. The customer can use a retention right only if
his counterclaim is based on the same contractual relationship.
3. The minimum order value is 299,00 €.
§6 Passing of risk
1. The risk of accidental loss and accidental deterioration passes to the consumer when the sold
product is handed over to the consumer.
2. The risk of accidental loss and accidental deterioration passes to the contractor when the sold
product is handed over to the contractor or when the product is handed over to the forwarding
express agent, carrier or any other person or institution put in charge for delivery.
3. The same consequences from (1) and (2) arise if the customer is in default in accepting delivery.
1. Consumers have the choice whether the supplementary performance should occur through
repair or replacement delivery. Germanrudgewheels is entitled to refuse this choice if such
performance is possible only with unreasonable expense and the other form of supplementary
performance has no material detriment or considerable disadvantaged to the consumer. For
contractors Germanrudgewheels warrants for defects of the product after the choice of
Germanrudgewheels by repair or replacement delivery.
2. If the supplementary performance fails the customer can opt for lowering of the reimbursement
(decrease), cancellation of the contract (resignation) or compensation instead of the performance.
If the customer chooses compensation instead of the performance, the restrictions of liability are
valid according to article §8 section 1 and 2 of these terms and conditions. Nevertheless, with only
slight defects the customer has no right of withdrawal from the contract.
3. The contractor must notify Germanrudgewheels in written form about apparent defects of the
product within one week after arrival of the product; otherwise any warranty claim is invalid.
Punctual dispatch suffices to comply with the time limit.
4. The guarantee term for consumers amounts two years beginning at the time of arrival of the
product. The guarantee term for contractors amounts a year beginning at the time of arrival of the
product. If the delivered product is second-hand the guarantee term amounts a year beginning at
the time of arrival of the product. The one year old guarantee term is not valid if OLDTIMERTOOLS
can be blamed with gross fault as well as in case of damage caused to the customer’s health or
loss of life attributable to Germanrudgewheels. The liability of Germanrudgewheels according to the
product liability law remains untouched from this.
§8 Restriction of liability position and exemption
1. By slight neglect of duty the liability of Germanrudgewheels is limited to the predictable,
immediate average damage typical for contract. This is also valid for slight neglect of duty from
legal representatives or assistants of Germanrudgewheels. Germanrudgewheels is not liable for
slight neglect of duty of immaterial contractual obligation with enterprises.
2. The preceding restrictions of liability do not concern claims of the customer from product
liability. Further the restrictions of liability are not valid for damage caused to the customer’s
health or loss of life attributable to Germanrudgewheels.
3. For access to external web sites granted by Germanrudgewheel, Germanrudgewheels is not
liable for the contents of these external web sites. OLDTIMERTOOLS does not own external
contents. Germanrudgewheels shuts down access to illegal contents on external web sites
immediately after getting notice about it.
4. Germanrudgewheels is exempt by the customer from any disadvantages that could result from
damaging activity from a third party – indifferently whether deliberately or negligently.
§9 Data privacy
The customer has been informed about kind, extent, place and the purpose of the elevation,
processing and use of necessary personal data for the processing of orders as well as about his
right of objection for the use of his anonymized user profile for the purposes of the advertisement,
the market research and to creation of the service tailored to suit a market need (see “privacy
information”). The customer agrees to the elevation, processing and use of personal data
expressly. The customer has the right to revoke his consent anytime with immediate effect (see
“data privacy consent”).
All rights reserved: Texts, pictures, sound, graphics, animations and videos as well as their
arrangement on our websites are protected by the copyright and other protection laws. The
contents of these websites may not be copied for commercial purposes, be changed or be made
accessible to third parties. Some of our websites contain pictures which are protected by the
copyright of third parties. Unless it is not explicitly indicated all trademarks on our websites are
protected by trademark laws. Visiting our websites does not grant any license or rights to use the
§11 Final provisions
1. These terms and conditions are subject to the laws of the Federal Republic of Austria. For
contracts of a propose that can not be counted under profession or a business of consumer, this
choice of law is only valid if the offered protection is not withdrawn through cogent law of the
country where the consumer has his usual residence. The provisions of the UN Convention on
Contracts for the International Sale of Goods do not apply here and are expressly excluded.
2. If the customer is a merchant, legal entity under public law or a federal special fund under public
law the exclusive place of jurisdiction for any disputes arising out of this contract shall be the
location of Germanrudgewheels. This also applies if the customer does not have a general place of
jurisdiction in Germany or if his place of residence or usual abode is unknown at the time the
proceedings are brought forth.
3. Should individual provisions of the contract with the customer, inclusive of these general sales
terms and delivery conditions, be or become ineffective, then the validity of the remaining
provisions is not affected by this. The completely or partially ineffective regulation is to be replaced
by a regulation whose economic success comes as close as possible to that of the ineffective
regulation. The dispositive law applies until an appropriate new regulation has been created.
If an ordered product of your choice is not available in the short-term it will be sent to your for free
when it becomes available again. You will be notified by email.
If you liked to order in our on-line shop, you must have taken note of our Terms and Conditions
and have accepted what you confirm to us please with the following form.