Terms & Conditions
77815 Buehl (Baden)
– hereinafter refered to as “4WARD4X4”
1.) General / Applicability
These General Terms and Conditions shall apply for all deliveries and services of 4WARD4X4 as long as they are contractually binding and as long as nothing to the contrary is expressly stipulated in the offer text.
2. Regulations and information on the conclusion of the contract
a ) General
All representations on 4WARD4X4’s internet site represent only a non-binding invitation to make an offer by the customer.
b) Technical steps which facilitate the conclusion of the contract and the establishment of the purchase contract with the order through the online shop
For an order of one or several items through the online shop, the items must first be marked for ordering by clicking on the “Order” link. In the “Basket” (which can be accessed at any time through a link in the shop) you will be guided through the order process after clicking the “Checkout” button, where every step is explained and required information is requested.
The order process is concluded when the customer clicks the “Buy” button in step 4 (“Last check- is everything ok?).
This constitutes an offer from the customer to conclude a contract, which 4WARD4X4 can accept within two days of receipt. The order confirmation does still not represent an offer. The acceptance of the offer by 4WARD4X4 is carried out with a separate order confirmation or through delivery of the goods. The purchase contract will then be concluded.
c) Contract conclusion through an order by phone, email, fax or letter
Where this is expressly offered in the online shop, the conclusion of the contract through an order from the customer by phone, email, fax or letter shall take place as follows:
The customer declares, orally or in writing, their binding intention to purchase the specific item of the offer in the online shop. This constitutes the offer from the customer to conclude a contract, which 4WARD4X4 can accept within 14 days of receipt.
The acceptance of the offer by 4WARD4X4 shall take place by sending the delivery confirmation or through delivery of the goods. The purchase contract will then be concluded.
d) Storage and access to the contract text
4WARD4X4 shall store the contract text and shall send the customer the order details and the contractual details by email. 4WARD4X4 thus gives the customer the opportunity to access the contractual provisions and store them in a reproducible form upon the conclusion of the contract. Access to the contract text saved by 4WARD4X4 is only possible- with the exception of the freely accessible GTC- to registered customers through a customer account.
e) Recognition and correction of input errors
In order to recognise and prevent input errors during the order process, the customer shall be shown an overview page before the actual order is submitted in order to be able to verify the details of the order and correct any errors either himself in the input field or through the use of the “Back” button in the internet browser.
f) Available languages
The language of the agreement is German.
3. Prices and payment terms
The prices advertised at the time of the order shall apply. Postage and packaging costs shall, if such costs arise, be calculated additionally and will be indicated to the customer promptly. In the event of an international order, it cannot be excluded that your bank or your country will impose costs or taxes of which 4WARD4X4 is unaware, such as import duties or processing costs for the payment. These are not charges which can be passed on or billed to 4WARD4X4.
4WARD4X4 accepts all payment methods listed on the website. 4WARD4X4 shall issue an invoice to the customer for the ordered goods which will be sent to him in text form at the latest with goods delivery.
The total price of the ordered goods is payable depending on the payment method.
4. Postage and packaging costs
Postage and packaging costs shall, if such costs arise, be indicated to the purchaser in good time before the ordering process.
In case of cancellation, the customer shall bear the normal costs of return shipment if the delivered goods correspond to what was ordered and if the price of the goods to be returned does not exceed 40 euros, or when in the case of a higher price the customer has not yet, at the time of the revocation, provided consideration or not made a contractually agreed partial payment.
5. Delivery and delivery times
Delivery of the goods to the customer shall take place via a third-party provider (delivery service).
The delivery times can be found either in the product description or in the postage information which can be accessed separately in the shop.
Partial deliveries are permitted unless the customer expressly declines an interest in this or if this is clearly unreasonable to them. Reasonableness is established if
a) the partial delivery is useful for the customer in line with the intended purpose of the contract,
b) delivery of the rest of the ordered goods is assured and
c) the customer will not be charged any additional significant costs or the seller declares they are prepared to assume these costs.
The cost of transport and packaging shall, should such costs arise, only be charged once for partial deliveries.
6. Unavailability, replacement delivery
In the case that an ordered item is not available, 4WARD4X4 reserves the right to perform a service (supply of an item or a service) which is equivalent in terms of quality and price, where this is reasonable for the customer and he agrees to the replacement delivery in writing. If this is not possible or if the customer does not agree, 4WARD4X4 cannot carry out the promised service. In this instance, the legal provisions shall apply.
7. Transfer of risk
If the customer is a businessman, i.e. if he acts upon conclusion of the contract in the performance of his commercial or independent professional activity, the risk of accidental loss, destruction or degradation of the goods shall be transferred to the customer on handover, or if a sales shipment on delivery of the goods to the freight forwarder, carrier or person/company otherwise appointed to carry out the delivery to the customer.
In all other cases the risk of accidental loss and degradation of the purchased item, even in the case of sales shipment, shall pass to the customer with the handover of the goods, regardless of the selected shipment method.
8. Exclusion of the right of revocation
This revocation right shall not apply if, upon conclusion of the contract in the performance of your commercial or other independent professional activity, the customer acts as a businessman in line with § 14 of the German Civil Code (BGB).
Furthermore, there shall be no revocation right for distance selling contracts
a) for goods which were manufactured according to customer specifications or which are clearly tailored to personal needs or
b) which due to their nature are not suitable to be returned
c) for the supply of audio or video recordings or computer software where the delivered data carriers have been unsealed by the customer.
9. Warranty, guarantee
Statutory regulations shall apply.
If a guarantee is given in the offer, the legal warranty shall remain unaffected by this.
10. Retention of title
All deliveries shall be made under retention of title. The item remains the property of 4WARD4X4 until payment of the purchase price is made in full.
11. Complaints procedure
4WARD4X4’s complaints procedure meets the requirements of professional diligence. If the customer wishes to raise a complaint, he can do this orally or in writing to all the communication methods and addresses/names given here. Prompt processing is assured.
12. Place of jurisdiction, applicable law
The place of jurisdiction for all disputes in connection with the delivery transaction is the registered office of 4WARD4X4 in the case that the customer is a businessman, a legal entity under public law or a public law special fund or indeed is a consumer, who does not have a general place of jurisdiction in Germany or whose registered office moves abroad after conclusion of the contract, or if the registered office of the customer at the time of making the complaint has not been established.
The contracting parties agree with regards to all legal relationships from this contractual relationship, that they shall be exclusively governed by the laws of Germany, excluding application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
13. Guidance on the Packaging Ordinance
We note that we are connected to an approved dual system according to legal guidelines.
14. Guidance on the Battery Law
Batteries must not be placed in a domestic waste bin. You are legally obliged to conduct a professional disposal of batteries and rechargeable batteries. For this purpose you can dispose of used batteries for free at municipal collection points in your community or anywhere where batteries are sold. You may also send used batteries back to us at the above address. We shall then dispose of them professionally for free. Harmful batteries must be marked with a logo consisting of a crossed-out waste bin and the chemical symbol (Cd = cadmium, Hg = mercury or Pb = lead) of the heavy metal contained in the battery resulting in a harmful classification.
The waste bin means: Used batteries should not be placed in a household waste bin.
The signs under the waste bin stand for:
Pb: Battery contains lead.
Cd: Battery contains cadmium.
Hg: Battery contains mercury.
15. Additional provisions
In the event that a provision of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions. This shall apply especially for the contract which has already been concluded. The invalid clause shall be replaced by a statutory provision. This shall only apply if in this case adhering to the contract would cause unreasonable hardship to either contracting party. Then the contract shall be completely invalid.