Terms and Conditions
§ 1 Scope, provider
(1) These General Terms and Conditions apply to all contracts for the supply of goods that you conclude with Transhover GmbH, Grünauer Straße 57, 12557 Berlin (hereinafter "Seller") via the online shop at transhover.com.
(2) A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity (§ 13 BGB, German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its trade, business or self-employed professional activity (§ 14 BGB).
(3) Deviating terms and conditions of the customer shall not become part of the contract unless the Seller expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
(2) By clicking the "order subject to payment" button, you submit a binding offer to purchase the goods contained in the shopping cart. Immediately before submitting the order, you can review your entries in the order overview and change them using your browser's correction functions.
(3) The contract is concluded with the order confirmation sent automatically immediately after you submit your order. This order confirmation is sent to you in text form at the same time and contains the text of the contract.
(4) The text of the contract is stored by the Seller and sent to you in text form together with the order confirmation. The contract languages are German and English; the German version shall prevail.
§ 3 Prices and shipping costs
(1) All price information represents final prices and includes statutory value added tax. Any additional shipping costs are stated separately in the online shop and are shown in the total price before the order is submitted.
(2) The shipping costs depend on the country of delivery and are shown to you during the ordering process before the order is submitted.
§ 4 Delivery and passing of risk
(1) Delivery is made to Germany and to the member states of the European Union to the delivery address you have provided.
(2) The estimated delivery time is stated in the online shop (as a rule 8 to 12 weeks from conclusion of the contract and receipt of payment in full, unless otherwise stated for the goods).
(3) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer only upon handover of the goods (§ 475 para. 2 BGB). If the customer is an entrepreneur, the risk passes upon handover of the goods to the carrier (§ 447 BGB).
§ 5 Payment
(1) Payment is made either by SEPA bank transfer or PayPal. Payment processing is carried out via the payment service provider Mollie B.V.
(2) When paying by SEPA bank transfer, you will receive the payment details (IBAN and payment reference) by e-mail. The invoice amount is to be paid without deduction within the communicated period (12 days).
(3) When paying by PayPal, you will be redirected to Mollie for payment.
§ 6 Retention of title
(1) The delivered goods remain the property of the Seller until payment has been made in full.
(2) If the customer is an entrepreneur, the Seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full.
§ 7 Intended use – no approval for use on public roads
(1) The devices offered have no approval for use on public roads within the meaning of the StVZO/FZV (German Road Traffic Licensing Regulations / Vehicle Registration Ordinance). They are intended exclusively for use off public roads, for example on cordoned-off private and operational premises, shipyards and event areas.
(2) This characteristic is an expressly agreed quality of the goods (§ 434 BGB). The absence of road approval therefore does not constitute a defect.
(3) The customer is responsible for compliance with the regulations applicable at the respective place of use. Use on public roads is not permitted; the Seller accepts no liability for any consequences arising from this.
§ 8 Warranty / liability for defects
(1) The statutory rights in respect of defects apply. For consumers, the limitation period for newly manufactured goods is two years from delivery.
(2) If the customer is an entrepreneur, the limitation period for claims based on defects is one year from delivery of the goods; the obligation to inspect and give notice of defects pursuant to § 377 HGB (German Commercial Code) applies.
§ 9 Liability
(1) The Seller is liable without limitation for damages arising from injury to life, body or health as well as for intent and gross negligence and under the Product Liability Act (Produkthaftungsgesetz).
(2) In the case of slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
§ 10 Right of withdrawal
Consumers have a statutory right of withdrawal. Details can be found in the separate withdrawal instructions. The right of withdrawal does not exist for goods that are made to customer specifications or are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 BGB); this applies in particular to devices with a special paint finish chosen by you. Entrepreneurs have no right of withdrawal.
§ 11 Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers with their habitual residence in another EU member state, the mandatory consumer-protection provisions of the state of residence remain unaffected (Art. 6 Rom-I-VO, Rome I Regulation).
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of the Seller (Berlin).
(3) The contract and communication language is German. English translations serve only for comprehension; with respect to consumers, mandatory consumer rights remain unaffected by this.