1st Validity of the terms and conditions, existence of the contract prices

1.1 apply for the contractual relationship between the customer and BORN2RIDE Only the following terms and conditions of the BORN2RIDE (the "Terms"). Different terms are not. They shall also not apply if these do not BORN2RIDE explicitly contradict or explain the customer, only on his terms to try to conclude the contract.

1.2 The contractual relationship between the customer and BORN2RIDE comes through a written offer of the customer and the acceptance by BORN2RIDE, the writing in the way of an order confirmation or done implicitly by including the delegated power can. Offers to the customers of BORN2RIDE legally have the character of a Invitation to submit an offer by the customer.
Information on prices and / or performance times in the BORN2RIDE Offers in principle be subject to change and apply only to Time of the offer. Performance times are valid only as fixed dates, if this explicitly in the written order confirmation of BORN2RIDE intended or otherwise agreed in writing with the customer is.
1.3
2. Payment
2.1 bills BORN2RIDE are - unless otherwise in writing agreed - once, i.e. with their access to the customer to pay due.

2.2 If the customer with a payment longer than 7 days in arrears falls, is entitled BORN2RIDE, all outstanding amounts from the Relationship with the customer and its affiliates in the The meaning of § 15 AktG are due.

2.3 If payment of the customer BORN2RIDE is entitled, in Business with (company R) s interest at a rate of 8 Percentage points above the base rate p. a. German To call for the Bundesbank. In transactions involving a consumer is, the claim for interest BORN2RIDE on interest rate of 5 Percentage points above the base rate limited. BORN2RIDE It reserves the right to prove greater damage and delay claims to do.

3. Supplies, delay
3.1 BORN2RIDE is entitled to the delivery of the payment of Advance or other security with the customer depends on make.

3.2 Unless the order confirmation states otherwise, carried from a delivery of the (by BORN2RIDE traded goods, "goods") the location of the BORN2RIDE. The risk passes to the customer when the Goods to the customer or the carrier was passed. If the customer Hopes will be stocked by the supply transport insurance, the costs accrued by the customer.

3.3 Partial deliveries are permitted by BORN2RIDE and remain BORN2RIDE reserved. BORN2RIDE will provide clients in advance of any partial shipments writing to teach.

3.4 If the customer does not BORN2RIDE If goods delivered on time, BORN2RIDE is entitled to put the customer a reasonable grace period. The grace period will be less than 7 days. After the expiry of BORN2RIDE entitled to exploit or use the goods to the customer Storage costs are taken into account. Untouched by the statutory Claims of BORN2RIDE, especially the right to rescind the contract and / or claim damages for breach of contract.
BORN2RIDE is entitled to 25% of the agreed net salary as To demand a penalty. The customer shall it reserves the right to BORN2RIDE that no damage or only a lesser harm. The Claim for damages is actually higher BORN2RIDE reserved.

3.5 Meets BORN2RIDE own delivery and / or performance obligations not within agreed between the parties, failing which the Customer BORN2RIDE first admonish and a grace period for compliance with the contractual obligations and share. If BORN2RIDE despite the warning and Deadline their delivery and performance not or not on time and according to the client incurred a loss arises, then the Customer is entitled to demand compensation. The compensation amounts to For each full week of delay, 0.5%, however in total no more than 5% of Net order value of that portion of the total supply, the result of BORN2RIDE by default, the customer is not timely or not contract may be used. Instead of the compensation request the customer in accordance with statutory requirements regarding the resignation of the Contract or entitled to a rebate. Other claims Are associated with a possible delay in delivery of BORN2RIDE excluded, unless intent BORN2RIDE is a burden.

4. Warranty 4.1 The customer agrees to the goods delivered up from BORN2RIDE obvious defects, or deviations or wrong (in the Following: "deficiencies") should be investigated and these - if any -- written reprimand to BORN2RIDE (§ § 377, 378 HGB). The defects are accurately described in the complaint and to immediately but no later than make three working days in writing to, otherwise valid from BORN2RIDE supplied material approved as a contract and, unless the defect was not apparent in the investigation. Later defects discovered are also without delay, failing which the goods are also regarding these deficiencies have been approved. If the customer s Examination and notification under the preceding provisions not timely or not to stand against him Warranty BORN2RIDE not to.

4.2 Customers warranty does not arise if a) Customer BORN2RIDE of the delivered goods in an appropriate manner or not otherwise improperly used, b) the customer the product or altered in any way treated or processed c) only standard deviations of the shipment in color, weight and Properties are available, d) commercial or small, technically unavoidable differences in quality are available,

4.3 In the case BORN2RIDE is to ensure, at his option Repair or replacement. If BORN2RIDE the Expected of repair or replacement is not possible or not is the customer is entitled to BORN2RIDE to reduce the fee payable or after his election to withdraw from the contract. Beyond Claims, especially for loss of profits or other Entitled to claim damages to the buyer only if BORN2RIDE whose legal representatives or agents due to the lack represented intentional or grossly negligent breach of duty to have. This restriction does not apply if the damage results from a breach of Life, limb or health is based or claims under the Product liability law be invoked.

4.4 The warranty is excluded if a) a breach of the relevant provisions of the Highway Code or the total allowable axle bridge or the underlying supply or chassis payload capacity it appear b) Natural wear and tear and damage due to negligence and / or improper treatment, the Ensure excluded. c)
4.5 Customer s warranty to expire BORN2RIDE within 12 months after delivery of the material to the customer.

5. , Right of retention A right to offset the buyer only if its counterclaims legally established or recognized in writing by BORN2RIDE are. Similarly, the buyer to exercise a lien only to the extent entitled to his counterclaim is legally enforceable and that on the same contractual relationship.

6. Liability 6.1 BORN2RIDE liable for any harm just in case that a contractual duty at fault in a purpose of the contract manner that endangers or is injured the injury to gross negligence or is the result of intent. This applies to all damages, regardless of the legal grounds, including tort. The Limitation of liability applies to both BORN2RIDE themselves and for their legal representatives and agents.

6.2 In case of culpable violation of a contractual Duty is the liability of BORN2RIDE, their legal representatives and Agents limited to damages that typically arise and reasonable for BORN2RIDE at the time of conclusion were predictable, provided that the breach of contractual duty grossly negligent or intentional.

6.3 The foregoing limitations will not apply for damages the loss of life, limb or health of the consumer, provided them with BORN2RIDE whose legal representatives or Agents have been negligently caused. The liability of BORN2RIDE under the provisions of the Product Liability Act or other compelling statutory provisions also remain unaffected.

7. Retention of title 7.1 The delivered goods remain of BORN2RIDE until full Payment property of BORN2RIDE. The goods may be conducted by the customer only ordinary course of business continue to be sold. If not yet paid Goods are resold, the customer enters the current against the buyer Claims up to the amount still in the business relationship BORN2RIDE open to liability from BORN2RIDE. BORN2RIDE accepts the assignment of Customers are already on. BORN2RIDE is at all times to disclose Assignment.

7.2 The buyer will BORN2RIDE to the pursuit of their rights necessary information and leave records. A Not pledge of still unpaid goods at the BORN2RIDE by the buyer is prohibited.

7.3 If, by a third party claim to the goods delivered by BORN2RIDE Goods are collected, the buyer has the third party of the Retention of Title BORN2RIDE point of writing and writing immediately BORN2RIDE to teach. The information is at least the letter of claim each claimant included.

7.4 delivered by BORN2RIDE goods with foreign goods are inextricably mixed, so BORN2RIDE acquired ownership of the blended product. The rate of co-ownership share is a ratio of by BORN2RIDE delivered goods to the confusion caused by the overall product.

7.5 BORN2RIDE committed to security in accordance with this Determination back to the Customer as soon as the value of the collateral the value of the secured claims by more than 20%.

8. Privacy The personal (for the business transaction data and data necessary Order) of the customer are stored in BORN2RIDE. All personal information will be kept confidential by BORN2RIDE.

9. Jurisdiction / place / Choice of Law 9.1 performance for all performance obligations from the contractual between BORN2RIDE and the customer is the seat of BORN2RIDE. Similarly, Jurisdiction for all disputes arising from or in connection with the Contract (including bills and checks), the seat of BORN2RIDE, unless the customer is a merchant.

9.2 Für alle Rechtsstreitigkeiten zwischen BORN2RIDE und dem Käufer, also for foreign customers, the law of the Federal Republic Germany. German law applies excluding the UN Sales Convention (CISG).

10. Severability If any provision of this Agreement invalid or infeasible or ineffective, the validity of the remaining Provisions. Instead of the invalid provision shall be those having legal system as intended and explained that the purpose of the invalid provision, and the entire contract, taking into account Good faith and the entry like commerce Habits and practices is closest.