I. Information concerning Distance Selling and Conclusion of Contract in Electronic Business Transactions
The following contract conditions are valid for all contracts made via the online shop at the URL http://www.felgenoutlet.de between
German eTrade GmbH
Register Court: Amtsgericht Dresden
Register Number: HRB24038
Sales Tax Identification Number according to Sec. 27a UStG: DE 243518421
Managing Directors: Rene Schmidt, Uwe Krause
Tel.: +49 (0) 3521 / 71 76 90 (Mon – Fri: 10am – 6pm, Sat: 9am – 1pm)
Fax: +49 (0) 3521 / 72 88 31
and the “Customer“
According to these General Terms and Conditions, Customers are “Consumers” as well as
“Companies”. A Consumer is any natural person who completes a legal transaction for a purpose that
can be attributed neither to that person’s business nor to that person's freelance activity. A
“Company” is any natural person or legal entity or a non-incorporated firm with legal capacity that
completes a legal transaction in the context of that person or entity's business or freelance activities.
The relations between the contract parties are subject to the laws of
the Federal Republic of Germany. In the case of Consumers, German law is only applicable insofar as the granted protection
is not withdrawn by obligatory legal regulations of the state in which the Consumer’s common
residence is located.
2. Conclusion of the Contract in Electronic Business Transactions [back to top]
The products and services listed in our online shop do not represent binding offers by German eTrade
GmbH. Rather, they are intended to invite the Customer to make a binding offer by placing an order.
As soon as we have received your order, we will send you an e-mail confirmation with more details.
After that we will check the availability of the items you have ordered. If one or more items are not
available, we will not accept your offer, and you will receive a message via e-mail. German eTrade
GmbH is entitled to accept the Customer’s contract offer within 3 (three) business days following the
receipt of the order. The contract with the Customer is only valid after German eTrade GmbH has
explicitly accepted the order.
German eTrade GmbH bears no risk of procurement and reserves the right to be relieved of the
obligation to fulfill the contract in case of incorrect or improper self-supply by sub-contractors. In
case of intent or negligence in accordance with the liability provisions in article II 9 of these General
Terms and Conditions, the responsibility of German eTrade GmbH remains unaffected. In case of
unavailability of the service or a part of the service, German eTrade GmbH will inform the Customer
immediately. In case of cancellation, the consideration will be refunded to the Customer immediately.
Orders can only be accepted from Customers 18 years of age and older. For technical reasons, it is not
possible to process orders via telephone, fax, post or e-mail. We exclusively accept orders placed in
our online shop.
3. Information about your Right of Withdrawal [back to top]
In accordance with distance selling regulations, Consumers have a right of withdrawal. If the
Consumer makes use of this right, the contact parties agree that the Consumer bears the regular
costs of return if the price of the item does not exceed 40€ or if, at a higher price of the
item, the Consumer has not reciprocated the consideration or a part of it at the time of the withdrawal, unless
the delivered item is not the one that was ordered. As a Consumer you are thus entitled to rescind
the contract in accordance with the following right of withdrawal notice.
Right of Withdrawal Notice
Right of Withdrawal
You may withdraw from your contract in writing (e.g. fax, e-mail) within 14 days without indicating
reasons or, if you have received the item before the deadline, by returning the item. The period of
time terminated by the deadline begins upon receipt of this notice in writing, but not prior to
receipt of the item by the recipient (or in case of recurring delivery of similar items, not prior to
receipt of the first partial delivery) and also not prior to fulfillment of our obligations in accordance
with Art. 246 Sec. 2 EGBGB in connection with Sec. 1 Para. 1 and 2 EGBGB as well as our obligations
in accordance with Sec. 312g Para. 1.1 BGB in connection with Art. 246 Sec. 3 EGBGB. The timely
submission of the withdrawal or item is sufficient to meet the deadline of withdrawal.
Withdrawals must be submitted to:
German eTrade GmbH
Fax: +49 (0) 3521 / 72 88 31
Consequences of Withdrawal
In case of an effective withdrawal, any services that have been received by either party must be
returned and any derived benefits (e.g. interests) must be surrendered. If you cannot return all or
part of the received services or benefits (e.g. benefits from use), or can only return them in a
deteriorated condition, you must provide us with compensation as required. Compensation must
only be provided for derived benefits or deterioration of the item if the benefits or deterioration
are attributed to handling of the item in a manner that extends beyond checking the properties
and basic functions of the item. "Checking the properties and basic functions" refers to the testing
of goods as a customer would handle goods in a retail shop. Items that can be shipped via parcel
post must be returned at our expense and risk. We will pick up items that cannot be shipped via
parcel post. Obligations to refund payment must be met within 30 days. For you, the period of time
terminated by the deadline begins with the submission of your declaration of withdrawal or the
item; for us, upon receipt of those.
End of Right of Withdrawal Notice
In accordance with Sec. 312d Para. 4 No. 1 BGB, right of withdrawal is excluded for contracts
concerning the delivery of items that have been manufactured according to customer specifications
or that have been specially adapted to the Customer’s requirements.
To facilitate the quick return and processing of your withdrawal, please contact our support team:
Tel.: +49 (0) 3521 / 71 76 90 (Mon – Fri: 10am – 6pm, Sat: 9am – 1pm)
Fax: +49 (0) 3521 / 72 88 31
The return takes place on behalf and under the control of German eTrade GmbH. A previous
coordination concerning the pickup and return via the e-mail address listed in the Right of
Withdrawal Notice facilitates the identification of the shipment. German eTrade GmbH also
emphasizes that a previous coordination is not a precondition for the validity of the withdrawal.
4. Extended Right of Return of up to 30 Days upon Receipt [back to top]
Apart from your legal right of withdrawal you are granted an extended right of return of up to 30 days upon receipt of the items for all purchases. With this right you may withdraw from the contract also after the legally obligatory deadline of 14 days (see Right of Withdrawal Notice) by sending the items back to us within 30 days upon receipt of those (deadline starts one day after receipt of the items). All items must be sent to the address indicated in No. I 4 of these General Terms and Conditions. Timely submission of the items is sufficient to meet the deadline. In order to exercise your extended right of return, all items must be unused. A testing of the items must not extend beyond a visual inspection or the handling of those as a customer would handle goods in a retail shop. The items must be complete, undamaged and in their original condition. In case of a return the items must be sent back at the Customer’s expense and risk. If you have problems with the return transport or if you do not have suitable packaging material, please contact our customer support (Phone: +49 (0) 3521 / 71 76 90 Mon – Fri: 10am – 6pm, Sat: 9am – 1pm or E-Mail: shop[at]felgenoutlet.de).
Please send the items to:
Felgenoutlet - German eTrade GmbH
01662 Meissen, Germany
If you exercise your extended right of return, the refund will be done via the account you have used to pay the respective order. If you have used the options payment in advance or payment on account to pay your order, the refund will be done by bank transfer. In case of PayPal or credit card payments, we will return the total amount to your PayPal or credit card account.
Your legal right of withdrawal (see No. I 3) remains intact and unaffected by the stipulations of this supplementary and contractual (extended) right of return. Until the end of the legally obligatory deadline concerning your legal right of withdrawal all legal stipulations mentioned in the respective paragraphs shall apply. The contractual (extended) right of return does not affect your legal warranty rights.
II. General Terms & Conditions of German eTrade GmbH (Version: June 2012)
The following conditions apply to all orders submitted via this website, i.e. www.FelgenOutlet.de. The
General Terms & Conditions valid at the time of the order shall apply.
1. Prices; Shipping and Handling Costs[back to top]
Our prices are total prices and include the legally applicable VAT at the time of the order as well as
shipping and handling costs within Germany. For international shipping costs to European countries,
please see our shipping costs table at http://www.felgenoutlet.de/shop/versand. In individual cases
of cross-border delivery, Customers may pay additional taxes (e.g. in case of an intra-community
acquisition) and/or dues (e.g. customs duties). Shipping within Germany is free of charge for orders of
at least one set (4 wheels or 4 wheels with tyres). The prices of the items visible in your shopping cart
are identical to those on the product details pages of our website. Please note that special offers may
only be valid for a limited time. Offers depend on product availability. We charge the price that was
listed on the website at the time of your order. Orders are placed at the current market price. Please
note that we are not bound to honour incorrect prices. When an order is placed, neither German
eTrade GmbH nor the Customer enter into any contractual agreement.
Products marked as ready to ship immediately
are shipped within one business day (Mon. – Fri.)
following receipt of payment or authorization of the selected payment method.
Products that are not marked as ready to ship immediately are offered by suppliers of
FelgenOutlet.de. The delivery time for these products is 4-7 business days. Please note, however, that
these products must be ordered for you by FelgenOutlet.de and that delivery can only take place if
our supplier has the selected product(s) in stock when they are ordered.
If a product is marked as ordered on your behalf, this product is ordered for you individually. If a
product that is marked as ordered on your behalf cannot be obtained by us, we reserve the right to
offer you an adequate alternative product. If this is not possible, we must cancel the order.
German eTrade GmbH accepts the payment methods that are listed on the webpage(s) of the
individual offer for selection by the Customer. The Customer selects his or her preferred option from
the available payment methods.
German eTrade GmbH reserves the right to exclude certain payment methods in individual cases.
Payment by posting cash or cheques is not possible. German eTrade GmbH excludes liability for
If the Customer chooses to pay on account, German eTrade GmbH reserves the right to transfer the
data submitted by the Customer to Klarna GmbH. You can find more information about customer
data privacy at:http://www.felgenoutlet.de/shop/datenschutz
Delivery of purchased items takes place within 4 (four) business days following authorization of
payment or receipt of payment for wheels without tyres, or within 4-7 (four to seven) business days
for wheels with tyres, unless a longer delivery time is explicitly indicated during the ordering process.
The shipment is sent to the shipping address indicated by the purchaser.
You will be informed about the delivery via e-mail.
The risk of accidental perishing of the ordered goods is transferred to the purchaser as soon as the
goods are submitted to him or her (Sec. 446 Para. 1 BGB) or when he or she is in delay of receipt (Sec. 300 Para. 2 BGB).
If the shipment is damaged, we kindly ask you to proceed as follows: If possible, please claim the
damage directly to the employee of the delivery service and record the nature and extent of the
damage. Otherwise, claims adjustment of the potentially damaged contents of the shipment against
the delivery service is nearly impossible.
You can refuse to accept damaged goods or make an appointment for pickup with our customer
service. Please contact our customer service immediately in case of delivery of damaged items.
By doing so, you help us both to enforce our claims against the delivery service and to improve our
customer service. You can contact our customer service at:
Tel.: +49 (0) 3521 / 71 76 90 (Mon-Fri: 10am – 6pm, Sat: 9am – 1pm)
Fax: +49 (0) 3521 / 72 88 31
Possible rights and claims of the Customer – above all, legal rights of the purchaser in case of any
defect(s) exhibited by the sales item – remain unaffected by the preceding provisions. For this reason,
these provisions do not contain a point of expiration for the rights of the Customer in accordance
with No. II 8 of these General Terms and Conditions.
We retain title of all goods delivered by us until payment has been received in full. We are entitled as
per our right to reserve title to demand the immediate release of goods subject to our reserved title
with the exclusion of all withholding rights, unless the counterclaim has been determined legally or is
uncontested. During the reservation of title Customers must treat retained goods with care; inform
German eTrade GmbH immediately of access by third parties to the retained goods, e.g. in case of
repossession, and of damage or perishing; provide access to all information and documents
necessary for the preservation of the rights of German eTrade GmbH; and inform repossession agents
or third persons of third party property and any change in possession of the goods or change of
If we are unable to provide the services owed due to force majeure (especially natural disasters), then
we are free of our obligations to provide the services for the duration of the hindrance. If the order
cannot be completed or the items delivered for a period longer than one month due to force
majeure, then you are entitled to withdraw from the contract.
We are not the manufacturer of any of the items delivered by us. In case of claims resulting in
accordance with the German product liability act (ProdHaftG), we will contact the manufacturer on
your behalf. You can make a claim by logging into your account on our website at
http://www.felgenoutlet.de/account. Click on My Account, select the relevant order and use the
Make a Complaint button displayed for that order.
After you have received the goods and before mounting the wheels, please compare your vehicle
data, the stamp indicating the offset and the bolt pattern (PCD) with the data in the corresponding
German type approval certificate issued by the TÜV! If the type approval certificate is missing,
please contact our customer support.
Furthermore, any warranty granted by German eTrade GmbH is subject to the provisions of the
following paragraphs. German eTrade GmbH makes no guarantee of any kind. The mere
presentation of items in the online shop is to be seen strictly and exclusively as a description of
service. Third party guarantees, especially manufacturer guarantees remain unaffected.
There is no warranty in case of damages resulting from inappropriate treatment or use of the goods
by the Customer. The same holds true for deliberate damage or wear.
If the sales good is defective, the Customer has the right of supplementary performance, if and
insofar as the requirements of the legal regulations concerning the rights in case of defects are met.
In case of supplementary performance, Consumers may choose between mending and
replacement. German eTrade GmbH, however, is entitled to deny the method of supplementary
performance selected by the Consumer if that method can only be implemented at
disproportionate cost and the other method of supplementary performance does not result in any
significant disadvantage for the Consumer.
In case of Companies, German eTrade GmbH makes a guarantee of its own choosing for defective
goods by mending or replacement.
The limitation period of rights in case of defective goods is 2 (two) years for Consumers and 1 (one)
year for Companies starting from the time of the receipt of the goods by the Customer. The
aforementioned limitation period is not valid insofar as German eTrade GmbH is liable in
accordance with No. II 9 of these General Terms and Conditions or a third-party right in rem is
affected, due to which the release of the delivered item may be requested.
The rights of recourse of Companies as defined by Sec. 478 and 479 BGB remain unaffected by the
previous provisions in paragraphs 1-7 of this No.
Companies must report obvious defects within 2 (two) weeks following the receipt of the goods by
contacting our support team. Otherwise, the enforcement of warranty claims is excluded. The
timely dispatch of the notice of defect is sufficient to meet this deadline.
German eTrade GmbH is liable without limitation for injury of life, body or health resulting from
negligent or deliberate breach of duty as well as for other damages resulting from a grossly negligent
or deliberate breach of duty or malicious intent.
Furthermore, German eTrade GmbH is liable without limitation for damages included in binding legal
regulations, e.g. the German product liability act (ProdHaftG), or if and insofar as German eTrade has
furnished a guarantee for the properties of the item or for the fact that the item retains certain
properties for a certain period of time.
German eTrade GmbH is liable if substantial contractual obligations are injured due to simple or slight
negligence, limited to usual and foreseeable damages. Substantial contractual obligations are those
obligations which enable correct execution of the contract and to which a contractual party may
expect the contract partner to adhere under normal conditions (cardinal obligations).
In case of slightly negligent violations of contractual obligations that are not included in the previous
paragraph (insubstantial contractual obligations), German eTrade GmbH is liable to Consumers;
however, the liability of German eTrade GmbH is limited to usual and foreseeable damages.
Further liability is excluded, regardless of the legal nature of the claim.
10. Language of the Contract / Storage of the Contractual Text[back to top]
The language of the contract is German.
The text of the contract will not be stored and can no longer be accessed after the order process has
been completed. However, you can print your order details immediately after submitting your order.
The place of fulfillment and legal venue for transactions with companies and legal entities is the
business location of German eTrade GmbH. The same provision applies if the Customer is a Company
without a general legal venue within Germany, or if the place of residence or the permanent dwelling
at the time of filing a complaint is unknown. The power to take legal action in a different legal venue
remains unaffected. This contract is subject to the laws of the Federal Republic of Germany, excluding
the United Nations Convention on Contracts for the International Sale of Goods and Private