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General terms and condition

General Terms and Conditions with Customer Information

1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Reservation of Ownership
8. Customer Account
9. Warranty for Material Defects and Guarantee
10. Liability
11. Storage of the Contract Text
12. Final Provisions

1. Scope
1.1. The business relationship between Rent a Chauffeur GmbH, Bahnstraße 42-46, 61381 Friedrichsdorf (hereinafter “Seller”) and the customer (hereinafter “Customer”) is exclusively governed by the following General Terms and Conditions in their version valid at the time of the order.

1.2. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that acts in exercise of their commercial or independent professional activity when concluding a legal transaction.

1.3. Differing conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
2.1 The presentation of products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.

2.2 All offers are valid “while stocks last” unless otherwise noted on the products. Errors excepted.

Note: Please enter the appropriate button labels below.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button label: [add to cart]. Within the shopping cart, the product selection can be modified, e.g., deleted. Then, the customer can proceed to complete the order process within the shopping cart by clicking the button label: [proceed to checkout].

3.2. By clicking the button label: [order with obligation to pay], the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the entire ordering process. Required fields are marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, which lists the customer’s order again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days, hands it over, or confirms the dispatch to the customer with a second email, explicit order confirmation, or sending the invoice. Acceptance can also occur through a payment request addressed by the seller to the customer and, at the latest, by completing the payment process. In case of multiple acceptance actions, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound to their offer.

3.4 In the case of customers who are entrepreneurs, the aforementioned period for dispatch, handover, or order confirmation is seven instead of two days.

3.5. Should the seller enable prepayment, the contract is concluded with the provision of bank details and payment request. If payment is not received by the seller despite being due, even after a renewed request, within a period of 10 calendar days after sending the order confirmation, the seller withdraws from the contract, resulting in the order being void and the seller having no delivery obligation. The order is then settled for the buyer and seller without further consequences. Thus, a reservation of the article in case of prepayments is made for a maximum of 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.

4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Product Availability
5.1. Insofar as prepayment is agreed, delivery occurs after receipt of the invoice amount.

5.2. If delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose delivering a comparable product. If no comparable product is available or the customer does not wish to have a comparable product delivered, the seller will immediately refund any consideration already provided.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are entrepreneurs, it applies that the risk of accidental loss and accidental deterioration of the goods passes to the buyers as soon as the seller has delivered the item to the forwarder, carrier, or other person or institution specified for carrying out the shipment; the specified delivery dates and deadlines, subject to other promises and agreements, are not fixed dates.

5.6 Delivery and performance delays due to force majeure and due to unforeseeable events that significantly complicate or make delivery impossible for the seller, and which are not to be represented by customers who are entrepreneurs, even in case of bindingly agreed deadlines and dates, are not the responsibility of the seller. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable startup period. The right to postpone the deadline applies to customers who are entrepreneurs also in cases of unforeseen events affecting the operations of a preliminary supplier and which are neither to be represented by him nor by the seller. During the duration of this hindrance, the customer is also exempt from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, they can withdraw from the contract after setting a reasonable deadline or in consultation with the seller by written declaration.

6. Payment Terms
6.1. Within and before completion of the ordering process, the customer can choose from the available payment methods. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third parties are commissioned with payment processing, e.g., Paypal, their general terms and conditions apply.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the seller from claiming further default damages.

6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

Here is the continuation of the translation with the same formatting as the previous text:

7. Reservation of Title
Until full payment has been made, the delivered goods remain the property of the seller.
For customers who are entrepreneurs, the following applies in addition: The seller reserves ownership of the goods until all claims arising from an ongoing business relationship have been fully settled; the buyer is obligated to treat the purchased item with care as long as the ownership has not been transferred to him. In particular, he is obliged, if appropriate or customary in the industry, to insure the goods sufficiently at his own expense against theft, fire, and water damage at the replacement value. If maintenance and inspection work needs to be carried out, the buyer must do so at his own expense and in a timely manner. The processing or transformation of the goods subject to retention of title by the customer is always carried out for the seller. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing. The same applies to the item created through processing as for the goods subject to retention of title. The customer also assigns the claim to secure the claims against him, which arise from the connection of the goods subject to retention of title with a property against a third party. Third-party access to goods owned or co-owned by the seller must be reported immediately by the customer. The customer bears the costs arising from such interventions for a third-party objection lawsuit or costs for an extrajudicial release. The customer is authorized to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns all claims arising from the resale or any other legal reason concerning the goods subject to retention of title (including all balance claims from the current account) in full as a security to the seller. The seller authorizes the customer revocably to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request, as their total sale value exceeds the sum of all still outstanding claims of the seller from the business relationship by more than 10% (in the event of a utilization risk by more than 50%). The seller has the right to choose the securities to be released. With the settlement of all claims of the seller from delivery transactions, the ownership of the goods subject to retention of title and the assigned claims pass to the buyer. The seller has the right to choose the securities to be released.

8. Customer Account

8.1 The seller provides the customer with a customer account. Within the customer account, customers are provided with information about orders and their customer data stored with the seller. The information stored in the customer account is not public.

8.2. Select alternative: To place an order, customers must create a customer account. A guest order is not possible. / Customers can also place an order as a guest without having to create a customer account.

8.3. Customers are obligated to provide truthful information in the customer account and to adjust the information to changes in the actual circumstances, as far as this is necessary (e.g., the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that arise due to incorrect information.

8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions for the protection of third-party rights, and in accordance with the seller’s terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, especially through external software, such as bots or crawlers, is prohibited.

8.5. As far as customers store, specify, or otherwise enter content or information (hereinafter referred to as “content”) within the customer account, they are responsible for this information. The seller does not adopt the contents of the customers as his own. However, the seller reserves the right, depending on the degree of legal violation risk posed by the content, especially the risk to third parties, to take appropriate measures. The measures, which take into account the criteria of necessity, appropriateness, care, objectivity, as well as the reasonableness and the interests of all involved, particularly the fundamental rights of the customers, can include (partial) deletion of content, action and declaration requests, warnings and reprimands, as well as bans.

8.6. Customers can terminate their customer account at any time. The seller can terminate the customer account at any time with a reasonable period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

8.7. From the time of

termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to secure his data when terminating the customer account.

9. Warranty for Material Defects and Guarantee
9.1. The warranty (liability for defects) is determined by legal provisions, subject to the following regulations.

9.2. A guarantee exists for the goods delivered by the seller only if this has been expressly issued. Customers will be informed about the warranty conditions before initiating the ordering process.

9.3 If the customer is an entrepreneur, he must inspect the goods without prejudice to statutory obligations to give notice of defects and immediately report recognizable material defects to the supplier in writing, at the latest within two weeks of delivery, and non-recognizable material defects immediately, at the latest within two weeks of their discovery. Commercially customary, permissible or minor deviations in quality, weight, size, thickness, width, equipment, patterning, and color according to quality norms are not considered defects.

9.4 If the customer is an entrepreneur, the seller decides between rectification or replacement of defective goods.

9.5 Warranty claims for material defects, notwithstanding the liability provisions of these terms and conditions, generally expire one year after the transfer of risk for customers who are entrepreneurs, unless mandatory longer periods are prescribed by law, in particular special provisions for the recourse of the entrepreneur. For used goods, the warranty is excluded for customers who are entrepreneurs.

9.6 If the customer, who is an entrepreneur, has installed or attached the defective item in accordance with its nature and intended use into or onto another item, the seller is, subject to an express agreement and notwithstanding other warranty obligations, not obliged within the scope of subsequent performance to reimburse the customer for the necessary expenses for removing the defective and installing or attaching the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective and installing or attaching the repaired or delivered defect-free item within the scope of a recourse by the customer within the supply chain (i.e., between the customer and his customers).

10. Liability
10.1. Liability of the seller for damages is subject to the following exclusions and limitations of liability, without prejudice to other statutory prerequisites for a claim.

10.2. The seller is liable without limitation if the cause of damage is based on intent or gross negligence.

10.3. Furthermore, the seller is liable for the slightly negligent violation of essential duties, the violation of which endangers the achievement of the purpose of the contract, or for the violation of duties, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of other than the duties mentioned in the preceding sentences.

10.4. The aforementioned limitations of liability do not apply in the case of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

11. Storage of the Contract Text
11.1. The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the terms and conditions including the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text but do not make it accessible on the internet.

11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing, or by referring to an online source.

12. Final Provisions
12.1. If the buyer is an entrepreneur, the place of performance is the seller’s place of business, subject to other agreements or mandatory legal provisions, while the jurisdiction is at the seller’s place of business if the customer is a merchant, legal entity under public law, or special fund under public law, or if the buyer does not have a general place of jurisdiction in the seller’s country. The seller’s right to choose another permissible place of jurisdiction remains reserved.

12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, excluding the UN Sales Law, as long as no mandatory statutory provisions contradict this.

12.3. The contract language is German.

12.4. European Commission’s Online Dispute Resolution (ODR) Platform for Consumers:
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Note: Please ensure that the link
is clickable. If you are obligated to participate or choose to participate in a dispute resolution procedure before a consumer arbitration board, please change this statement accordingly
(to either “We are ready to settle disputes with consumers before the following consumer dispute resolution body” or “We are obliged to settle disputes with consumers before the following consumer dispute resolution body”)
and provide the relevant dispute resolution body’s address.