General Terms and Conditions (GTC) of TyresNET GmbH
1.1 These GTC apply to purchases made by a customer (hereinafter referred to as “customer” or “you”) on www.tyres-new-zealand.com, operated by TyresNET GmbH (hereinafter referred to as “TyresNET” or “we”). All services, products and offers made on TyresNET are based on these GTC and terms and conditions of the respective online shops. The site policies apply when the user visited the website or when he or she utilised the services available online on the websites.
1.2 When entering into the contract the customer is regarded as a consumer when the purpose of his ordered products and services cannot be regarded as commercial or self-employed occupation. An entrepreneur is every physical or legal person or a partnership which exercised commercial or autonomous actions while entering into the contract.
1.3 Deviating, conflicting or additional terms and conditions shall not become part of the contract.
2.1 On the websites customers will be informed about the prices and the suppliers of the products for free. Those suppliers are registered retailers at TyresNET or other third parties (including white label partners) (hereinafter also referred to as “online shops”) offering products on the internet.
2.2 The information is not legally binding offer made by TyresNET. The information provided is automated (based on feeds) and is based on information which TyresNET received from online shops and third parties (manufacturers, media). The offers by stores or third party stores are updated several times a day. In individual cases there can be deviations and/or false information regarding the prices (and also the ranking of the offers), delivery time and the availability of products. TyresNET does not assume liability for the accuracy of this information. This shall not apply if TyresNET was informed about such inaccuracies and did not correct them or did not demand from the online shops or third parties that these inaccuracies to be corrected.
2.3 The customer does not enter any contracts of purchase, service contracts or any other contracts with TyresNET when buying the products from the websites. The contracts about the products or services on the websites are concluded solely between the customers and the listed online shops. Therefore, the GTC of the online shops (including their cancellation policies and data protection regulations) are applicable.
2.4 Customers can be directly transferred via the TyresNET websites to the websites of the online shops, which have made the offers (click the “Continue” bottom). It is the customers’ duty to check all relevant information as well as their currency stated by the online shops before entering into a contract or placing an order.
2.5 The customer also has an opportunity to make a purchase directly on the TyresNET websites, without being forwarded to the websites of partner online shops (click on the button "Add To Cart"). TyresNETin this case is not representative of one contracting parties (customer or online shop) and shall not become a party to a contract concluded between the customer and the online shop. All contractual obligations arising solely between the customer and the online shop. For all products legal warranty rights shall apply. Furthermore the GTC of the online shops (including their cancellation policies) and/or their payment service providers apply. Customers will expressly be informed about that while placing their order.
2.6 TyresNET points out that not all online shops available on the market are listed. The selection is at the sole discretion of TyresNET and online stores. Displayed comparison results do not claim to be complete. TyresNET reserves the right to delete individual products or services without prior notice.
2.7 You can correct type errors in the input fields by using the computer keyboard and the mouse until you have completed your order and clicked the confirmation button. In accordance with legal provisions the text of the contract will be available to you but this text won’t be saved after conclusion of the contract.
- 3 No warranty takeover, no responsibility for third-party information
3.1 Our services are subject to change or adjustment at any time. Please use our services at your own discretion.
3.2 Tyres-new-zealand.com cannot guarantee to the user or the third party that the information displayed is current, correct and / or complete, nor that are the services available at any time without interruption, on time, secure and error-free. Tyres-new-zealand.com also does not guaranteed that the hardware and software used at any time operates error free or that any errors in a timely manner or at all be will fixed.
3.3 Our site contains links to other websites and content that we store for others in our services on our servers and make available to the public (for example, product descriptions or prices of online stores and links to them). We do not control the content of these references, as we make the content accessible on TyresNET or through such deals or sources of data.
3.4 Any comparisons services are brought by TARIFCHECK24 AG: Zollstr. 11b, 21465 Wentorf bei Hamburg, Tel 040-73098288, Fax 040-73098289, Email:. Info@tarifcheck24.de
- 4 Limitation of Liability
4.1 Tyres-new-zealand.com liable in case of damage to the user (a) resulting from injury to life, limb or health due to a breach of duty by Tyres-new-zealand.com, (b) under the Product Liability Act, from the assumption of a guarantee or for fraudulent misrepresentation , (c) if Tyres-new-zealand.com has caused the damage intentionally or through gross negligence, and / or (d) if the damage was caused by the breach of an obligation of Tyres-new-zealand.com whose fulfillment makes the proper execution of the contract and their must comply with the user regularly trusts and trust (major obligation).
4.2 Tyres-new-zealand.com is liable in cases of paragraph 1, letter (a), (b) and / or (c) unlimited amount; in the cases of the letter (d) the liability is limited to foreseeable, typical damage.
4.3 In cases other than those referred to in paragraph 1, the liability of Tyres-new-zealand.com is excluded regardless of the legal basis.
4.4 The liability provisions in preceding paragraphs also apply to the personal liability of officers, employees and agents of Tyres-new-zealand.com.
- 5 Obligations of the user, prohibited behaviour
5.1 The user undertakes to refrain from actions that interfere with or that can affect the functional capabilities of the offer on Tyres-new-zealand.com (for example through software or other scripts). This applies particularly to the use of "robot", "spider" or "offline-reader" software and processes that generate user requests via the Internet automatically.
5.2 You must not use our services or parts thereof not use without our prior written consent for commercial purposes of any kind, for example, copy, systematically retrieve, imitate, sell, rent or use or offer for own or other promotional purposes.
5.3 All rights (for example, copyrights, and trademarks) to our databases, computer channels, direct content we create are reserved.
7.1 Tyres-new-zealand.com offers in the login area are part of a free personal account (“User Account") for the user. Registration for a User account is voluntary. In user account, the user can opt-in/ opt-out of our newsletter and a shopping product list. The user can add products to their shopping list and removed them. An implementation and / or management of any orders of the user with a provider is not possible via the user account.
7.2 If the user is a customer, he/she must be of age during the registration.
7.3 During registration, the user must fill in the fields marked as mandatory on the registration form. Thereby user email address as well as password are selectable. Username and birth year are optional fields.
7.4 The user is not allowed to maintain multiple user accounts at Tyres-new-zealand.com. Tyres-new-zealand.com reserves the right to delete multiple registrations.
7.5 The information entered by the user at the time of registration (mandatory and optional) must - unless specified –be correct and complete. If the email address of the user changes after registration, the user has to make the changes immediately in the profile settings of his user account and there to indicate the modified email address. Tyres-new-zealand.com is not liable for damages incurred by the user in the event that the user has not entered the currently correct e-mail address. The user may at any time make a change his password and its data.
7.6 The user's access data, in particular his or her password are confidential and must not and should not be shared with anybody. The credentials should be stored by the user against access by third parties. If the user has reason to believe that a third party has obtained access to the access and / or use the user account, he is asked to inform Tyres-new-zealand.com stating all the relevant circumstances immediately by letter, fax or email. Tyres-new-zealand.com in the case of justified suspicion of access by third parties to access and / or use of the user account by third parties, the User account blocked or deleted in consultation with the users very temporarily.
7.7 The user is responsible for his desired backup list or their own content.
7.8 The user may not use Tyres-new-zealand.com for illegal purposes, for the purpose of injury or purpose damage to others by his user account. Use of the account for commercial purposes is not permitted. Violating these obligations entitled Tyres-new-zealand.com. to delete the account. The user is not authorized to create a new account at Tyres-new-zealand.com after the offense.
7.9 The User may terminate his account at any time without giving reasons. To terminate the account and delete profile settings of his user account, the user should send and e-mail email@example.com or TyresNET GmbH, Franz-Joseph-Str. 11, 80801 Munich Germany. Tyres-new-zealand.com may terminate the user account of the user without giving any notice within a period of six weeks at the end of the month by sending an email to the registered in the profile settings of the user account e-mail address. With the effective date of termination, the user account of the user is completely deleted.
8.1 Subsidiary agreements to these conditions of use do not exist.
8.2 If any provision of these Terms are or become invalid, this shall not affect the validity of the regulations.
8.3 German law applies.
8.4 If the user is a merchant, legal entity under public law or a public special fund, the place of jurisdiction is location of Tyres-new-zealand.com for all disputes applies.
9.1 TyresNET is liable for any damages of or to the customer such as (a) death, injury to body or health which result from a breach of duty by TyresNET or its legal representative or its vicarious agent, TyresNET is also liable in accordance with (b) Product Liabilty Law in cases of assumption of a guarantee or fraudulent misrepresentation or if (c) TyresNET or its legal representatives or vicarious agents have caused a damage intentionally or by gross negligence and/or if (d) TyresNET has caused a damage due to a breach of duty whose fulfilment is essential for the proper performance of the contract and which the customer could reasonably rely on (cardinal duty).
90.2 TyresNET is infinitely liable in cases of section 1, letters (a), (b) and/or (c). As for the rest liability is limited to foreseeable damage typical to the contract.
9.3 In cases other than those referred to in paragraph 1, the liability of TyresNET is excluded regardless of the legal basis.
9.4 The liability provisions in preceding paragraphs also apply to the personal liability of officers, employees and agents of TyresNET
10.1 German law is applicable excluding the UN Convention on Contracts for the International Sale of Goods. The EU has created a portal to help dissatisfied customers. Should you have any complaints concerning products or services bought from us via internet you can find dispute settlement authorities for an extrajudicial solution here http://ec.europa.eu/consumers/odr. Please note, for some sectors, and in the following countries there are currently (as of 22.06.2016) no dispute resolution entities: Croatia, Luxembourg, Romania and Spain. So it might be possible that you cannot use this portal to settle a dispute with us in these countries.
10.2 Additional agreements do not exist.
10.3 If the customer is a merchant, a legal person under public law or of special fund under public law the place of performance and jurisdictional venue for all kinds of litigation based on this contract shall be at the registered office of TyresNET. This also applies if the customer is an entrepreneur with no general jurisdictional venue in Germany or if his or her habitual residence is unknown at the time claim was filed. The option of TyresNET to bring an action against a customer at another legal venue shall remain unaffected.
10.4 If any provision of these terms and conditions be wholly or partially invalid, the validity of the remaining provisions of this contract, including the remaining terms and conditions shall not be affected. The statutory provisions shall replace the invalid provisions. This also applies in the event that the terms and conditions should have an unforeseen omission.