Our General Terms and Conditions

der rameder. Anhängerkupplungen und Autoteile GmbH
Dated March 2010

Conclusion of an Agreement / Storing of the Wording of the Contract

If we accept your order by delivering the goods resp. by notifying you of the dispatch the sales agreement shall be concluded. After your order in our online shop you shall receive all information underlying the agreement in written form by email. With the delivery of the goods you shall receive the text of the agreement as an original which contains all information underlying the contract. In our online shop the text of the agreement shall not be stored after the conclusion of the agreement.

Right to Revocation and Consequences of Revocation for Consumers

If a right to revocation pursuant to s. 312d subs. 1 cl. 1 BGB [translator's commentary: German Civil Code] exists, the customer shall bear the expenses of the return of the goods, as far as the price of the returned goods does not exceed the amount of €40.00 or in the event of a higher price the customer at the time of the revocation has not yet given the consideration or paid a part payment. This shall not apply if the delivered goods are not corresponding to the ordered goods.

For the consumer's right of revocation the information mentioned below shall apply:

Right of Revocation

Insofar as you are a consumer in the meaning of § 13 BGB you are entitled to revoke your declaration to conclude a sales contract within one month in written form (e.g. letter, fax, email) without stating a reason or - if the item is placed at your disposal prior to the expiry of this period - by returning the goods. The revocation period begins on the day after the arrival of the goods at the consignee and the receipt of this information in written form, however, not before the fulfilment of our duties to furnish information pursuant to s. 312c subs. 2 BGB in connection with s. 1 subs. 1, 2 and 4 BGB-InfoV [Order to German Civil Code] as well as our duties pursuant to s. 312e subs. 1 cl. 1 BGB in connection with s. 3 BGB-InfoV. For the observation of the revocation period the posting of the revocation or of the goods in due course shall be sufficient. The revocation shall be addressed to:

Letter

Fax
Email : rameder. Anhängerkupplungen und Autoteile GmbH
Am Eichberg Flauer 1, 07338 Leutenberg, Germany
: 03 67 34 / 35 315
: info@kupplung.de

Consequences of the Revocation

In case of an effective revocation, the benefits received by either party have to be restituted and potentially drawn profits (e.g. interest), surrendered. If you are unable to return to us the performance received as a whole or in parts or only in a deteriorated condition as a result you may have to compensate us in an amount matching the loss in value suffered. For any deterioration that occurred by putting the goods into use as intended and the checking and testing of the goods, you shall not have to pay an indemnification. Items able to be sent by parcel post shall be returned at our risk. You shall have to bear the expenses of the return if the delivered goods are corresponding to the ordered goods and the price of the goods to be returned does not exceed the amount of €40.00 or, in the event of a higher price at the time of the revocation, if you did not give the consideration or a contractually agreed part payment. Otherwise, the return shall be free of charge for you. Goods not being able to be sent by parcel post shall be picked up at your address. Obligations for the reimbursement of payments must be fulfilled within 30 days. The period shall start for you with the posting of your declaration of revocation or of the goods, for us with the reception thereof.

Special Note:

The right to revocation shall not be in force for contracts for the delivery of goods which are made to order by customer's specification or are clearly made to one's personal needs.

Financed Transactions

If you have financed the contract with a loan, and you revoke the contract that has been financed, then you shall no longer be bound to the loan agreement provided both contracts form a single economic unit. This shall be assumed in particular if we are at the same time the lender, or if your lender has involved us in the financing. If the loan was already received by us at the time of the revocation or the return in case of the reversion of the transaction your lender will, in relation to you, with regard to the legal consequences of the revocation or the return enter in our rights and duties resulting from the financed agreement. The latter shall not apply if the agreement on hand has the purchase of securities, foreign currencies, derivates or precious metal as a subject matter. Should you want to avoid the relationship as a result of the agreement you shall revoke both declarations to conclude a sales contract separately.

- End of the Information of the Right of Revocation -

Fair Trading Cancelling / Refusal of Goods

[a] After the expiry of the revocation period or for purchasers, not being consumers in the meaning of s. 13 BGB, there shall be no entitlement to taking back of the goods by us. However, we shall be more than happy to consider to take back the goods on a voluntary basis. As a principle the taking back on a voluntary basis shall only be possible if the goods are in their original packaging, are undamaged and unused. In the event that we are voluntarily consenting to a return of the goods resp. to an exchange, we shall account a handling fee in the amount of 15% of the net value of the goods, however, at least €10.00. Should you nevertheless want a return, please proceed as follows:

- Please call us first under the cost-free telephone number 0800 / 58 77 58 64 and let us know your wish to return the goods. Please keep your invoice on hand.

- We then will consider whether we will grant you the right for returning or exchanging the goods voluntarily. A duty on our part to a take back or exchange of the goods shall not exist.

- If we will accept a return or an exchange we will collect the goods from you. Please have the goods ready in their original packaging for the collection. If we had sent the goods by means of overnight shipping to you than you must repack the goods once more to enable the carrier to pick up the goods. We shall reject a return of the goods without prior contact with us.

[b] If a purchaser, who is not consumer in the meaning of s.13 (BGB), does not accept the goods, we shall be entitled to insist upon the acceptance or to demand 10% of the purchase price as a trivialized compensation, unless the buyer demonstrates that the damage has not occurred or only to a minor degree. In the event of an extraordinarily high damage, we shall reserve the right to assert our own damage. For the duration of the default of acceptance of the purchaser we shall be entitled to put the delivery items at the purchaser's risk and expense at its own premises, or at a forwarding agent or a public warehouse.

Delivery Service / Ability to supply / Time of Delivery

[a] Any and all items which are immediately available ex store from us shall be shipped within two working days. Should the items not be available immediately so that the time of delivery is extended we shall inform you forthwith. An extra rapid delivery of the goods by means of express delivery to the next working day shall be possible if your order has been received in good time and the goods are available. The start of the time of delivery as indicated by us shall assume the clarification of all technical issues. The observation of our delivery obligation shall also be subject to the punctual and orderly satisfaction of the obligations entered into by the customer. For each order we shall reserve the right to require an advance and to check the creditworthiness. Upon receipt of the deposit the order shall be handled.

[b] The delivery shall only take place by us with the condition that we ourselves will be supplied in due course and that we are not answerable for the lack of availability. In the event of a non-delivery of an item, the company Rameder Anhängerkupplungen und Autoteile GmbH & Co. KG shall not be obliged to fulfil the agreement insofar as it has been achieved. In the event of a non-availability of the goods we shall inform you promptly and a possible deposit shall be refunded forthwith.

[c] Damages shall be excluded, even in the event of a belated, wrong (distribution) or incomplete delivery, provided that there is no gross negligence or intent. If the customer is no consumer in the meaning of s. 13 BGB our liability to pay damages shall be limited to the typically foreseeable damages.

[d] In the event of a delivery to a consumer in the meaning of s. 13 BGB the dispatch shall be at our risk. Otherwise the dispatch shall be at the customer's own risk.

Terms of Payment / Default of Payment

Except as may be agreed otherwise, our invoices are due and payable without any discount from the date of the receipt of the goods. The payment is carried out on collection in cash, by means of EC-Card or credit card and in the event of delivery per cash before delivery, direct debit, cash on delivery, credit card or PayPal. In the event of an insufficiently funded direct debit, the total amount of the invoice plus an allowance to cover our expenses in the amount of €15.00 and the costs of any return debit note of the banking institute shall be counterbalanced. If you should get into arrears with your payments, we shall retain the right to charge interest in the amount of 5% above the respective base lending rate. It shall be optional to proof that no resp. only lower damages due to default than that requested have occurred. With regard to reductions in price we refer to the current general agreements and conditions agreed upon.

Retention of Title

[a] Until the due payment is received in full, the goods shall remain the property of the company rameder. Anhängerkupplungen und Autoteile GmbH.

[b] In the event of seizures or any other interventions of third parties the customer has to notify us in writing forthwith to enable us to start proceedings under s. 771 ZPO [German Civil Procedure Code]. Insofar as the third party is not able to reimburse us for court costs and extra-judicial costs of an action pursuant to s. 771 ZPO, the customer shall be liable for the loss.

[c] If the customer is no consumer in the meaning of s. 13 BGB he shall be entitled to resell the goods in the usual course of business, however he shall assign to us already now all claims in the amount of the end amount on the invoice (including VAT) of our claim accruing from the resale when the underlying contract is concluded irrespective of the fact whether the retained goods were resold without being processed or after processing. The customer shall be entitled to collect this claim even following assignment. This shall be without prejudice to our entitlement to collect the claim ourselves. However, we shall undertake not to collect the amount owing as long as the customer complies with his payment obligations deriving from the monies received, and does not default on payment and in particular as long as no application is lodged for the institution of insolvency or composition proceedings against him or as long as he has not suspended payments. However, if this is the case we may require that the customer makes known to us immediately the claims assigned and their debtors, including all information required for collection purposes, providing us with all records necessary therefore, and informing the debtors (third parties) of the assignment of claims.

[d] Processing of the purchased goods by the customer shall always be carried out on our behalf. If the purchased goods are processed together with other items not belonging to us, we shall acquire co-ownership of the new item according to our proportion of the value of the goods (end amount on the invoice, including VAT) of our claim in relation to the other processed items at the time of processing. Apart from the above, the same shall apply to the object created by processing as applies to the purchased goods delivered under reservation of title.

[e] We shall undertake to release the security owed to us at the customer's request to the extent that the value of our security exceeds the claims to be secured by more than 10%; the selection of the type of security to be released shall be incumbent upon us.

Defect of Quality / Warranty

The provisions of the law shall be applicable. Defect-related claims in the meaning of s. 437 No 1-3 BGB shall become barred by the statute of limitations after 2 years. As far as the customer is no consumer in the meaning of s. 13 BGB defect-related claims in the meaning of s. 437 No 1-3 BGB shall become barred by the statute of limitations after 1 year.

Data Protection

Your data shall only be processed for the purposes of customer care and customer information by companies of our group of companies. We shall only pass on your data to third parties if this is necessary for the performance of the sales agreement, such as the dispatch. If you do not wish to receive our offers any longer, we kindly ask you for a respective notification.

Validity / Place of Jurisdiction

Any and all services shall be subject exclusively to our terms and conditions of supply and payment. We cannot accept aberrant stipulations by the respective customer even if we do not contradict to these explicitly. Our terms and conditions shall also apply, where we are aware of a customer's contradictory or deviating terms and conditions and unreservedly perform our supply commitment to this customer. In order to be valid, oral agreements are subject to a written confirmation by us. Our conditions of sale shall also apply to future transactions with the customer. German law shall exclusively apply excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). We shall reserve the right to limit the sell-off of our items to a quantity in accordance with commercial custom. In case, that the customer is a businessman, the place of jurisdiction for any and all disputes shall be Jena, Germany.

Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid, apart from that the effectiveness of all other provisions shall remain unaffected.

Conditions of Use on the Internet

General Conditions of Use

The use, the calling up of the website as well as the downloading of content of the company Rameder Anhängerkupplungen und Autoteile GmbH & Co. KG shall be subject to the conditions mentioned hereinafter. We shall not accept contradictory conditions unless explicitly agreed otherwise.

Copyright

The copying and downloading of the website or parts of it in particular photos and images for the purpose of reproduction or any other use for commercial purposes in particular passing on for payment shall be prohibited. If messages and emails are sent to us these may be freely used, unless that is precluded by legal provisions.

References

Without our explicit written consent we shall not permit any references by means of links, deeplinks or hyperlinks to our website or any content thereof. Insofar, as we are referring to other websites or webpages by means of links or hyperlinks, we shall not accept any liability or responsibility for the content of these pages.

Conclusions of Agreements

Insofar, as we are enabling the user to conclude agreements with us via our website, our respective terms and conditions shall apply for these contracts.

Non-binding Information / Content

The information and content of our website shall be provided for marketing purposes only and shall not be considered binding.

Liability

Unless otherwise specified by mandatory statutory regulation or other express agreement, we shall not accept liability for compensation, damages or consequential damages.

Governing Law / Jurisdiction

For the use of the website of the company rameder. Anhängerkupplungen und Autoteile GmbH exclusively German law shall apply excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). In case, that the customer is a businessman, the place of jurisdiction for any and all disputes resulting from the use of the websites shall be Jena.