General Terms & Conditions

General Terms and Conditions (GTC) for the sale of goods (consumers) of the company Anna Magdalena Nollmeyer, nolliewheels, Merziger Str. 6, D - 66693 Mettlach, as of 18.04.2018

1. Scope

These terms and conditions apply to all contracts concluded between the company nolliewheels (hereinafter referred to as the "seller") and the customer (hereinafter "the buyer") and to all offers, supplies and services, unless otherwise agreed by written agreement between the parties. Any conditions or contract-changing terms of the buyer will be contradicted.

2. Conclusion of contract

A contract is only with the acceptance of the order by written, verbal or electronic (via Internet) transmitted confirmation of the seller. The delivery or billing is the same as acceptance. The buyer bears the responsibility for the accuracy of the order; He is also responsible for providing the seller in a timely manner with all information or specifications required for his order. The seller processes data relating to the business relationship with the buyer, only in compliance with the applicable data protection laws.

3. Prices and terms of payment

The prices are ex works plus shipping costs, COD charges and packaging costs according to the current price list of the seller. The buyer has to pay the payment within 21 days after receipt of the invoice (receipt of payment), unless otherwise agreed. Payments can only be made by cash on delivery, invoice, advance payment or checks. Set-off by the buyer is not permitted except in the case of undisputed, decision-making or legally binding claims. The buyer can assert rights of retention only in the context of the same legal relationship. Other deductions (eg postage) are not permitted.

4. Delivery of goods

The delivery of the goods takes place from the warehouse of the seller or his vicarious agents. The buyer has to accept the goods at any time as soon as the seller has informed the buyer about the readiness for collection. Alternatively, the seller can ship the goods by cash on delivery or advance payment to the buyer. Delivery costs have to be paid by customer. Details about delivery times are non-binding unless a fixed delivery date has not been expressly agreed. The seller is entitled to deliver or to deliver before expiry of a specified or agreed time. He is entitled to render partial services to a reasonable extent. The seller is entitled to rescind the contract if it is made by its supplier or the manufacturer of a congruent hedging transaction is not or not delivered on time and he is not responsible for the non-delivery. In this case, the seller is obliged to notify the customer of the non-delivery immediately and to reimburse any compensation received immediately. The same applies in case of force majeure (eg war, embargo, extensive failure of the traffic routes, etc.).

5. Claims for defects

If the buyer requires the elimination of a defect or the delivery of a defect-free product (subsequent performance), he shall set the seller a reasonable period of time, which will enable the seller to examine the complaint and to remedy the defect. Incidentally, the statutory warranty claims of the buyer apply. The period of limitation for warranty claims is 24 months, beginning with the delivery of the item to the buyer.

6. Liability

The seller is liable without limitation for damages caused by intent or gross negligence, for damages resulting from injury to life, limb or health if he is responsible for the breach of duty and for damages resulting from a fraudulent concealment of a defect or the absence of a guaranteed property. The breach of duty of the seller is equal to that of his legal representative or vicarious agent. Liability under the Product Liability Act remains unaffected. The seller is liable under limitation to the foreseeable damage typical for the contract for damages resulting from simply negligent breach of essential contractual obligations. The liability for simple negligence in case of breach of non-essential contractual obligations as well as for damages, which did not occur on the delivery item itself, is excluded. In particular, in the event of ordinary negligence, the Seller shall not be liable for lost profits or other pecuniary losses of the Purchaser, with the exception of any expenditures that may be required as part of the supplementary performance. A contributory negligence of the buyer, in particular in case of organizational errors or in the case of insufficient data backup or information, is to be credited against this. The seller is liable for the recovery of data only to the extent that the purchaser has taken all usual and reasonable data protection precautions, used current firewalls and anti-virus programs and has ensured that the data from data material held in machine-readable form can be reconstructed at a reasonable cost.

7. Changes in the goods

The seller is entitled to modify and improve the goods according to technical progress without notifying the customer in advance, provided that the function or form of the goods is not permanently impaired or changed. He is entitled to deliver to the customer the successor model of the ordered model, provided the function or form of the goods is not permanently impaired or changed if the ordered model is no longer available.

8. Retention of title

The seller reserves ownership of the delivered goods until full payment of the purchase price. A request for surrender of the seller due to the retention of title is dependent on his previous withdrawal from the contract.

9. Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

Anna Magdalena Nollmeyer
Merziger Straße 6
D-66693 Mettlach

Telephone: +49 - (0)6865 – 18183
E-Mail: info@nolliewheels.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Encrypted payments on this website

If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.

Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon in your browser line is visible.

In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:

• Browser type and browser version
• Operating system used
• Referrer URL
Host name of the accessing computer
• Time of the server request
• IP-address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.

Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

Data transmitted when entering into a contract with online shops, retailers, and mail order

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to companies entrusted to deliver goods to your location or banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

10. Severability clause, jurisdiction, miscellaneous

Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the contract or the General Terms and Conditions. German law always applies, excluding the UN sales law. If the customer is a merchant, 66663 Merzig is the place of jurisdiction. The seller is entitled to sue the buyer at his place of jurisdiction. Additional agreements and additions to the contract, including the repeal of this written form clause, must be in writing.

Revocation

a) Cancellation policy

Withdrawal
You can cancel your Contract within 14 Days without giving reasons by means of a clear statement. The period begins upon receipt of this instruction on a durable medium. In order to maintain the cancellation period, the timely dispatch of the revocation is sufficient if the declaration is made on a durable medium (for example letter, fax, e-mail). The revocation must be sent to:

Anna Magdalena Nollmeyer
Merziger Straße 6
D-66693 Mettlach

Telephone: +49 - (0)6865 – 18183
E-Mail: info@nolliewheels.com

Consequences of withdrawal
In the case of an effective cancellation, the mutually received benefits are to be returned. You are obliged to pay compensation for the service provided until the cancellation, if you have been informed of this legal consequence prior to the submission of the contract and have expressly agreed that we will commence execution of the consideration before the end of the revocation period. If there is an obligation to pay for compensation, this may mean that you still have to meet the contractual payment obligations for the period until cancellation. Your right of revocation expires prematurely, if the contract is completely fulfilled by both parties at your express request, before you have exercised your right of revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your declaration of intent, for us with their receipt.

A right of withdrawal does not exist
• in the case of delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• in the case of contracts for the delivery of goods that can spoil quickly or whose expiry Date would quickly be exceeded,
• for contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

End of revocation

b) Cancellation form

You can use the following withdrawal form for withdrawal. You have the option to print out the form and send it to us by e-mail or post.

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

At

Anna Magdalena Nollmeyer
Merziger Straße 6
D-66693 Mettlach

E-Mail: info@nolliewheels.com

I / we hereby revoke the contract concluded by me / us for the purchase of the following goods:

Ordered on*
Received on*
Name of the consumer (s)
Address of the consumer (s)
Date
Signature of the consumer (s) (only with written revocation)

c) Costs fort he return

In the case of the right of withdrawal, you have to bear the cost of the return, if the delivered goods correspond to the ordered.