I. Information concerning Distance Selling and Conclusion of Contract in Electronic Business Transactions
1. Contractual Partners
The following contract conditions are valid for all contracts made via the online shop at the URL www.trovacerchi.it/en/ between
German eTrade GmbH
Register Court: Amtsgericht Dresden
Register Number: HRB24038
Sales Tax Identification Number according to Sec. 27a UStG: DE 243518421
Managing Directors: René Schmidt, Uwe Krause
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 In the case of Consumers, German law is only applicable insofar as the granted protection is not withdrawn by obligatory legal regulations of the state in which the Consumer’s commonresidence is located.
2. Conclusion of the Contract in Electronic Business Transactions
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) working days following the receipt of the order. The contract with the Customer is only valid after German eTrade GmbH hasexplicitly 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
In accordance with distance selling regulations, Consumers have a right of withdrawal in accordance with Sec. 355 BGB. 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 have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (German eTrade GmbH, Antonstr. 3c, 01097 Dresden, Germany; Tel.: 0049 351 / 89 570 300; Fax: 0049 351 / 89 570 741; E-Mail: shop[at]trovacerchi.it) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. If the goods, by their nature, cannot normally be returned by post, the cost is estimated at a maximum of approximately 120.00 EUR.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Invalidity or Premature Expiration of the Right of Withdrawal
In accordance with Sec. 312g Para. 2 No. 1 BGB, right of withdrawal is excluded for contracts concerning the delivery of items that have not been prefabricated and that are produced according to individual customer choices and specifications, or that have been specially adapted to the Customer’s requirements.
Annex: Model for the Withdrawal Form
Model Withdrawal Form
in accordance with Annex 2 of Art. 246a Sec. 1 Sentence 1 No. 1 and Sec. 2 Para. 2 No. 2 EGBGB(complete and return this form only if you wish to withdraw from the contract)
— To: German eTrade GmbH, Antonstr. 3c, 01097 Dresden, Germany; Fax: 0049 351 / 89 570 741; E-Mail: shop[at]trovacerchi.it
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
Please return all items to our logistics centre:
German eTrade GmbH
01662 Meissen, Germany
To facilitate the quick return and processing of your withdrawal, please contact our support team:
Tel.: 0049 351 / 89 570 300 (Mon - Fri: 1 - 3 p.m. & Sat -)
Fax: 0049 351 / 89 570 741
The return takes place via DPD 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
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: 0049 351 / 89 570 300 Mon - Fri: 1 - 3 p.m. & Sat - or E-Mail: shop[at]trovacerchi.it).
Please return all items to our logistics centre:
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 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
The following conditions apply to all orders submitted via this website, i.e. www.trovacerchi.it. The General Terms & Conditions valid at the time of the order shall apply.
1. Prices; Shipping and Handling Costs
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 Italy. For international shipping costs to European countries, please see our Shipping Costs Table. 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 Italy 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 are delivered in about 4-11 working days following receipt of payment or authorization of the selected payment method.
Products that are not marked as ready to ship are offered by suppliers of Trovacerchi. The delivery time for these products is about 6-15 working days. Please note, however, that these products must be ordered for you by Trovacerchi and that delivery can only take place if our supplier has the selected product in stock when they are ordered.
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 losses.
4. Delivery Conditions
Delivery of purchased items takes place in about 4-12 working days following authorization of payment or receipt of payment for wheels without tyres, or in about 6-15 working 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. At the moment our delivery service is DPD.
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).
5. Acceptance of Goods
For shipping the goods we use the delivery service DPD. 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 DPD 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 DPD and to improve our customer service. You can contact our customer service at:
Tel.: 0049 351 / 89 570 300 (Mon - Fri: 1 - 3 p.m. & Sat -)
Fax: 0049 351 / 89 570 741
Possible rights and claims of the Customer – above all, legal rights of the purchaser in case of any defect 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.
6. Reservation of Title
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 residence.
7. Force Majeure
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.
When purchasing goods, you have legal warranty rights concerning these goods. In case of defective goods, as a Customer you are entitled to exercise your warranty rights taking into account the following provisions.
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. 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.
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.
Online Dispute Resolution / ODR-Platform
In accordance with Regulation (EU) No 524/2013 on an interactive website that can be accessed electronically in all official languages of the institutions of the European Union, the European Commission provides a European platform for the resolution of disputes arising from online sales of goods or services between Consumers resident in the European Union and entrepreneurs registered in the European Union (so-called ODR-Platform / URL: https://ec.europa.eu/consumers/odr/). In order to lodge a complaint on this so-called ODR-platform, Consumers have to complete an electronic complaint form. All obligatory information that needs to be indicated when lodging a complaint can be found in the Annex to Regulation (EU) No 524/2013.
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
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.
11. Final Provisions
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 International Law.
Version: October 2019