Terms of Service

Section 1 Scope and provider
Section 2 Conclusion of contract
Section 3 Prices
Section 4 Shipping costs
Section 5 Delivery terms and self-supply reservations
Section 6 Payment terms
Section 7 Reservation of title
Section 8 Transport damage
Section 9 Warranty
Section 10 Liability
Section 11 Place of performance and jurisdiction
Section 12 Final provisions


Frequently asked questions

  1. How does the basket system work?
  2. Do I have to register?
  3. When will my order become binding?
  4. Is the contract text stored?

 

Section 1 Scope and provider

Section 1.1 These Terms and Conditions apply to all products and services offered by Expert Gear, including if no renewed reference is made to them during subsequent business transactions. Any deviations from these Terms and Conditions must be made in writing to be valid. The same applies to any or verbal agreements.

Section 1.2 The products offered may only be purchased by entrepreneurs as defined by Section 14 of the German Civil Code (BGB) or their authorised buyers. No products shall be sold to consumers or private individuals. Slight deviations from the appearance, colour, dimensions, shape or packaging shown in images may occur.

 

Section 2 Conclusion of contract

Section 2.1 The product information in the online shop is used to invite purchase orders. By clicking the ‘Submit order’ button, you enter into a binding purchase order. Our products may only be purchased by entrepreneurs as defined by Section 14 of the German Civil Code (BGB) or their authorised buyers.

Section 2.2 We can accept your order by either e-mailing you an order confirmation or by delivering the goods within five days. The order receipt confirmation does not constitute an acceptance of the purchase order.

Section 2.3 If our order confirmation contains typographical or print errors or the price has been calculated as a result of technically-induced transmission errors, we are entitled to contest these matters subject to our ability to present proof of our error. Any payments already made shall be repaid to your immediately.

 

Section 3 Prices

The prices quoted on the product pages apply for commercial customers and are subject to VAT and shipping costs.

 

Section 4 Shipping costs

Section 4.1 For deliveries within Germany, we charge a flat-rate fee from 4.90 € to 6.90 € per order.

Section 4.2 For deliveries within other EU countries, we charge a flat-rate fee of €13.90 to €15.90 per order, depending on delivery zone.

Section 4.3 For deliveries to Switzerland, we charge a flat-rate fee of €24.90 per order.

Section 4.4 For deliveries outside the EU, we reserve the right to charge additional fees based on the actual cost of delivery.

 

Section 5 Delivery terms and self-supply reservations

Section 5.1 Delivery is made by a courier of our choice. The shipping costs shall be borne by the Buyer and separately itemised on the invoice. In the event of cash-on-delivery orders, additional costs apply, which shall be separately itemised on the invoice.

Section 5.2 Unless otherwise specified in the quotation, the delivery period shall be approx. 2 – 4 days. Products shall be delivered as soon as possible but we reserve the right to delivery delays as a result of special warehouse or delivery situations. These shall not entitle the Buyer to withdraw from the purchase. The Buyer shall only be entitled to claim compensation as a result of late or non-delivery if this is our fault.

Section 5.3 If not all of the products ordered are available in stock, we shall be entitled to make reasonable partial deliveries at our own cost.

Section 5.4 If we are unable to deliver the goods after three attempts, we shall be entitled to rescind from the agreement. Any payments already made shall be repaid to your immediately.

Section 5.5 If the product ordered is unavailable because our supplier have not delivered it to us for reasons that are not attributable to ourselves, we are entitled to rescind from the agreement. In such a case, we shall immediately notify you and may suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we shall immediately refund any payments that you have already made. The Buyer shall not be entitled to claim compensation as a result of late or non-delivery.

 

Section 6 Payment terms

Section 6.1 The Buyer may choose to make payment by prepayment or PayPal. We retain the right to check the Buyer’s credit rating via our contractual partner Creditreform.

Section 6.2 If you select ‘Prepayment’, we shall provide our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. For credit card payments, your account will be debited upon dispatch of the goods.

Section 6.3 If you default on payment, the purchase price shall be subject to interest at a rate of 8 percentage points over the Deutsche Bundesbank basic interest rate during the period of default. We do, however, reserve the right to provide evidence of any greater damages caused by delayed payment and to claim these from the Buyer. Should we issue payment reminders following default, we shall be entitled to change a flat-rate administrative fee of €5.00 per reminder.

Section 6.4 You shall only be entitled to offset payments if your counterclaims are legally established, undisputed or have been recognised by us in writing.

Section 6.5 You shall only be entitled to exercise a right of retention if the claims result from the same contractual relations.

 

Section 7 Reservation of title

We shall retain ownership of the goods until payment has been made in full. Prior to the transfer of title, the goods may not be pledged, transferred by way of security, processed or modified without our permission.

 

Section 8 Transport damage

Section 8.1 If goods are delivered with obvious transport damage, please immediately report this to the delivery agent and contact us as soon as possible on +49 2161 593731.

Section 8.2 Failure to make a complaint or contact us shall not affect your statutory warranty rights. However, you will help us to file our own claims against the carrier or with our transport insurance.

 

Section 9 Warranty

The warranty is provided in line with statutory provisions.

 

Section 10 Liability

We shall not accept any liability for slightly negligent breaches of obligations providing these do not relate to key contractual obligations, damages arising from loss of life or physical injury, damage to health, warranties or product liability claims. The same shall apply to breaches of obligations by our vicarious agents.

 

Section 11 Place of performance and jurisdiction

The place of performance and jurisdiction is Mönchengladbach, Germany. German law applies..

 

Section 12 Final provisions

Section 12.1 Should any provision of these General Terms and Conditions become ineffective, this shall not affect the validity of the remaining agreement. The applicable legal regulations shall apply in place of the ineffective provision.

Section 12.2 German law applies.

 

Frequently asked questions

How does the basket system work?

This provides information about your order progress.

 

Do I have to register?

After selecting the products, you will be instructed to enter your details. Mandatory fields are marked with an *. You can optionally create a customer account and access this with a user name and password so that you can place future orders without having to re-enter your address details.

 

When will my order become binding?

The order becomes binding when you click the 'Submit order' button.

 

Is the contract text stored?

We store the contract text. You will be sent the order details by e-mail. You can also view your previous orders under ‘My User Account’. You can view, print out and save the T&Cs here