I. Validity of the General Terms and Conditions
We sell, process and deliver exclusively according to our following terms and conditions. Any terms and conditions of our customers that conflict with or deviate from these terms and conditions shall not apply unless Mainhattan-Wheels has expressly agreed to their validity in writing. Any other terms and conditions of our customers are hereby expressly rejected.

II Offers, order confirmations, prices
1. The images of the products within the online shop do not represent legally binding offers. Our offers are non-binding in terms of quantity, price and delivery time. The confirmation of receipt, just like the acceptance of an order by telephone, does not constitute a binding acceptance of the order on our part. Orders are only binding for us once we have issued a written order confirmation. Technical and design deviations from descriptions and information within the online shop that are reasonable for the buyer as well as model, construction and material changes in the course of technical progress remain reserved, without any rights against Mainhattan-Wheels being derived from this.
2. The buyer is solely responsible for observing the legal, official and trade association regulations when using our goods.
3. Our prices are ex delivery warehouse or ex works, excluding freight and customs, plus the VAT applicable on the day of delivery. Previously confirmed prices only apply if the confirmed quantity is purchased.

III Dispatch, transfer of risk
1. When the goods are handed over to the carrier or forwarding agent, the risk of loss or deterioration of the goods passes to the buyer. This also applies to free home deliveries. However, in the case of deliveries free of charge, we assume liability for direct transport damage limited to the respective value of the goods, provided that this damage was caused by our own employees.
2. The buyer must report any transport damage to us immediately, even if we are responsible for the transport are not responsible.
3. Claims for compensation in the event of transport damage:
– Only acknowledge receipt of the goods after checking that the goods and packaging are in perfect condition
– If this is not the case, leave it Be sure to confirm this with the driver
– Missing quantities, incorrect items, damaged goods, etc. must be reported to us immediately, but no later than 7 days
– Hidden transport damage must be reported to us at the latest within 3 days of delivery !
– If this is not observed, we cannot accept damage to the goods.

IV. Delivery dates, delivery, performance and cancellation
1. Delivery dates confirmed by us are non-binding unless they are expressly designated as binding. Compliance with delivery dates requires the timely fulfillment of the buyer's contractual obligations. The delivery period begins after clarification of all details of the execution of the order and receipt of all documents required for this and other information to be provided by the buyer as well as after receipt of any agreed down payment. The delivery deadline is also deemed to have been met if the goods leave our company headquarters or the specified shipping station at the agreed time or if the buyer is notified that they are ready for dispatch, but the goods cannot be dispatched on time through no fault of our own.
2. Let's get started In the event of a delay, the buyer can - if he credibly demonstrates that he has suffered damage as a result - demand compensation of 0.5% for each completed week of delay, but a maximum of 5% in total of the price of the deliveries that were not made due to the delay could be put into appropriate operation. Both claims for damages by the buyer due to delay in delivery and claims for damages instead of performance that go beyond the compensation stated in the previous sentence are excluded in all cases of delayed delivery, even after expiry of a delivery deadline set by us. In the case of intent or gross negligence, this does not apply.
3. After expiry of a reasonable grace period given to us in the event of late delivery, the buyer is entitled to withdraw from the contract if he pointed out the rejection of the service when setting the grace period. Other claims beyond those in Articles 3 and 4 are excluded in the event of a delay in delivery.
4. If non-compliance with the deadlines is due to force majeure, e.g. mobilization, war, riots or similar events, e.g. strikes or lockouts, the deadlines will be extended Appropriate deadlines. The buyer must also accept partial deliveries to a reasonable extent.

V. Retention of title
1. Mainhattan-Wheels reserves ownership of the goods sold by it (reserved goods) until the purchase price has been paid in full.
2. The reserved goods may only be sold by the buyer in the normal course of business and under the condition: that the purchase price claim from the resale is transferred to us. The buyer hereby assigns his claim with all ancillary rights from the resale of the reserved goods to us as security for all claims to which we are entitled against the buyer at the time of resale. The buyer is authorized to collect the claims assigned to us. However, the buyer's authorization can be revoked if the buyer defaults on his payments to us. In this case, we are authorized to inform the buyer of the assignment on behalf of the buyer. The buyer is obliged to provide us with the information necessary to assert our rights against his customers, in particular to name the customers and hand over the necessary documents.
3. Regarding other disposals of the reserved goods, in particular regarding a pledge or assignment as security, The buyer is not entitled.
4. Any impairment of the reserved goods must be reported to us as well as any access to them by third parties. If the right to resell expires, the buyer is obliged, at our request, to provide us with information about the inventory of the reserved goods and to hand over these goods at our request. In order to enforce our claim for return, we are also entitled to enter the buyer's premises and take away the reserved goods after prior notice and setting a deadline. Furthermore, we are entitled to use the reserved goods issued to satisfy our claims as soon as we have either withdrawn from the contract or the conditions for claiming damages due to non-performance have been met.
5. If the value of all of our security interests exceeds the value of ours If claims against the buyer exceed 20%, we are obliged to release existing securities beyond this at the buyer's request.

VI Payment
1. Shipping usually takes place against payment in advance. Otherwise, unless otherwise agreed, claims from our invoices are payable net (without deductions) within thirty days of receipt of the invoice at the latest. Payments are to be made exclusively to the accounts listed in our invoice, stating the invoice number.
2. We are entitled to initially offset payments against the buyer's older debt, despite the buyer's other provisions. If costs and interest have already been incurred, we are entitled to offset the payments first against the costs, then against the interest and finally against the main service.
3. In the event of default, we charge interest of 8% above respective base interest rate. We reserve the right to assert further rights, in particular any additional damage caused by default.
4. If the buyer does not meet his payment obligations in accordance with the contract, he stops his payments or we become aware of circumstances that question the buyer's creditworthiness, We are entitled to make the remaining debt due.
5. Offsetting against our claims is excluded unless the counterclaim is undisputed, legally established or recognized by us. The exercise of a right of retention is also excluded unless the counterclaim is undisputed or legally established.

VII Warranty
1. At our discretion, all parts or services that show a material defect within the limitation period of 12 months must be repaired, re-delivered or re-performed free of charge, provided the cause of the defect already existed at the time of transfer of risk. Information about our goods - including references to DIN or ISO standards, guidelines or other domestic or foreign quality standards, as well as analyzes provided or the description of physical properties of our goods - are in no way a guarantee within the meaning of Section 276 Paragraph. 1 S. 1 BGB, unless otherwise expressly agreed in writing. The buyer must notify us of any material defects immediately in writing.
2. Minor deviations in dimensions, shape and color and natural wear and tear do not constitute defects. Impairments resulting from improper use of the goods do not constitute defects. Warranty claims are excluded if, as a result of further shipping or processing of the goods delivered by us or other circumstances, we can no longer properly check and determine whether a defect in the goods actually exists.
3. In the event of justified notices of defects or complaints at our discretion, subsequent performance in the form of elimination of defects or delivery of a defect-free item. If subsequent performance fails, the buyer is entitled to reduce the price or, at his discretion, withdraw from the contract regardless of any claims in accordance with Article VIII.
4. Claims of the buyer due to the expenses necessary for the purpose of subsequent performance, in particular transport - Travel, labor and material costs are excluded. The buyer must return the goods to us at his own expense. If the buyer's claim for supplementary performance proves to be justified, we will reimburse the buyer for his transport costs at a flat rate of €8.90 per package. Expenses beyond this will not be reimbursed under any circumstances.
5. Article VIII (liability) applies to claims for damages. Claims of the buyer against us and our vicarious agents due to a material defect that go further or other than those regulated in this Article VIII are excluded.

VIII. Liability
1. Claims for damages, regardless of the legal basis, are excluded. The exclusion of liability does not apply if the damage is due to an intentional or grossly negligent breach of contract by one of our legal representatives or one of our vicarious agents or one of our legal representatives or one of our vicarious agents culpably violates an essential contractual obligation. In the event of a breach of an essential contractual obligation, the amount of damage is limited to compensation for typical, foreseeable damage. The exclusion of liability also does not apply to claims for damages under the Product Liability Act, or to damages resulting from injury to life, body or health.
2. The bikes we sell are developed and manufactured exclusively for use in road traffic in accordance with the StVZO and checked. Any use of our rims in sports/circuit racing/motorsports or with sports tires is therefore at the user's own risk. Damage and consequential damage that can be attributed to the use of rims sold by us for sporting purposes are not covered by the warranty provisions, i.e. they are solely at the expense of the user. If your vehicle has been involved in an accident or collision or has been in an uncontrolled driving condition where the rims have been subjected to a stop or overload, the rims must be inspected for any damage such as deformations, impact marks or cracks in the rim star.
3. If wheels from Mainhattan-Wheels are processed or changed at the customer's request in a way that goes beyond pure surface processing, the operating license expires. The rims may no longer be used within the StVZO area. The customer expressly releases Mainhattan-Wheels from any liability. The buyer is responsible for any necessary TÜV registrations. The same applies to all changes made to the chassis and body.

IX. Contract amendments, severability clause
Amendments and supplements to the contract must be in writing. Our employees and representatives are not entitled to make oral additional agreements, to make oral promises or to make oral agreements about changing the contract. The remaining parts of the contract remain binding even if individual provisions are legally invalid. In accordance with Section 33 BDSG, the buyer is informed that his data will be stored by us. The data is processed in compliance with the BDSG.

X. Choice of law, place of jurisdiction
1. The law of the Federal Republic of Germany applies. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 is expressly excluded.
2. Place of jurisdiction for all disputes is Darmstadt, to the extent permitted by law.