{"id":66,"date":"2026-08-26T13:11:13","date_gmt":"2026-08-26T11:11:13","guid":{"rendered":"https:\/\/www.reifen-mueller.com\/agb\/"},"modified":"2026-08-26T13:11:13","modified_gmt":"2026-08-26T11:11:13","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.reifen-mueller.com\/en\/agb\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"
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I. General \u2013 Scope<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) The company Reifen M\u00fcller GmbH & Co. KG (hereinafter referred to as the \u2018User\u2019), Rote Ellern 1, 97762 Hammelburg \u2013 Westheim, concludes all contracts on the basis of the following General Terms and Conditions. The User\u2019s contracting parties expressly acknowledge the validity of these terms and conditions by entering into a contract, placing an order, accepting deliveries and accepting orders. These terms and conditions thereby form part of the contract.<\/p>\n

(2) Any general terms and conditions that differ from, conflict with or supplement these shall not form part of the contract, even if the User is aware of them, unless their validity is expressly agreed to in writing. The User\u2019s General Terms and Conditions shall apply even if the User performs the service for the Customer without reservation whilst being aware of terms and conditions of the Customer that are contrary to or deviate from these General Terms and Conditions.<\/p>\n

(3) The User\u2019s online shop is aimed exclusively at business customers (traders within the meaning of Section 14 of the German Civil Code (BGB)) and not at consumers. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity. Entrepreneurial status must be proven by providing extracts from the commercial register or business registration documents.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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II. Conclusion of the Contract<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) Offers are subject to change. Prices are exclusive of delivery charges and VAT. Delivery charges can be found in the delivery charges table.<\/p>\n

(2) By placing an order for the goods, the customer makes a binding declaration of their intention to purchase the goods ordered. The Supplier is entitled to accept the customer\u2019s offer, as set out in the order, in writing or by delivering the goods to the customer within two weeks of receipt, in order to verify the delivery time and availability. The customer shall be informed immediately by the Supplier of any unavailability of the goods. Any advance payments already made shall be refunded without delay.<\/p>\n

(3) The conclusion of the contract is subject to the respective suppliers delivering the goods to us correctly and on time, provided that a corresponding hedging transaction exists with the supplier.<\/p>\n

(4) The User shall confirm receipt of the order to the customer by email without delay. This confirmation of receipt does not constitute acceptance of the offer, but serves solely to fulfil the User\u2019s obligations under Section 312i(1)(3) of the German Civil Code (BGB). The contract of sale is only concluded upon dispatch of the goods ordered by the customer.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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III. Terms of delivery and delivery times<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) Deliveries and collections shall be made ex works from Hammelburg or from other distribution centres, at the user\u2019s discretion.<\/p>\n

(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover of the goods. In the case of a sale by delivery to a place other than the customer\u2019s premises via a forwarding agent, this risk passes to the customer upon handover of the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. Failure by the customer to take delivery of the goods shall be deemed equivalent to default of acceptance.<\/p>\n

(3) If a different mode of transport is used, the customer shall bear any additional costs incurred, as well as the risk of loss or damage to the goods.<\/p>\n

(4) The customer must inspect the goods upon receipt for any damage caused in transit and, where applicable, notify the supplier of such damage within two weeks. Otherwise, any liability in this regard is excluded.<\/p>\n

(5) Furthermore, the User shall not be liable for delivery in cases of force majeure, disruption caused by industrial action, energy shortages and official measures, as well as other operational disruptions for which it is not at fault. Delivery shall take place immediately after the obstacle has ceased to exist. Insofar as the obstacles to performance are not merely temporary and the performance of the contract is unreasonable for either party, both parties shall be entitled to withdraw from the contract.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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IV. Terms of Payment \/ Default \/ Retention of Title<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) Unless otherwise agreed, the User\u2019s invoices are payable immediately and without deduction. Where a current account has been agreed, the User is only entitled to this if the customer has fulfilled all their obligations towards the User.<\/p>\n

(2) If the customer is a business within the meaning of Section 14 of the German Civil Code (BGB), the supplier is entitled to adjust its prices accordingly if, after the conclusion of the contract, the underlying circumstances \u2013 in particular the prices charged by its suppliers \u2013 change.<\/p>\n

(3) The customer shall be in default of payment upon expiry of the payment period specified in the relevant invoice or upon expiry of the payment date stated in the invoice, which is determined by the calendar. Where no express agreement has been made in this regard or the date cannot be determined by the calendar, the customer shall be in default 30 days after receipt of the invoice or an equivalent request for payment. This shall not affect any earlier declaration of default by the Supplier through the issue of a reminder received after the due date. The customer shall pay interest on the outstanding amount at a rate of 5 % points above the base rate if they are a consumer, and at a rate of 8 % points above the base rate in accordance with Section 247 of the German Civil Code (BGB) if they are a business. The date of receipt of payment shall be deemed to be the date of cash payment or, in the case of cashless payment, the date on which the amount is credited to the User\u2019s account. The risk associated with the method of payment shall be borne by the customer.<\/p>\n

(4) Payments by the customer must be made exclusively to the Hammelburg plant or another branch of the user. Payments made to employees or agents of the user shall only be recognised as fulfilment if such employees or agents have the authority to collect payments.<\/p>\n

(5) Bills of exchange and cheques are accepted by the User only on account of payment. They shall be credited subject to the full amount being received correctly. The User accepts no liability for the correct presentation or submission of protests. Costs and discount charges shall be borne by the customer. If the payment terms are exceeded, the User shall be entitled, without the need for a demand for payment, to charge default interest at a rate of 2 % points above the base rate in accordance with Section 247 of the German Civil Code (BGB), but at least 7 %, on the gross amount of the invoices due.<\/p>\n

(6) The User reserves the right at any time to revoke any credit facility, including where such facility takes the form of payment terms granted under these terms and conditions. The User is entitled to demand adequate security for an existing claim. If the Customer fails to comply with this request, all outstanding claims shall become due for payment immediately.<\/p>\n

(7) The customer shall only be entitled to set-off if their counter-claims have been established by a final and binding judgement or have been acknowledged by the user. The customer may only exercise a right of retention if their counter-claim arises from the same contractual relationship.<\/p>\n

(8) Any pre-notification required for the SEPA Direct Debit scheme must be given no later than two days before the relevant debit date.<\/p>\n

(9) Statutory value added tax shall be shown separately on the invoice at the statutory rate applicable on the date of invoicing.<\/p>\n

(10) The deduction of a cash discount requires a written agreement.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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V. Prices<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) The contracts are based on the User\u2019s prices valid on the date the contract is concluded. If the User\u2019s customer is a trader within the meaning of Section 14 of the German Civil Code (BGB), the User shall be entitled to adjust its prices accordingly if the circumstances on which the contract was based subsequently change, in particular if the prices charged by the User\u2019s suppliers increase. The same applies to non-traders where goods and services are supplied or provided under continuing contractual relationships. Otherwise, price increases are only permissible if there are more than four months between the conclusion of the contract and its performance.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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VI. Retention of title<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) In the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full.<\/p>\n

(2) If the customer is a business, we reserve title to the goods until all claims against the customer have been settled, even if payment for the specific goods has already been made.<\/p>\n

(3) The User retains title to retreaded tyres and new tyres supplied (hereinafter referred to as \u2018goods subject to retention of title\u2019) until all claims arising from the contract have been paid in full. This also applies to traders within the meaning of Section 14 of the German Civil Code (BGB) in respect of all future deliveries, even if the User does not always expressly invoke this provision. The Supplier is entitled, in relation to businesses within the meaning of Section 14 of the German Civil Code (BGB), to take back the retreaded tyres if the Customer acts in breach of the contract. The Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the User, in advance, the claims against the purchaser arising from the resale of the goods subject to retention of title, in the amount of the final invoice amount agreed with the User (including VAT). The customer remains authorised to collect the claim even after the assignment. This does not affect the Supplier\u2019s right to collect the claim itself. However, the Supplier shall not collect the claim as long as the Customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made for the opening of insolvency proceedings or suspension of payments has occurred.<\/p>\n

(4) The customer must inform us immediately of any enforcement measures taken by third parties against the goods subject to retention of title, providing us with the documents necessary for us to intervene; this also applies to any other form of interference. Irrespective of this, the customer must inform the third parties in advance of the rights we hold in respect of the goods. If the customer is a business, they shall bear our costs of any intervention, insofar as the third party is unable to reimburse them.<\/p>\n

(5) If the customer is a business, in the event of the resale or letting of the goods subject to retention of title, the customer hereby assigns to us, by way of security, the claims against his customers arising from the aforementioned transactions until all our claims have been satisfied, and authorises us to collect the claim should they fall into arrears. Where the conditions set out in Section 6(1) are met, the right to resell shall lapse. In the event of the goods subject to retention of title being processed, transformed or combined with another item, we shall immediately acquire (co-)ownership of the resulting item. This shall be deemed to be goods subject to retention of title. The customer is obliged, for as long as ownership has not yet passed to them, to treat the goods subject to retention of title with due care, in particular to inflate them only to the prescribed air pressure. As long as ownership has not yet passed to the customer, the customer must notify the user immediately in writing if the goods subject to retention of title are seized or are subject to any other interference by third parties. Insofar as the third party is unable to reimburse the user for the judicial and extrajudicial costs of legal proceedings in accordance with Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by the user.<\/p>\n

(6) If the value of the security exceeds our claims against the customer by more than 20 %, we shall, at the customer\u2019s request and at our discretion, release security to which we are entitled to the corresponding extent.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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VII. Warranty and Liability<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) Subject to the following terms and conditions, the User shall be liable to business customers for material defects for a period of one year from the date of delivery. Where, in specific cases, longer statutory periods of liability for material defects apply, those shall apply.<\/p>\n

(2) The above reduction in the limitation period shall not apply to liability for damage caused by gross negligence or wilful misconduct, nor to damage resulting from loss of life, bodily injury or damage to health arising from a negligent breach of duty on the part of the user.<\/p>\n

(3) In the event of a valid notice of defects given within the prescribed time limit, we shall, at the user\u2019s discretion, either supply goods free from defects or rectify the defects. Subject to the statutory provisions, the customer may rescind the contract or demand a reduction in the price at the earliest after a reasonable grace period has expired without result.<\/p>\n

(4) Claims for liability arising from material defects cannot be accepted if \u2013 after the goods have left the user\u2019s premises \u2013 the damage is attributable to the goods having been repaired or otherwise altered by third parties, or having been used for a purpose other than that for which they were intended, or to the failure to observe the operating instructions, the manufacturer\u2019s specifications or other generally recognised rules.<\/p>\n

(5) The costs of rectification arising from the fact that the customer, who is a business, has moved the goods to a location other than the place of performance shall be borne by the customer.<\/p>\n

(6) Claims for recourse shall be recognised in accordance with the statutory provisions. Public statements made by the user\u2019s customers which give rise to claims by consumers shall release the user from its obligations if such statements deviate from the user\u2019s own information and have not been authorised by the user.<\/p>\n

(7) If necessary, the user is entitled to cut open the tyre in question in order to carry out a thorough inspection of the item subject to the complaint.<\/p>\n

(8) Tyres for which compensation has been paid shall become the property of the user.<\/p>\n

(9) The User shall be liable without limitation for personal injury. The same shall apply to any other damage suffered by the Customer as a result of a breach of duty committed by the User with intent or through gross negligence. The User shall be liable for foreseeable damage typical of this type of contract suffered by the customer as a result of a material breach of a contractual obligation on the User\u2019s part, even where the User is only guilty of slight negligence. In all other respects, the User\u2019s liability for slight negligence is excluded. An essential contractual obligation within the aforementioned meaning is one whose fulfilment is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract, and on whose observance the customer regularly relies and is entitled to rely; this is known as a \u201ecardinal obligation\u201c. Under the Product Liability Act and in the case of warranty declarations, we shall be liable within the limits set out by law.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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VIII. Place of performance, jurisdiction, other agreements<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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(1) The law of the Federal Republic of Germany shall apply exclusively. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.<\/p>\n

(2) Where the customer is a trader, a legal entity governed by public law or a special fund governed by public law, the place of performance and the exclusive place of jurisdiction for all disputes arising from the contract shall be deemed to be the registered office of the User\u2019s principal place of business. Otherwise, this place of jurisdiction shall be deemed to have been agreed if a) the customer has no general place of jurisdiction within Germany or b) the customer, after the conclusion of the contract, transfers their place of residence or habitual abode outside the Federal Republic of Germany, or their place of residence or habitual abode is unknown at the time the action is brought.<\/p>\n

(3) The customer is hereby informed that, where applicable, personal data may be stored and processed by the user in accordance with the data protection regulations in force at the time.<\/p>\n

(4) Should any individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is wholly or partly invalid shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-66","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/pages\/66","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/comments?post=66"}],"version-history":[{"count":0,"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/pages\/66\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.reifen-mueller.com\/en\/wp-json\/wp\/v2\/media?parent=66"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}