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  • Luxembourg Luxembourg

General Terms and Conditions (GTC)

I. Information on Distance Selling and the Conclusion of Agreements in E-Commerce

1. Contracting Party

Regarding all orders placed on the website www.rubbex.com or other agreements concluded via the website and for contracts concluded in response to telephone enquiries you will be contracting with:

reifencom GmbH

Südfeldstr. 16

30453 Hanover

(„we“ or „reifencom“)

The registered office of the Company is Hanover (Commercial Register of Hanover Local Court: HRB 217313).

Sales tax identification number: DE126795055

Managing Directors: Michael Härle, Ralf Strelen

Tel.: +35228383179

E-Mail: info.lu@rubbex.com

2. Conclusion of a Contract

2.1 Creation of a Customer Account

To make it easier to place orders via the website www.rubbex.com you can create a customer account, but you do not have to do so.

If you wish to create a customer account independently of an order, you can do this on the website www.rubbex.com under the tab "My account". There you enter the requested data and confirm by clicking on "Continue" that you wish to create the customer account under the conditions specified herein. We will then confirm the creation of your customer account immediately by email (time of the conclusion of the contract).

You can also create a customer account as part of an order. If you do not have a customer account yet, we will ask you in the checkout process whether we may use the data provided for the purpose of the order to create a customer account. You then confirm your selection via the checkbox by clicking on the next "Continue" button. We will then confirm the creation of your customer account immediately by email (time of contract conclusion).

2.2 Website Order

The goods displayed on the website www.rubbex.com do not constitute a binding offer to conclude a purchase agreement. It is only an invitation for you to submit a binding offer. By placing your order by clicking on the "Order subject to payment" button, you are making such a binding offer to conclude a purchase agreement. As soon as we have received your order, you will receive an email confirming receipt of your order and listing its details ("order confirmation email").

The binding acceptance of your offer takes place by sending the ordered goods by handing over the goods to the transport company. You will be informed about the dispatch of the ordered goods by email as soon as the goods have been handed over by us to the transport company ("shipping and contract confirmation email").

Goods are only sold in household quantities per order.

2.3 Conclusion of a Contract after Telephone Enquiry

Your telephone enquiry does not constitute a binding offer to conclude a purchase agreement, but merely an informal enquiry.

In response to your telephone enquiry, we will send you a summary email confirming our receipt of your telephone enquiry ("order summary email"), listing its details and containing a payment link. Only when you pay for the goods via this payment link you make a binding offer to conclude a purchase agreement.

You shall be bound by your offer to us for a period of seven (7) working days from receipt of your offer, unless a different period is specified in these GTC. If you pay by electronic bank transfer, the payment will be received by us on the bank working day following the payment order; if you pay by bank transfer using a transfer form, the payment will be received by us on the second bank working day following the payment order.

The binding acceptance of your offer (in the event that we accept your offer) is made by sending the ordered goods (handover of the goods to the transport company) at the latest at the end of the seventh (7) working day after receipt of your binding offer, unless a different period is specified in these GTC. You will be informed about the dispatch of the ordered goods by email as soon as the goods have been handed over by us to the transport company ("shipping and contract confirmation").

2.4 General information on orders

When ordering rims and/or complete wheels within the meaning of Clause I.2.2 or I.2.3 these GTC, reifencom will, at your request, carry out a preliminary technical inspection to determine whether the ordered rims/complete wheels are technically compatible with your vehicle on a regular basis. In the event of such a technical preliminary test, a possible acceptance of your offer by us will be delayed by the time until the preliminary test has been completed. From the time we receive the required technical information about your vehicle ("vehicle data") from you, the technical preliminary check will take a maximum of one (1) hour. If you provide us with your vehicle data outside our business hours (Monday to Friday, with the exception of public holidays in Lower Saxony (Germany), in each case from 8.00 a.m. to 6.00 p.m.), the preliminary technical inspection will not take place until 8.00 a.m. on the working day following the transmission of your vehicle data.

For the technical preliminary check, the transmission of certain vehicle data by you is required. You can already transmit the required vehicle data during the ordering process when placing an order as defined in Clause I.2.2 of these GTC or by telephone as part of your enquiry as defined in Clause I.2.3 of these GTC.

If a preliminary technical check is negative, reifencom's customer service will contact you individually and you will be given the opportunity to maintain or cancel your order (= withdraw your offer) and, if necessary, to place a modified order. A modified order represents a new offer from you for which reifencom will send an order confirmation (again, if necessary).

At your option, you can also submit the vehicle data required for the preliminary check after submitting your offer. After submitting your offer, you will then receive a request by email from reifencom to submit the required vehicle data. If you do not submit the vehicle data within 14 calendar days of submitting your offer, your order will not be accepted by reifencom and no contract will be concluded.

If goods from a single order are sent in more than one (1) package, you may receive a separate shipping and contract confirmation for each package. In this case, a separate contract is concluded between us and you for each partial delivery for which we send a shipping and contract confirmation for the goods listed in the respective shipping and contract confirmation, as the binding acceptance of your offer to conclude a purchase agreement is only made in respect of this part.

Only orders from customers who have reached the age of 18 can be accepted.

Unfortunately, we cannot accept orders by fax, letter or email for technical reasons!

3. Consumer Withdrawal Right Information

Right of withdrawal for consumers:

Consumers have a statutory right of withdrawal when concluding agreements online. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor selfemployed.

3.1 Statutory Withdrawal Right:

Withdrawal Right Information

Withdrawal Right

You have the right to withdraw from this contract within fourteen 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 last lot or piece.

To exercise your right of withdrawal, you must inform us (reifencom GmbH, Südfeldstr. 16, 30453 Hannover, E-Mail: info.lu@rubbex.com, Telefon: +35228383179) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post 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 will collect the goods. An exception to this only applies if you have ordered bicycle tyres, bicycle inner tubes or motor oil: 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. The costs are estimated at a maximum of EUR 29.00 per package in the case of bicycle tyres, bicycle inner tubes or motor oil and at a maximum of EUR 31.00 per package in the case of all other goods.

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.

Notes:

1) Unless otherwise agreed, there is no right of withdrawal for contracts for the 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.

2) A right of withdrawal expires prematurely for contracts for the delivery of goods if these are inseparably mixed with other goods after delivery due to their nature. This is the case, for example, if you mix motor oil purchased from us with other liquids.

If you wish to withdraw from the contract, please complete and return this form.

Model withdrawal form

An

reifencom GmbH

Südfeldstr. 16

30453 Hanover

E-Mail: info.lu@rubbex.com

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Place of collection of the goods (if different from the address of the consumer(s))

Signature of the consumer(s) (only in the case of notification on paper)

Date

(*) Delete as applicable

3.2 Additional Information on the Possible Handling of a Withdrawal

After we have received your withdrawal notice, we will (unless your withdrawal is only related to bicycle tyres, bicycle inner tubes or motor oil) organise the collection of the goods. Our customer service will contact you to arrange a collection date. The collection will then be carried out by a parcel service in our name and on our behalf.

Please do not return ordered goods to us without consulting us. An exception only applies if you want to return bicycle tyres, bicycle inner tubes or motor oil only.

For queries or otherwise in case of doubt, please contact our customer service at:

Tel.: +35228383179

info.lu@rubbex.com

Please note the following supplementary information:

Motor oil that has already been opened ("unsealed") may leak during return transport to us if it has not been packed in a sufficiently stable and leak-proof manner. We accept no liability for damage caused to us or third parties (e.g. the transport company) as a result of motor oil returned by you leaking out of the respective transport packaging due to inadequate transport packaging. In this respect, you are responsible for sufficiently stable and leak-proof packaging of the motor oil.

In a few exceptional cases, a refund of payments received from you via the same means of payment may be technically impossible in the context of a withdrawal. In this case, we will agree with you on a case-by-case basis on the refund via another common means of payment. This will not result in any additional costs for you.

Your statutory right of withdrawal according to Clause 3.1 remains unaffected by the information and instructions in this Clause 3.2 in any case.

4. Other Information on Orders Placed via the Website www.rubbex.com (Correction Options, Storage of the Text of the Contract, Language of the Contract)

The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. When ordering via the website www.rubbex.com however, you can print out your order data immediately after submitting the order. The contract is concluded in the French, German or English language. Before submitting your order, i.e. before clicking the "Order subject to payment" button, you will be given the opportunity to identify and correct any input errors. Please check your order carefully.

II. General Terms and Conditions (GTC) of reifencom GmbH (as at: January 2022)

The following terms and conditions apply to all orders placed via the website www.rubbex.com and to all orders placed in response to telephone enquiries. The GTC published at the time of the order shall apply in each case.

1. Prices / Availability / Delivery Restrictions

Our prices are totals and include the statutory VAT applicable at the time of the order.

Please refer to our freight charges table for our local flat rates for shipping, possible surcharges for small quantities and / or island surcharges.

The prices you see for the items in your shopping cart at the time you place your order via the website www.rubbex.com are identical to those on the current product information page on the website. In exceptional cases, different prices may be displayed if you change the country of delivery during the ordering process. This may be because, for example, different VAT rates apply in the countries of delivery or because our suppliers in the country of delivery supply us on different terms.

Please note that we can sometimes only provide special offers for a limited period of time. In addition, offers are subject to availability.

The availability and expected delivery time can be found in a note that we have added to the respective item on the website www.rubbex.com.

We calculate the expected delivery time based on the delivery address you provide, the current stock of our own warehouses, our suppliers' warehouses or the workshop where you may wish to take your order, and the payment method you choose. The expected delivery time shown may change accordingly during the course of your order as your personal details are completed.

We will ship ordered items after successful verification of the payment data provided by you or after receipt of payment (in case of advance payment).

Please note that there may be a delay of 2 to 3 working days due to the assembly of the complete wheels. The delivery time may vary in individual cases, especially during seasonal periods (October to December and March to April). However, we take both into account when displaying the expected delivery time as soon as we have received the relevant information from you or your order falls within a certain period.

An item that is marked "Individual production" on the website www.rubbex.com or in your order summary email is produced especially for you. Due to this individual production according to your order, the delivery time is somewhat longer, i.e. approx. 2 weeks for tyres and approx. 2 to 4 weeks for rims. We also take this into account when displaying the expected delivery time.

Please note that items that we or our suppliers or the requested workshop do not have in stock must be ordered by us for you. The availability of these items is therefore always subject to the actual availability of the items from our suppliers. Should such an item not be available from our suppliers, we will contact you.

When ordering rims and/or complete wheels, the transmission of the required information for the technical preliminary check is additionally required for the start of the delivery times stated in the note for the article (see above Clause I.2.4).

You will also be informed of the availability of each individual item in the order confirmation email or the order summary email. If an item cannot be procured by us unexpectedly, we reserve the right to make you an adequate alternative offer. Should this not be possible, the order must unfortunately be cancelled by us (= rejection of your offer). If you have already paid for the ordered goods, we will refund your payment in the event of cancellation. You will also be informed of this by email.

Errors and changes reserved. All offers only while stocks last.

2. Payment Terms

2.1 Accepted Means of Payment / General Provisions

Payment for the goods shall be made optionally via one of the following accepted means of payment:

  • Advance payment
  • Credit card
  • PayPal
  • Amazon Pay

You will not incur any additional costs by choosing a specific payment method.

Regardless of the payment method you choose, you will receive an invoice by email. We will invoice and send the invoice to you on the day the goods are dispatched. The order summary in the shop cannot be used as an invoice.

2.2 Advance Payment

In the case of advance payment, please transfer the full invoice amount, stating the purpose of payment, to our account within seven (7) calendar days of receiving our order confirmation email in the case of ordering via the website www.rubbex.com and within seven (7) calendar days of confirming your order via the confirmation link in the order summary email in the case of ordering via telephone enquiry.

Please understand that we unfortunately have to cancel your order if we have not received payment from you within 14 calendar days.

2.3 Credit Card

When paying by credit card, the amount will be debited immediately after receipt of the order. We accept Visa, Mastercard, American Express, Diners Club and Discover credit cards.

2.4 PayPal

If you choose to pay with PayPal, you will be redirected to the PayPal website during the order process.

If you are new to PayPal, you can register as a guest or open a PayPal account and confirm the payment. If you already have a PayPal account, you can log in with your username and confirm the payment.

Payments are always free of charge for buyers and are made from the balance on the PayPal account, by direct debit or by credit card deposited in the account.

2.5 Amazon Pay

Thanks to Amazon Pay, you can now place your order with us more easily and conveniently. All you need are your Amazon login details. In the checkout process, simply log in with your Amazon account credentials and select the payment and delivery information stored in your account and complete your order with us quickly and securely using Amazon Pay. Alternatively, you can also select one of our assembly partners as the delivery address.

3. Delivery Terms

Delivery date: From receipt of the shipping and contract confirmation, the goods will be delivered within a maximum of 12 working days (weekdays, excluding public holidays).

Delivery will be made to the delivery address you have provided. You will be informed about the shipment by email (shipping and contract confirmation). The goods are shipped via parcel services. The risk of accidental loss of the ordered goods shall pass to you as soon as the goods are handed over to you or if he is in default of acceptance.

For entrepreneurs, the time of transfer of risk shall be determined by the time of handover to the forwarding agent, carrier or other person designated to carry out the shipment.

Please refer to our freight charges table for our local flat rates for shipping, possible surcharges for small quantities and / or island surcharges.

We are entitled to make partial deliveries insofar as these are reasonable for you. If partial deliveries are made, we shall bear the additional shipping costs.

We deliver goods only to delivery addresses in Luxembourg ("Delivery Area").

4. Receipt of the Goods

We use parcel services to ship your order. If a delivery of goods should ever arrive damaged, we would like to ask you to do the following: If possible, complain about the damaged goods directly to the employee of the parcel service and document the degree and extent of the damage. Your warranty rights will not be restricted by this.

You can refuse to accept damaged goods or arrange a collection date with our customer service. However, please contact our customer service in any case of delivery of a damaged item. By doing so, you will help us to enforce our claims against the parcel service and at the same time improve our service to you.

You can reach our customer service at:

Tel.: +35228383179

E-Mail: info.lu@rubbex.com

5. Retention of Title

We retain title to all goods delivered by us until payment has been made in full. In order to enforce our retention of title, we are entitled to demand the immediate surrender of the reserved goods to the exclusion of any right of retention, unless the counterclaims are legally established or undisputed.

6. Warranty

We are not the manufacturer of the goods delivered by us. In the case of claims under product liability law, we will provide the name and address of the respective manufacturer immediately upon request. If the goods are damaged or have another defect (e.g. delivery incomplete), you are entitled to the statutory warranty rights against us. The statutory warranty period is 24 months beginning on the day the goods are handed over to you.

The following applies to entrepreneurs: The warranty period is 12 months beginning on the day the goods are handed over to you. This shortening of the period of limitation does not apply in the case of fraudulent intent, the absence of a quality guaranteed by us or in cases of injury to life, limb or health for which we are responsible or for damage caused by gross negligence on our part. In these cases, the statutory limitation provisions shall apply exclusively.

7. Liability

We shall be liable without limitation for damages arising from injury to life, limb or health caused by our breach of duty, that of one of our legal representatives or vicarious agents, as well as for damages caused by the absence of a quality guaranteed by us.

We shall be liable without limitation for damage caused by us or one of our legal representatives or vicarious agents intentionally or through gross negligence.

In the event of a breach of material contractual obligations caused by slight negligence, our liability shall be limited to the amount of the foreseeable damage typical for the contract, except in the cases of paragraphs 1 and 5. Material contractual obligations are, in the abstract, obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which a contracting party may regularly rely.

Any further liability for damages is excluded, in particular liability without fault.

Liability under product liability law remains unaffected.

8. Default / right of retention

If you are in default of payment, we reserve the right to charge you reminder fees for necessary reminders, unless you prove to us that the costs for the reminders were not incurred at all or are significantly lower than the asserted reminder fees. The reminder fees amount to EUR 5.00 for the 1st reminder and EUR 10.00 for the 2nd reminder.

In addition, we shall be entitled to charge interest at a rate of five (5) percentage points above the base interest rate applicable from time to time in the event of default in payment.

The assertion of further default damages shall not be excluded by the assertion of reminder fees and/or interest claims pursuant to this Clause 8.

To the maximum extent permitted by applicable law, either party shall only be entitled to a right of retention (i) insofar as it is based on the same contractual relationship; and/or (ii) insofar as the counterclaims on which the assertion of the right of retention is based are reasonably undisputable or have been legally established.

For entrepreneurs, a default interest rate of nine (9) percentage points above the base interest rate and the exclusion of potential rights of retention shall apply, unless the counterclaims underlying the assertion of the right of retention are undisputed or legally established.

9. Cooperation with Workshops

It is possible to name workshops with which we cooperate for individual postcode areas via www.rubbex.com. Tyres and other goods supplied by us can be fitted for you at these workshops. In addition, you can have the tyres and other goods ordered from us delivered directly to certain workshops for the purpose of fitting. Please note: These workshops do not serve as "letter boxes" where the ordered goods are only collected.

We only transmit the contact details of the workshops to you. The work of a workshop for you is carried out on the basis of a separate agreement between you and the respective workshop. The respective workshop is therefore the sole party to any claims in connection with the assembly work of a workshop. The workshops are responsible for the maintenance and correctness of the workshop-related content displayed on the website www.rubbex.com in particular the prices for the assembly services.

10. Out-of-court Dispute Resolution

The European Commission has set up a platform for online dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr However, we would like to point out that we do not participate in a dispute resolution procedure before a consumer arbitration board.

11. Final Provisions

This agreement shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable if it is mandatory under consumer law.

The place of performance and jurisdiction for entrepreneurs is Hanover.

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