Terms of Service

§ 1 Validity, definition of terms

(1) Check Handels GmbH, Marktstraße 8, 9130 Poggersdorf, Austria (hereinafter: “we” or “The Trailer Center”) operates an online store for goods under the website https://www.xn--das-anhngerzentrum-rtb.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed to either their commercial or their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities .

§ 2 Conclusion of the contract, storage of the text of the contract

(1) The following regulations on the conclusion of a contract apply to orders via our online shop at https://www.xn--das-anhngerzentrum-rtb.at.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:

1. selection of the desired goods,
2. Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Into shopping bag” or similar),
3. checking the information in the shopping cart,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To the order overview” or similar),
5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
6. Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
7. After the order has been placed, we will send an automated order confirmation, which does not yet constitute the contract. The contract is concluded when we expressly accept your order within 5 working days by separate e-mail.

(4) In case of conclusion of the contract, the contract is concluded with Check Handels GmbH, Marktstraße 8, 9130 Poggersdorf, Austria.

(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail or telephone. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

(8) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without a prior express declaration of acceptance.

§ 3 Subject of the contract and essential features of the products

(1) In our online shop, the subject matter of the contract is:

1. The sale of goods. You can find the specific goods offered on our article pages.

(2) The main features of the goods can be found in the item description.

(3) The restrictions evident from the product description or otherwise resulting from the circumstances apply to the sale of digital products, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

All payments must be made directly to the seller, all payments to agents or other persons are at the risk of the payer. Checks and any other means of payment are only accepted as payment, not in lieu of performance.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to you on the offers, possibly in the shopping cart system and on the order overview.

(4) Unless otherwise stated in the product description or otherwise communicated to you by us by telephone or e-mail, all products offered are ready for dispatch immediately.

(5) The prices stated in the seller’s order confirmation are decisive.

(6) A discount or rebate agreement requires written confirmation.

(7) The seller reserves the right to change its prices within the framework of cost reductions or increases after conclusion of the contract due to “collective agreements” or material price changes. The seller will prove this to the buyer upon request. All ancillary fees, public levies, as well as any new taxes, freight etc. or their increases, through which the delivery is directly or indirectly affected or taxed, are to be borne by the buyer, unless mandatory statutory provisions oppose this.

(8) The prices stated in the seller’s offer apply subject to the condition that the order data on which the offer is based remain unchanged and are confirmed in writing by the seller.

(9) Any price errors due to erroneous incorrect entries or software errors will cancel the affected order. In this case, the seller will inform the buyer immediately, but no later than within 48 hours.

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) The assertion of the retention of title is only considered a withdrawal from the contract if the seller expressly declares this in writing. The seller reserves the right to withdraw from the contract if an application for insolvency is filed. The buyer is obliged to hand over all delivered items before the opening of insolvency proceedings.

(4) It may happen that some products listed on our website are incorrectly priced due to a typo. In view of this, we reserve the right to partially or fully refuse orders already confirmed. If the purchase price of the product was paid in advance, the relevant amount will be returned to you within 5 working days.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is based on our cancellation policy .

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.

(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial losses attributable to this is limited to the foreseeable damage typical of the contract . An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.

§ 8 Contract language

As contract language german will be available exclusively.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) In relation to entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are asked to check the item/the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.

§ 10 Delivery

In transactions with companies, the obligation to deliver is subject to correct or timely delivery to ourselves, unless incorrect or delayed delivery is the fault of the seller.

Delivery periods and dates are only agreed as approximate unless the seller has expressly given a written commitment as binding. The delivery time begins on the day the order is accepted or on receipt of the order confirmation, but not before full clarification of all execution details and timely fulfillment of all obligations of the buyer, such as making down payments in accordance with III. aE Fixed transactions are excluded. In the case of sales ex works, the delivery periods and dates are met if the goods leave the factory within the delivery period or on the delivery date. The delivery period is deemed to have been met with the timely notification of readiness for dispatch if dispatch is impossible through no fault of the seller. The delivery period is extended appropriately in the event of force majeure, labor disputes, unrest, official measures, failure to deliver from suppliers and other unforeseeable, unavoidable and serious events for the duration of the disruption. The agreed delivery period is extended – without prejudice to the seller’s rights arising from the buyer’s default – by the period by which the buyer is in default with his obligations from this or any other contract. The expiry of certain delivery periods/dates does not release the buyer, who wants to withdraw from the contract or demand compensation for non-performance, from setting a reasonable grace period, usually four weeks, for the provision of the service and from the declaration that he will be able to perform the service after the expiry the deadline will refuse. If there is only slight negligence on the part of the seller, the compensation is limited to the additional expenditure for a cover purchase or replacement. Claims for damages due to non-performance or late performance are excluded for contracts with entrepreneurs. The customer may not reject partial deliveries.

Transport and all other packaging in accordance with the packaging ordinance will not be taken back by the seller. The buyer must ensure proper disposal of the packaging at his own expense.

§ 11 Acceptance Conditions

If the buyer withdraws from the contract after the conclusion of the contract and before the product is manufactured, the seller is entitled to demand 15% of the purchase price as a compensation sum, whereby the right to assert claims for damages in excess of this remains reserved. If the buyer withdraws from the contract after the conclusion of the contract and during the manufacture of the products, the seller is entitled to demand 20% of the purchase price as a compensation sum; in the case of custom-made products or special vehicles, the compensation sum is at least 50% of the purchase price, with the right to assert a claim above this further damage remains reserved.

§ 12 Warranty

(1) For the quality of the processed material, the construction and execution of the purchased product, the seller provides the first customer with a guarantee for a period of 24 months from the transfer of risk for newly manufactured car trailers up to 3.5 tons, and for newly manufactured trailers Trailers with compressed air brakes are guaranteed for a period of 12 months from the transfer of risk. In the case of used products, exhibition vehicles, demonstration vehicles or bargain market offers, any warranty is excluded if the customer is a merchant or a legal entity under public law or a special fund under public law. In the case of consumers as the first purchaser, the statutory regulations apply.

(2) Complaints or defects due to recognizable, incomplete and incorrect delivery or possible transport damage must be noted in writing on the bill of lading / CMR immediately, at the latest after receipt of the goods, and the seller must be informed in writing. Defects that cannot be discovered within this period even with the most careful examination must be reported in writing immediately after discovery. §§ 377, 378 HGB remain unaffected in the case of mutual commercial transactions between merchants. Warranty claims must be reported using the Seller’s appropriate reporting form.

In the event of justified complaints, the seller is initially obliged to remedy the defect (max. 3 attempts) and/or provide a replacement delivery, at his own discretion, excluding other claims. If the defect is remedied, the seller is obliged to bear the expenses required for the purpose of remedying the defect, in particular labor and material costs. The buyer’s transport costs to/from the place of performance are not covered. The buyer is obliged to return the defective parts to the seller or to allow the seller to collect them.

(3) In the event of delayed, omitted or unsuccessful rectification (max. 3 attempts) or replacement delivery, the buyer can demand a reduction in payment or withdraw from the contract. The same guarantee is given for the replacement delivery and the repair as for the original delivery item. Technically induced changes in the construction or shape, as well as deviations in color or hue, do not constitute defects insofar as these are reasonable for the buyer, taking into account the interests of the seller.

In principle, claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the event of non-observance of prescribed maintenance intervals or non-compliance with service intervals, in the event of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive use of unsuitable equipment or which arise due to special external influences that are not required under the contract.

However, the warranty only lasts until the end of the warranty period for the original item, unless a statutory regulation intervenes. Notices of defects do not release from the obligation to comply with the agreed payment obligations. Assurance of properties requires the seller’s written declaration and confirmation in any case.

(4) For parts that the seller has not manufactured himself, the seller only assumes a warranty in the form in which he himself is granted a warranty by the manufacturer of these parts and primarily only in the form of the assignment of such claims to the buyer.

(5) The warranty assumed by the seller expires if improper repair work has been carried out on the delivered item by the seller or by a third party or if it has been modified by the installation of third-party parts and the damage is causally related to the modification made. There are also no claims for defects arising from the resulting consequences. The warranty is also excluded if it is determined that the total weight permitted under the relevant provisions of the road traffic regulations or the axle loads or the payload or chassis load capacity on which the delivery contract is based is exceeded. Natural wear and tear and damage due to negligent and/or improper handling are excluded from the warranty.

(6) Color deviations of paintwork and coloring of parts of all kinds and tarpaulin colors as well as digital prints to the technically permissible and technically required extent do not constitute a defect. In connection with the introduction and conversion of REACH-compliant colors and manufacturing processes, no guarantee can be given for color fidelity of paintwork and coloring of parts of all types and tarpaulin colors as well as digital prints on new vehicles compared to vehicles that have already been delivered.

Section 13 Replacement Parts

The provisions of these General Terms and Conditions in Sections I – IX also apply to spare parts with the following additions:

1. Spare parts from the seller’s usual range of spare parts are sold against prepayment or on account. The delivery includes packaging, excl. Shipping.

2. The delivery must be checked immediately. For any return delivery, a special return delivery note must be attached to the goods, which the seller will send on request. Goods sent back to the seller freight collect or goods without a return delivery note will not be accepted by the seller.

3. If the buyer orders incorrect spare parts from the usual range of spare parts, the buyer is obliged to send the goods back to the seller undamaged and carefully packed at his own expense. In this case, the seller is entitled to demand processing costs of 10% of the net value of the goods for the administration and storage costs incurred.

4. In the event of incorrect delivery of spare parts from the usual range of spare parts by the seller or justified warranty claims for spare parts, the buyer is obliged to report this immediately and to store the goods carefully. The seller is entitled and obliged to have the goods collected from the buyer at his own expense.

5. Properly delivered special parts, special tarpaulins or production parts made at the request of the buyer will not be taken back by the seller.

6. If, at the express request of the buyer, the shipment is made overnight without a depot, the buyer alone bears the increased risk from the transfer of risk.

7. For the period of delay with the payment of the requested advance payment within a set period or the acceptance of spare parts by the buyer, the seller will store these products for the buyer at the buyer’s risk under the express agreement of a liability exclusion: the seller is entitled to to charge the customer an appropriate storage fee of at least four euros per product and per day.

§ 14 Final Provisions

(1) Austrian law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention expressly do not apply.

(3) The seller is entitled to continuously make editorial changes in the text of the GTC. The buyer waives any relevant information.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.