Conditions of Use

§ 1 General

These General Terms and Conditions of Business (as amended) shall apply to any business relationships of any kind between Black Dezert 4×4 UG and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business  shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code).§ 2 Conclusion of a contract

The following terms for the conclusion of a contract are valid for orders via our webshop
In the event of a conclusion the contract comes into force between the customer and

Black Dezert 4×4 UG (limited liability)
Schadowstraße 55
50823 Cologne

When placing an order in the online store, the customer follows the technical steps as described below in detail:

Step 1:
Selection of the goods required.
Step 2: Click on „Add to Card“ to add the item in the shopping basket
Step 3: Click on “Checkout” in the shopping basket displayed on the screen
Step 4: Login with your Email and your personal password otherwise run through the registration process
Step 5: Selection of “Mail Address” or Change address of “Mail Address”(If the invoice address and delivery address differ, there is the option to enter a different delivery address by clicking the respective button
Step 6: Selection of the Shipping Mode
Step 7: Selection of the Payment Method
Step 8: Acceptance of the General Terms and the right of withdrawal
Step 9: Click on the „order with an obligation to pay“ button to finish the order process

The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.

The product display in the Black Dezert 4×4 UG online store does not constitute a legally binding offer; instead it should be consider as a merely a non-binding online catalogue of the range of products available. As soon as the customer successfully undergoes the ordering process, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website. Black Dezert 4×4 UG  (limited liability)  reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Black Dezert 4×4 UG  (limited liability) are excluded.

§ 3 Payment

All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.  Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer. The customer can choose between the following payment methods: SOFORTÜBERWEISUNG, PayPal, paying in advance (bank transfer) or cash ( in case of pickup). Unless otherwise agreed in writing, invoices from Black Dezert 4×4 UG (limited liability)  must be paid in full without delay. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.

§ 4 Delivery

If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.

The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

We deliver to Germany, EU, Switzerland.

§ 5 Retention of the title

The delivered goods stay our property until they are completely paid.

§ 6 Place of fulfillment and place of jurisdiction

The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

§ 7 Warranty 

Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by Black Dezert 4×4 UG (limited liability) are not covered by the warranty.

Signs of wear and tear from normal use are also excluded from the warranty. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods. For consumers the warranty period for new items shall be 24 months. The period shall commence upon transfer of risk.