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Terms and Conditions

Terms and Conditions & Right of Withdrawal

Dr. Höhn GmbH — Road Ranger® Online Shop

I. General Provisions

These Terms and Conditions (hereinafter "T&C") of Dr. Höhn GmbH, HRB 590225 District Court Stuttgart (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding goods presented in the Seller's online shop and print catalogues. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed in writing between the parties.

A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activity (§ 13 BGB — German Civil Code). An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

Optional: Changes to the T&C will be communicated to the Customer in writing, by fax or by email. If the Customer does not object to the change within four weeks of receipt of the notification, the changes shall be deemed accepted. The Customer will be separately informed about the right to object and the legal consequences of silence in the event of changes to the T&C.

II. Offer and Conclusion of Contract

The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer pursuant to § 145 BGB.

The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button completing the order process. The Customer may also submit the offer by telephone, fax, email or post.

For orders of goods presented in the Seller's print catalogue, the Customer may submit the offer by telephone, fax, email or post. The Customer may use the order form enclosed with the Seller's print catalogue and return it to the Seller.

The Seller may accept the Customer's offer within five days,

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer after submission of the order together with these T&C in text form (e.g. email, fax or letter). Additionally, the contract text is archived on the Seller's website and can be retrieved free of charge by the Customer via their password-protected customer account by entering the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before submitting the order.

Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen.

Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

Order processing and the answering of customer enquiries may be carried out using AI-supported systems (Artificial Intelligence). These systems assist us in analysing and processing your enquiries. A final decision is always made by our employees. Further information on the use of AI and the processing of your data can be found in our Privacy Policy.

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to pay after the Customer has placed the order.

III. Right of Withdrawal

If the Customer acts as a consumer, they are generally entitled to a statutory right of withdrawal. Further information about the statutory right of withdrawal for consumers can be found in the Seller's cancellation policy.

If the Customer acts as an entrepreneur, the Seller grants the Customer a contractual right of withdrawal subject to the following conditions:

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

  • Returns of delivered parts may only be made after prior agreement with the Seller, at the Customer's expense for freight costs and subject to payment of a flat-rate charge (for storage, etc.) amounting to 15% of the purchase price. Returned goods can only be accepted by the Seller in original packaging and in perfect original condition.
  • Unauthorised returns, returns with incomplete information, and returns due to uncollected cash on delivery oblige the buyer to bear the shipping costs incurred by the Seller.
  • Parts and custom-made products that were specifically ordered or manufactured for the buyer are excluded from returns.
  • The return of painted attachments and hardtops requires the written consent of the Seller.

IV. Cancellation Policy

As a consumer pursuant to § 13 BGB, you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (Dr. Höhn GmbH, HRB 590225 District Court Stuttgart, Tel.: +49 (0)7940920-0, Fax: +49 (0)7940920-44, Email: roadranger@hoehn.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form available in the download section, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. We may refuse the repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. The direct costs of returning goods which, by their nature, cannot normally be returned by post (freight goods) are estimated at no more than approximately EUR 100 per such item.

You shall only be 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.

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely for contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

  • Please avoid damage to and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
  • Please do not return the goods to us carriage unpaid.
  • Please note that the above points 1-2 are not prerequisites for the effective exercise of the right of withdrawal.

V. Prices and Payment Terms

Unless otherwise stated in the Seller's product description, the prices quoted are total prices inclusive of statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

The available payment method(s) will be communicated to the Customer in the Seller's online shop.

If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.

When paying by a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If payment on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer payment on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

If the payment method "PayPal Invoice" is selected, the Seller assigns the payment claim to PayPal. Before accepting the Seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the payment method "PayPal Invoice" to the Customer in the event of a negative check result. If the payment method "PayPal Invoice" is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the Customer can only make payment to PayPal with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, cancellation declarations and deliveries, or credits. The General Terms of Use for PayPal Invoice apply in addition, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

If the SEPA Direct Debit payment method is selected, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiry of the pre-notification period. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the pre-notification period. Pre-notification means any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a SEPA Direct Debit charge. If the direct debit is not honoured due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective financial institution as a result of the reversal, provided the Customer is responsible for this. The Seller reserves the right to carry out a credit check when the SEPA Direct Debit payment method is selected and to refuse this payment method in the event of a negative credit check.

VI. Shipping and Delivery Conditions

Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. For orders placed via the Seller's online order form, the delivery address specified in the online order form is decisive. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance. Furthermore, this does not apply to the costs of outward shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set out in the Seller's cancellation policy regarding the effective exercise of the right of withdrawal shall apply.

If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or an authorised recipient. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

In the case of self-collection, the Seller first informs the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer may collect the goods by arrangement with the Seller at the Seller's premises. In this case, no shipping costs will be charged.