Terms and Conditions

I. Validity

1. The general sales and section specifications (hereafter called "Terms and Conditions") are valid for all offers, contracts and services by DB Design Group. Different conditions of the customer or purchaser (hereafter called "customer"), which are not explicitly accepted in written form, are not mandatory, even if them has not been contradicted.

2. Contractor in the meaning of the Terms and Conditions are legal persons of public law, an public special property or a contractor who acts upon conclusion of a transaction as a commercial businessman (§14 BGB). Consumer in the meaning of this Terms and Conditions is a natural person who closes a contract which is not related to his business (§ 13 BGB).

3. The Terms and Conditions are not only valid for the contract with which they have been agreed but also for all following contracts.

II. Offer and Placing of Order

1. The prices, general information and technical data included in the offer are without commitment and subject to change. The included data may be subject to change. They are not part of an offer and are not part of the contract.

2. All property rights, trademark rights, copyrights and all other right related to pictures, drawings, calculations and other documents remain with us. This is also valid for documents which are marked as "confidential". A transfer to third parties requires our explicitly written agreement.

3. An order in the shop is mandatory. The customer gives a written confirmation of his order in case of an offer given by Fax, phone or e-mail.

III. Right of Withdrawal with Distance Contracts

1. If a customer is consumer in the meaning of I cipher 2 and the contract is concluded by means of telecommunication (Fernabsatzgeschäft gem. § 312 a BGB) he is able to withdraw his contractual statement within 2 weeks without naming any reasons in simple text without signature (e.g.: letter, fax, e-mail) or by returning the delivery. The respite starts with receipt of special instructions which are sent to the customer with the offer or acceptance of the order. For protection of interests it is sufficient to send the withdrawal or the delivery within the timeframe. The withdrawal has to be send to:

DB Design Group, Daniel Balsmeyer, Koesterbrink 3, 31737 Rinteln, Germany, or via e-mail to contact@db-design-group.com.

2. In case of a legally effective objection the deliveries received from both sides have to be returned. If it is not possible to return the delivery completely or only in a declined state the customer has to pay us a compensation. The customer has to pay the return if the delivered products fit to the ordered products and the price of the returned products does not exceed 40 €. The customer also has to pay the return if the price of the returned products exceeds 40 € and at the time of return the delivery is not paid or an agreed partial payment has not been made. In all other cases the return is free of charge.

3. The Right of Withdrawal is excluded if the goods has been produced following a customer specification and has been designed for the special needs of the customer. This is especially in effect if car parts have been modified on customer request or for repaired produced parts.

IV. Shipping and Delivery Procedure

1. If shipping is agreed this will be done from our company location in Rinteln, Germany to the delivery address of the customer. Significant for in time delivery is the point in time the goods are leaving our company or the information that the goods are ready for pickup.


2. Date of delivery, period of delivery or the date for picking up are without obligation unless they are agreed as "obliging".

3. By Distance Contracts in sense of cipher III (order via e-mail, phone, fax) delivery will normally be executed 2 to 3 weeks after acceptance of order. Period of delivery starts with order acceptance.

4. We´re allowed to conduct partial shipment and and bring this additionally into account.

5. If pickup is agreed the customer has to fetch the goods within eight working days starting with the information about the picking up date.

6. In the case that our delivery requires clarification of technical questions or assistance by our customer the delivery period start after these steps. A delivery or pickup date delays accordingly to this. The same happens if a customer does not deliver a car at which I should work at the agreed time.

V. Delayed Delivery

1. If we exceed the time-limit of a delivery or pickup date for more than 4 weeks the customer can prompt me to fulfill the delivery within 4 weeks. With the access of the customer request we´re in delay. If an obligatory delivery or pickup date or an obligatory delivery or completion date is exceeded the delay starts directly at this date.

2. If the customer is allowed to title a damage caused by delay this is limited to 5 % of the agreed price in case of a slight fault. If the customer has an entitlement to damages this is limited to 25% of the agreed price in case of a slight fault. Additionally cipher IX of my Terms and Conditions is valid.

3. If the customer is business man in the meaning of cipher I paragraph 2 entitlement to damages are impossible instead of the delivery in case of a slight fault.

4. Force majeure at our company or at our suppliers which prevents us from delivery in time without my own fault extends the delivery time named in cipher 1 to 3 in this chapter with the period we´re prevented to deliver. If force majeure delays our delivery for more than 4 months or is it because of the circumstances impossible for us to deliver both parties are allowed to withdraw from the contract. Other rights of withdrawal are not affected by this clause. Expands the delivery time or a party withdraws from the contract the contractual partner is not allowed to claim for damages out of this issue.

Vl. Payment Terms

1.If nothing different is agreed all our invoices are payable on receipt. If advance payment or deposit is agreed this has to be paid at signing the contract.

2.All payments have to be done in EURO plus VAT to the valid conditions at the date of delivery, from Rinteln, Germany. If nothing different is agreed packaging and shipping will be charged extra. The delivery to new customer is only done via advanced payment or cash on delivery.

3. The customer is only allowed to charge up against our requirements if his requirements are beyond dispute and legal. Additionally the customer has a lien only out of the same contract.

4. In case of a delayed payment the legal requirements are valid. If in case of a delayed payment additional cost can be detected the customer can be charged with this.

Vll. Transfer of Perils and Acceptance

1. Transfer of perils happens at our business location. The customer is charged with the delivery costs.

If the customer a business man in the meaning of cipher I paragraph 2 delivery ex factory is agreed unless something else is agreed in the contract. All deliveries at the customers costs and risk. The passing of the risk occurs following § 447 Abs.1 BGB at that point in time the goods are handed over to the shipping company. This is also true for deliveries within the place of delivery.

3. If the customer refuses the delivery we´re not bound to deliver the goods again. In this case we´re allowed to give the customer a respite of 2 week for picking up the goods from place of delivery. If the customer does not pickup his goods within this period we´re allowed to withdrawal from the contract and to demand a compensation.

4. If pickup is agreed and the goods are not picked up in time we´re allowed to give the customer a period of time of 2 weeks for picking up the goods at the delivery place. After this period of time we´re allowed to withdrawal from the contract and to demand compensation.

5. The compensation following cipher 3 and 4 is for parts of cars and all other parts 20% of the gross bill without detecting the disadvantage in detail. The disadvantage is higher or lower in case of if we detect a higher or the customer detects a lower or now disadvantage..

Vlll . Guarantee

1. If ur delivery has a defect which was already existing at transfer of perils we´re allowed on our choice to repair the delivery or to deliver new goods free of defects. We pay the costs for production and shipping only in the case that the goods have not been brought to another place than the customer location except with use according to the regulations.

2. If supplementary performance fails the customer is allowed to ask for abatement of the purchase price or to withdrawal from contract if the breach of duty is substantial. The customer has to allow us a adequate time limit for rectification of defects not shorter than 20 working days.

3. If the customer is consumer in the meaning of cipher I paragraph 2 the following regulations are valid.
a) The customer is asked to inform us about apparent defects within 2 weeks after finding them in written form or by phone. If the information is not given in this timeframe the customer has no rights on this issue.
b) Additionally it is required that the customer in not delayed in payment.
c) In case of slight fault the guarantee for used goods is excluded. The liability in case of culpably injuring live and health and the Product Liability Act are not affected.

IX. Liability

1. We´re liable within the limits of the law if I culpably not fulfill a contract agreement. In this case the compensation is limited to typical disadvantage which could be seen at signing the contract.

2. For disadvantages because of delays and claim for damages instead of delivery additionally cipher V paragraph 2 and 3 is valid.

3. The liability in case of culpably injuring live or health is not affected by this. It is also true for liability by Product Liability Act.

4. If there is no other commitment above or in the Terms and Conditions liability is excluded. This is especially true for damages in case of fault at signing the contract.

5. We´re not liable for damages which does not occur at the delivery itself but which are related to the delivery as e.g. earnings which could not been taken or other financial losses for the customer.

X. Retention of Title

1. We´re owner of the sold goods until complete payment of the bill.

2. If the customer is a business man in the meaning of cipher I paragraph 2, additionally the following agreements are valid:
a) The delivered goods are our belongings until the complete payment of my outstanding bills out of this business.

b) If the customer does not act according to the contract especially in case of delayed payment we´re allowed to return the delivery.

Xl. Used Parts in case of Workings at the Car

As far as there are no other agreements taken the customer is requested to pickup the used parts within 2 week at our business location starting with completion of workings. If the customer does not pick up these parts in this timeframe we´re the owner of the parts. In this case customer claims are not accepted.

XII. Shipping Abroad

The Terms and Conditions above are also valid for shipping abroad.