General Terms and Conditions (GTC)

§ 1 Scope, subject matter and conclusion of the respective contract

1. The following terms and conditions conclusively govern the contractual relationship between Nakatanenga 4x4-Equipment GmbH & Co. KG, Ludwig-Erhard-Ring 30, 92348 Berg bei Neumarkt i.d.OPf., hereinafter referred to as the “Seller”, and the respective customer. It is pointed out that the Seller acts as an entrepreneur within the meaning of § 14 BGB, i.e. in the exercise of a commercial or independent professional activity.

2. These General Terms and Conditions shall apply exclusively. Any terms and conditions of the customer which conflict with or deviate from these General Terms and Conditions shall not be recognised unless the Seller has expressly agreed to them in an individual case.

3. They apply both to consumers and to businesses. A consumer within the meaning of these General Terms and Conditions is any natural person who places an order for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity. A business within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when placing the order, acts in the exercise of its commercial or independent professional activity.

4. The subject matter of the respective contract is the sale of goods by the Seller to the customer.

5. The customer may place an order for goods via the Seller's website. The minimum order value is EUR 10.00. After submitting the order, the customer receives an order confirmation in which the customer's details and order are listed again. This order confirmation does not yet constitute acceptance of the contract. If the Seller accepts the offer, the customer will receive a declaration of acceptance or a shipping confirmation from the Seller within 2 days. If the customer does not receive such a declaration within this period, the customer is no longer bound by the order.

6. The contract text and the General Terms and Conditions will be sent to the customer by email after the order has been placed. In addition, customers who have created a customer account can access their respective orders via their customer account at any time after conclusion of the contract.

7. The contract is concluded exclusively in German. Pages provided in other languages are for information purposes only. In the event of discrepancies, the German version shall prevail. German law shall apply insofar as the customer is a merchant.

8. All prices stated are gross prices in euros.

§ 2 Processing of the purchase contract, shipping costs

1. The customer shall bear the shipping costs from the Seller's place of business in accordance with the shipping cost table valid at the time of the order.

2. Upon conclusion of the purchase contract, payment of the purchase price becomes immediately due. The customer may choose between various payment methods.

3. In the event of returned direct debits or refusal to accept cash-on-delivery shipments, the resulting additional costs will be charged to the customer.

4. The Seller is entitled to withdraw from the contract if, despite having previously concluded a corresponding procurement contract, the Seller does not receive the subject matter of the performance; the Seller's responsibility for intent or negligence remains unaffected. In this case, the Seller will inform the customer immediately about the unavailability and will immediately refund any consideration already received. In such a case, the Seller reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of goods of equivalent price and quality.

5. Where the transaction constitutes a commercial transaction for both parties within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB), the customer shall inspect the ordered goods immediately after delivery. This applies in particular with regard to the completeness and functionality of the goods. Defects identified during this inspection or which are readily apparent must be reported to the Seller immediately. A detailed description of the defect must be provided. If the customer fails to notify the Seller, the goods shall be deemed approved unless the defect was not detectable during the inspection.

6. Defects in the goods which could not be identified during a proper inspection pursuant to paragraph 5 must be reported to the Seller immediately upon discovery where the transaction constitutes a commercial transaction for both parties; otherwise, the goods shall also be deemed approved with regard to such defect.

§ 3 Warranty and liability

1. The customer is entitled to the statutory warranty rights in respect of any defects unless otherwise stipulated in these General Terms and Conditions. For consumers, warranty rights are not restricted by these General Terms and Conditions.

2. If the customer is a business, the limitation period for the rights under § 437 Nos. 1 and 3 BGB in respect of new goods shall, in deviation from § 438 (1) No. 3 BGB, be one year from the commencement of the statutory limitation period. For consumers, the statutory limitation periods for claims arising from defects shall apply. The statutory special provisions governing consumer sales contracts, in particular §§ 475 et seq. BGB, shall remain unaffected.

3. If the customer is a business, the warranty for used goods is excluded.

4. As a general rule, the Seller shall not be liable for damage caused by slight negligence.

5. The limitations of liability pursuant to the preceding paragraphs 2, 3 and 4 shall not apply to damage resulting from injury to life, body or health, in cases of fraudulent concealment of defects, claims under the German Product Liability Act, in cases of intent and gross negligence, or in the event of breaches of obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

§ 4 Retention of title and transfer of risk

1. The delivered goods remain the property of the Seller until payment has been made in full.

2. If the customer is a business, in the case of a sale involving shipment, the risk passes to the business upon delivery of the goods to the carrier. In the case of consumers, the risk passes only upon delivery of the goods to the customer.

§ 5 Default and costs of default

1. The statutory provisions shall apply with regard to the occurrence of default.

2. The Seller is entitled to claim costs incurred as a result of payment default to the extent that such costs are recoverable under applicable law.

§ 6 Final provisions

1. These General Terms and Conditions and the respective purchase contract shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if the customer is not a consumer.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall, to the extent permitted by law, be the registered office of the Seller.

3. Should one or more provisions of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated: 16 September 2026