General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Reservation of Proprietary Rights
  7. Warranty
  8. Applicable Law
  9. Place of Jurisdiction
  10. Alternative dispute resolution
  11. Special conditions for the product DISKLOK

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Brief & Siegel Gruppe GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The German and the English language are exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.4 Credit card payment via Stripe
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

5) Shipment and Delivery Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

7.2 If the Client acts as trader

  • the Seller may choose the type of subsequent performance,
  • for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
  • for used goods, the rights and claims for defects are excluded,
  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

  • to claims for damages and reimbursement of expenses of the Client,
  • if the Seller has fraudulently concealed the defect,
  • for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

7.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.

8) Applicable Law

8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

8.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

9) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

10) Alternative dispute resolution

10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

11) Special conditions for the product DISKLOK

11.1 LOCK & KEY OPERATION

The Disklok utilises an advanced anti-drill multidisc lock design. This can take some time to become used too. Sometimes a disc can rotate out of alignment preventing the key from inserting fully. For the lock to open, the key will rotate three quarters of a turn. If the key only rotates one quarter of a turn the indications are that a disc in the lock mechanism is out of line. This is NOT a fault with the lock but a security feature. To remedy this please read the following
To re-align the discs, insert the key and turn it from side to side with a slight downward pressure, the discs will move back into position and the key will insert fully and operate the lock. Visit www.disklok.com/videos to watch an instructional video.

DO NOT force the key – snapping the key will require a lock smith to remove at the customer expense. Add any oil to the lock, no matter how much you think the lock requires it. Watch our lock operation video for help www.disklok.com/videos
Use the wrong key – a Disklok key has a black handle with Disklok imprinted logo – see replacement key section.

If you are unable to remove your Disklok because you have lost your key or someone has damaged it whilst attempting to remove it, you should seek a local professional lock smith for assistance. Disklok cannot advise how “best” to remove the device.

11.2 KEY SECURITY

Key security is very important, therefore, Disklok recommend that you take note of the following:
a. Ensure that all keys operate the lock correctly before fitting.
b. Remove the key tab with the computerised security key code from the key ring and put it in a safe and secure place.
c. The keys should then be removed from the key ring and kept separate at all times.
d. Should you lose or misplace your key(s), replacements can be sought if you have the computerised security code.
e. Do not keep the Disklok key on your main vehicle key bunch in case they are stolen.

11.3 REPLACEMENT KEYS

Additional or replacement keys can only be purchased from Disklok in the UK. For further details check the support section on the site www.disklok.com/replacement-keys. You will require your 5 digit key code number supplied with the new device.

11.4 WARNINGS

Locking Pin – The black tab used to slide the locking pin can come lose after prolonged use. Regular checks on the retaining screws tightness are necessary. If the black tab feels wobbly, the screw is becoming lose and needs to be tightened. To do this, remove the black handle by sliding it off, this gives access for a long Phillips type screwdriver to re-tighten, then replace the handle.
Hot Weather – In hot sunny weather, if your vehicle is parked for any length of time in direct sunlight the Disklok may get quite hot. It is advisable to put a sun shield or blind in the front windscreen, this will help reduce the problem.
Storage – When not in use, the Disklok should be securely stowed away. Typically, this can be in the boot (Disklok offer their own storage case) in the passenger footwell or behind the driver or passenger seat where it cannot slide around.

11.5 PRODUCT GUARANTEE

This Disklok is guaranteed for 36 months against mechanical failure from date of purchase. In the unlikely event of a fault occurring with your Disklok please contact the following market: Tepper-EFKA, Tel: +31 (0)50 544 53 46, Email: klantenservice@autostyle.nl, Web: www.autostyle.nl. Or visit our website www.disklok.com/support.
This guarantee is only valid if the product has been used as directed and proof of purchase is provided. This guarantee does not affect your statutory rights.

11.6 DISCLAIMER

Disklok U.K. reserve the right to change or alter the specification of the Disklok at any time, in order to maintain attack testing criteria and develop more resistance. The Disklok devise is a deterrent and does not guarantee against theft. We cannot be held liable if your vehicle is stolen with the devise fitted.