Terms of delivery and payment (B2B)
This is a translation for convenience. The German version is legally binding.
Version: 31 October 2026
§ 1 Scope
- These terms apply to all deliveries, services and offers of Rein Reifen GmbH, Friedensstraße 147, 41238 Mönchengladbach, Germany ("Rein Reifen") to entrepreneurs within the meaning of § 14 German Civil Code (BGB), legal entities under public law and special funds under public law ("Customer"), including orders placed through the dealer portal b2b.reinreifen.com.
- We do not supply consumers (§ 13 BGB). By ordering, the Customer confirms that they act in the course of a commercial or self-employed professional activity.
- Conflicting, deviating or supplementary terms of the Customer do not become part of the contract, not even through silence or delivery, unless we have expressly agreed to them in writing.
- These terms also apply to all future transactions with the Customer. Individual agreements take precedence.
§ 2 Offer and conclusion of contract
- Presentations in the dealer portal, catalogues, price lists and quotations are non-binding. Errors and prior sale are reserved.
- The Customer's order is a binding offer. The contract is concluded when we confirm the order in text form or deliver the goods or make them available for collection. An automatic acknowledgement of receipt is not an acceptance.
- Side agreements and amendments require our confirmation in text form.
- The Customer gives truthful details on registration (in particular company name, address, VAT ID) and notifies changes without delay. Portal credentials must be kept confidential and used only by authorised staff.
- Our delivery obligation is subject to correct and timely supply by our own suppliers. If goods are unavailable we inform the Customer without delay and refund payments already made; we are then released from the obligation to deliver.
§ 3 Prices
- The prices stated in the dealer portal, the current price list or the quotation at the time of the order apply. All prices are net prices in euros plus statutory VAT.
- Prices are ex our warehouse, excluding packaging, transport and insurance. Shipping costs follow the information shown in the ordering process or the current price list. No shipping costs apply to collection.
- For intra-Community supplies, VAT exemption requires a valid VAT ID of the Customer. If it is missing or the conditions lapse, we charge VAT subsequently.
- Changes by manufacturers to design, tread pattern or equipment that serve technical progress or are required by law remain reserved, provided the goods are not substantially changed and the change is reasonable for the Customer.
§ 4 Delivery, shipping, collection, transfer of risk
- Stated delivery dates and periods are non-binding unless we have expressly confirmed them in writing as binding. Partial deliveries are permitted where reasonable for the Customer.
- Force majeure and comparable events (e.g. strike, operational or traffic disruption, official measures, supply failure by manufacturers) for which we are not responsible extend delivery periods appropriately; if the obstacle lasts longer than 6 weeks, either party may withdraw from the contract for the affected quantity.
- Shipping: We choose the method and route of shipment. Risk passes when the goods are handed to the forwarder, carrier or other person designated to carry out the shipment; for partial deliveries, for that part. We insure the shipment only on the Customer's express instruction and at their cost.
- Collection: The Customer may collect the goods from us after our notification. Risk passes on handover to the Customer or their agent. Goods not collected within 7 days of notification may be stored or shipped at the Customer's cost and risk.
- Delivery by third parties (direct delivery): We may have the goods delivered directly by one of our suppliers to the Customer or to a recipient named by the Customer. The contract exists solely with us; the sender may be a third party. These terms apply unchanged to transfer of risk, notice of defects and returns.
- Acceptance: The Customer checks the consignment on delivery for external damage and quantity and has transport damage confirmed by the carrier on the delivery note.
- If the Customer fails to accept the goods or is in default of acceptance, we may claim reimbursement of additional expenses; risk passes upon default of acceptance.
§ 5 Payment
- Unless agreed otherwise, invoice amounts are due within 14 days of the invoice date without deduction; for collected goods payment is due on handover. Receipt of payment by us is decisive.
- Payment is made by bank transfer on invoice or on collection. Online payment is not provided in the dealer portal. We may require advance payment, in particular for new customers, exceeded credit limits or outstanding invoices.
- If the Customer defaults on payment, default interest of nine percentage points above the base rate applies (§ 288(2) BGB) plus the flat default fee of EUR 40 (§ 288(5) BGB). We may withhold further deliveries or perform them only against advance payment and declare all open claims immediately due. Further damages remain reserved.
- The Customer may set off or withhold only with undisputed claims or claims established by a final court decision.
- We send invoices electronically by email.
§ 6 Retention of title
- Delivered goods remain our property until all claims arising from the business relationship with the Customer are paid in full (reserved goods).
- The Customer may resell the reserved goods in the ordinary course of business. They hereby assign to us the claims arising from the resale up to the invoice value of the reserved goods (including VAT); we accept the assignment. The Customer remains authorised to collect as long as they meet their payment obligations; we may revoke this authority upon default.
- Pledging and transfer by way of security are not permitted. The Customer notifies us without delay of access by third parties (e.g. seizure).
- In case of breach of contract, in particular default of payment, we may take back the reserved goods after setting a deadline; taking back is a withdrawal only if we expressly declare it.
- If the value of the securities exceeds our claims by more than 20%, we release securities of our choice on request.
§ 7 Inspection, notice of defects and warranty
- The commercial duty to inspect and give notice (§ 377 German Commercial Code, HGB) applies as follows: obvious defects, wrong deliveries and quantity deviations must be notified without delay, at the latest within 7 days of delivery in text form (email suffices), stating delivery note or invoice number, item and description (preferably with photos and DOT number). Hidden defects must be notified without delay after discovery. Without notice the goods are deemed approved.
- Tyres must not be mounted or used until the matter is clarified. A mounted or used tyre is deemed approved unless the defect was not recognisable before mounting.
- In the case of a justified notice we first provide subsequent performance by repair or replacement at our choice. If this fails or we rightfully refuse it, the Customer may reduce the price or, if the defect is not insignificant, withdraw. The Customer makes the disputed goods available to us for inspection.
- Warranty claims become time-barred after 12 months from delivery. This does not apply to damages claims under § 9(1), in case of fraudulent concealment or an assumed guarantee, or where mandatory law prescribes longer periods (e.g. § 438(1) no. 2, § 445b BGB).
- The following are not defects: damage and deviations caused by improper mounting, storage or repair, overload, incorrect tyre pressure, unsuitable rims, accident and external influences, natural wear, and removed or illegible serial numbers or manufacturer markings. The Customer checks suitability of a tyre for a specific vehicle against vehicle documents and manufacturer approvals.
- Warranty is excluded, where permissible, for used, retreaded, "B-grade" / "second choice" goods or goods expressly offered as deviating. § 9 remains unaffected.
- The manufacturing date (DOT) is marked on the tyre. Requests for a specific DOT require our express confirmation.
- Manufacturer warranties remain unaffected. We give our own guarantee only if we expressly declare it in writing as such.
- In case of manufacturer recalls, the manufacturer's instructions apply first; we support the Customer in handling them.
§ 8 Returns
- There is no right to return defect-free goods. We take back defect-free, unmounted and unused goods only by prior agreement in text form. We reserve a deduction of 15% of the goods value for inspection and restocking.
- Returns are carriage paid unless agreed otherwise; for a justified notice of defects we bear reasonable return costs.
- Special-order goods, goods procured to the Customer's specification and already mounted goods are excluded from return.
§ 9 Liability
- We are liable without limitation for intent and gross negligence, injury to life, body or health, under the Product Liability Act, and where we have assumed a guarantee or fraudulently concealed a defect.
- In case of slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance possible and on which the Customer may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise liability for slight negligence is excluded.
- Within paragraph 2, liability for lost profit, indirect and consequential damage is excluded. This does not apply in the cases of paragraph 1.
- For dealer portal outages and internet transmission risks we are liable only in accordance with paragraphs 1 to 3.
§ 10 Data protection
We process the Customer's data to perform the contract. Details are in our privacy policy: reinreifen.com/en/privacy
§ 11 Final provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Place of performance is Mönchengladbach unless agreed otherwise. The exclusive place of jurisdiction for all disputes arising from the business relationship, where the Customer is a merchant, a legal entity under public law or a special fund under public law, is Mönchengladbach. We may also sue at the Customer's seat.
- If a provision is or becomes invalid, the others remain valid. The statutory provision replaces the invalid one.
