our terms and conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
The following applies to Austria: In the following conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with RADIAL Gear - Stephan Grad, Weberberg 27, 4076 St. Marienkirchen, Austria.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
4.1 Shipping costs
Standard shipping is free for orders over
- 39 euros including VAT for customers based in Germany and Austria
4.2 Delivery options
Delivery options
We ship the products to the delivery address specified during the ordering process.
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
5.1 Due date and default in payment
The price is due upon conclusion of the contract, unless a later date arises from the following payment conditions.
To consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. This does not affect any other claims.
To businesses: In the event of late payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate plus a flat rate of 40 euros. Other claims remain unaffected by this.
Towards entrepreneurs: In the event of late payment, we reserve the right to charge you interest on arrears amounting to nine percentage points above the ECB base rate as well as a flat rate of CHF 40. Other claims remain unaffected.
5.2 Payment methods
The following payment methods are generally available in our shop.
Credit card
You provide your credit card details during the ordering process. Your card will be charged immediately after you place your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
6. Right of withdrawal
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
7. Retention of title
The product remains our property until full payment has been made.
The following also applies to entrepreneurs: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
The following applies to consumers:
The statutory liability for defects applies.
The following applies to entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defects. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the recourse claim according to Section 445a of the German Civil Code remain unaffected.
9.2 Warranty
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
Should individual clauses of these terms and conditions be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.